Terms and Conditions

INTRODUCTION

Last Updated 1st August 2018

By accepting the Terms and Condition, you also accept the Privacy Policy (visit here) of the company Tuikart Private Limited to use the Tuikart.

These Terms of Use (“Terms”) governs your use of the Tuikart website, located at www.Tuikart.com, any mobile applications, and services (“Site”) provided by Tuikart Private Limited (“Tuikart” or “us” or “we” or “our”) having its registered office at Laxmi Nagar, New Delhi -110090, India

Please read these terms of use carefully before using this site, downloading, installing or using our mobile application. By accessing, registering or using this site, you agree to be bound by these terms, including the disclaimers set forth below and the privacy policy. If you are not willing to be bound by these terms of use, including the disclaimers and privacy policy, you may not access or use this site or download our mobile application.

We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time and each such change shall be effective immediately upon posting. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

  • General
  • For Tutors
  • For Students or Parents
  • Cancellation and Refund Policy
  • Contest
  • Charges for the use of the Tuikart Service
  • Education Loan
  • Product and Service sale
  • Coaching Management Platform

Any Tutor / Tuition center / Coaching center which are registering and listing their business to offer their service through Tuikart are abide by the Agreement terms as mentioned in Tutor/Tuition center/ Coaching center Agreement. By registering on Tuikart Private Limited “www.tuikart.com”, all and any tutor, tuition center and coaching center are abide by the agreement which is mentioned here at Tutor / Tuition center / Coaching center Agreement.

 

From India or any foreign country, any or Every Job providers, Recruiters, recruiting companies, Tuition, Coaching centers, individual job provider and Job Seekers are abide by the terms and condition mention in this link.

Tuikart reserves its right to change the look, feel, design, prominence, depiction, classification of any section of Tuikart.com at any time without assigning any reason and without giving any notice.

 

  • GENERAL
  • General terms Tuikart provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors, Tuition Centres, Coaching, etc.”), and to any other entity like “Institutes” on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity (Institutes) who views, uses, accesses, browses or submits any content or material to the Site. The Terms are effective upon acceptance and govern the relationship between you and us including the provision of any of the Services on our Site. In the event the Terms conflict with any other document / policy / content on our Site, the Terms will prevail over them, for the purposes of usage of the Site. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Site in any way and should exit immediately. 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.
  • Services You are responsible for your acts and omissions. Site is only a venue to connect Students and Tutors, in the event that you have any dispute with other user, you release Tuikart (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) 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. As independent contractors hired by Students, Tutors or representative of the institutes control the methods, materials and all aspects of the lessons. We only support the Tutor or Institute decisions and choices that you make. These decisions and choices are yours. We cannot make decisions for you. We only help you to find good Tutor and connect with Tutors. Students/Parents are responsible for selecting the right tutor, Tuition Centre or institute for their needs. In making hiring decisions, Students/Parents should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students.   The information provided in Tuikart, regarding tutors, coaching centers, institutes, courses, etc. has been compiled by assimilating data from various educational websites, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate. For additional requirement of education related information displayed in our website, we recommend you contact the respective institutes.  Tuikart controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Tuikart services may not be available in your location, and available services may vary among locations. In addition, Tuikart will attempt to deliver all correspondence sent via the Site’s messaging system. Tuikart does not, however, guarantee delivery of all messages. Tuikart.com reserves the right to withdraw or modify aspects of the Tuikart.com service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the Tuikart.com service becomes inaccessible as a result of technical difficulties experienced by Tuikart or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
  • Restricted Activities: You acknowledge and agree that Tuikart’s services are provided for the purpose of facilitating education and not for any illegal purposes. You agree not to use the Site to hire tutors/ Tuition Centres, Coaching, Institutes for illegal purposes such as to complete assignments, to write test/exam papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Tuikart’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution or workplace. You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Tuikart in its sole discretion. Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
  • Eligibility and conduct: Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to Tuikart, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. . Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. You may submit feedback regarding your experiences with Tutor, Tuition Centres or Institutes on our Site or Mobile Application, submit inquiries concerning possible educational needs and to participate in the other interactive and community features of the Site (collectively “Submitted Content”). It is important that you act responsibly when providing Submitted Content. In providing feedback, please give clear, honest information about the Tutor, Tuition Centre or Institute and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor, Tuition Centre  or Institute may use to identify you as an individual,  but please do include all relevant information in a concise manner to help us provide you with a helpful response.  You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.  Except as described in our Privacy Policy. We will not be required to treat any of Your Submitted Content as confidential, and you acknowledge and agree that we may use in connection with our business any of the concepts and ideas contained in Submitted Content without compensation to you and we will not incur any liability to You as a result of any similarities between concepts and ideas contained in Submitted Content and our future operations and business. Except as otherwise set forth in these Terms, we will be entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to You or any other person.  Submitted Content, including personally identifiable information contained therein are made voluntarily and are subject to the Privacy Policy. You are responsible for Submitted Content and agree to defend us, indemnify and hold us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which we may incur as a result of Submitted Content.  With respect to Submitted Content, you acknowledge, warrant and agree that:
    • a)If Submitted Content concern Tutor, Tuition Centre or Institutes, Submitted Content will be true and accurate, only concern or relate to the care or service that You, Your minor child or Your ward received from the Tutor, Tuition Centre or Institutes being reviewed, that You are not related to or employed by the Tutor, Tuition Centre or Institutes being reviewed and that You are not impersonating any other person;
    • b)If You are a Tutor, Tuition Centre or Institute submitting or editing any Submitted Content, Your Submitted Content will be true and accurate, You are the Tutor, Tuition Centre or Institute specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
    • c)If You are a person authorized by a Tutor, Tuition Centre or Institute to submit or edit Submitted Content specifically related to that Tutor, Tuition Centre or Institute, Submitted Content will be true and accurate, You are authorized by the Tutor, Tuition Centre or Institute identified in the Submitted Content or edited to make such edits and Submitted Content will only concern that Tutor, Tuition Centre or Institute and the services provided by that Tutor, Tuition Centre or Institute.
    • d)You have the right to make Submitted Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and Submitted Content will not contain any content, personally identifiable information (other than the name of the Tutor, Tuition Centre or Institutes being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
    • e)Submitted Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, or (viii) are deemed confidential by any contract or policy.

We reserve the right to publish your Submitted Content as part of the Service and to also to remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.

We do not provide the Submitted Content on the Site. It is users of the Site provide Content on the Site. The Tutor, Tuition Centre or Institutes determine which content to display; they are not employees or agents of Tuikart but are independent service providers using the Site to provide their expert knowledge to users of Site.

We do not refer you to or endorse or recommend particular Tutor, Tuition Centre or Institutes. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content on Site. We shall not be liable for any acts or omissions of Tutor, Tuition Centre or Institutes, Content, the ability of Tutor, Tuition Centre or Institutes to answer questions.

By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanour of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanour charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

By using the Site, you understand and agree that Tuikart may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Tuikart may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.

You hereby authorize Tuikart to verify the above representations and warranties by you and you acknowledge and agree that Tuikart shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Tuikart may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

The preceding paragraph notwithstanding, you understand and agree Tuikart does not conduct background checks of any User. You also understand and agree Tuikart neither confirms nor denies the validity of information provided by Users and that Tuikart does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.

Tuikart expressly disclaims, and you expressly release Tuikart from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

Tuikart reserves all of its rights to remove anything objectionable to Tuikart in its sole discretion. Alleged improprieties by any User may be reported to Tuikart by email at contact@Tuikart.com.

  1. Fees & Refunds: Tuikart may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of Tuikart.
  2. Third party reports: Tuikart may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). Tuikart does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Tuikart does not independently verify information in the consumer reports. You hereby consent to Tuikart collecting, using and disclosing the information in the consumer reports. You understand and agree that Tuikart may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Tuikart shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Tuikart reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Tuikart’s sole discretion.
  3. Confidentiality of Tuikart information: You may obtain direct access via the Site to certain confidential information of Tuikart 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 Tuikart 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 Tuikart, 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 Tuikart adequate to afford Tuikart the opportunity to object to the disclosure.
  4. Terms of transacting business: You understand and agree to abide by Tuikart’s tutor, Tuition Centre or Coaching and student payment policies. You agree that you are willing to pay all costs associated with the services through Tuikart. These costs include but are not limited to: (a) a tutor’s, Tuition Centre’s or Coaching’s per session rate as listed; (b) cancellation fees as described in Tuikart’s cancellation policy,(c) the booking convenience fees between the Student and Tuikart. (e) The commission arrangement between the Tutor, Tuition Centre, Coaching and Tuikart(d) the commission arrangement between the Tutor, Tuition Centre, Institute and Tuikart for course and event booking fees.
  5. Third party verification services: Tuikart may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Tuikart shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
  6. Advertisements and promotions: Tuikart may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Tuikart found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Tuikart is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Tuikart advertisers on the Site.
  7. Third Party links: Placement of information, logos, links or names of Tutor, Tuition Centres or Institutes or any other third party entities on the Site does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold Tuikart harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Tuikart or between any User including Tutor or Institutes or any other third party entities and Tuikart by formation of this Agreement or by your participation on the Site. We do not control the information provided by Tutor, Tuition Centres or Institutes or any other third party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive.YOU ARE RESPONSIBILE TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
  8. Text message & PUSH notifications: We send various text message and PUSH notifications for Students, Tuition Centres, and Coaching.

 

  1. Intellectual property rights: Tuikart grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Tuikart, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Tuikart reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Tuikart. You may like or follow Tuikart or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.  Except as expressly authorized by Tuikart or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Tuikart discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.”Tuikart Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Tuikart uses in connection with its products and services. You may not remove or alter any Tuikart Trademarks, or co-brand your own products or material with Tuikart Trademarks, without Tuikart’s prior written consent. You acknowledge Tuikart’s rights in Tuikart Trademarks and agree that any use of Tuikart Trademarks by you shall inure to Tuikart’s sole benefit. You agree not to incorporate any Tuikart Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Tuikart on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
  2. Termination and suspension: Tuikart reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile).
  3. Disclaimer of warranties: use of the site is at your sole risk unless otherwise explicitly stated. The site, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. Tuikart disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Tuikart makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site. Tuikart makes no warranty or representations that: (a) the site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from tutors, tuition centres and coaching will meet your expectations or requirements; or (d) any errors in the site will be corrected. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the site, including any damages resulting from computer viruses.
  4. Limitation of liability: the site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Tuikart has no control over the acts or omissions of any user and that Tuikart makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Tuikart is not responsible for the performance or conduct, whether online or offline, of any user of the site. As such, Tuikart expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site. Users of the site transact between themselves. Tuikart will not be involved in any user interactions. Tuikart is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction.you understand and agree that Tuikart has no control over the acts or omissions of any user on or off the site and that Tuikart makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Tuikart is not responsible for the performance or conduct, whether on or off the site, of any user. As such, Tuikart expressly disclaims, and each user expressly releases Tuikart from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site, including without limitation any acts and/or omissions of users on or off the site.to the full extent permitted by law, Tuikart is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the site, even if Tuikart has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the site; (c) statements or conduct of any third party on the site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Tuikart’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to Tuikart or a Tuikart partner, if any, or (b) inr 5000 (whichever is less).you and Tuikart agree that the warranty disclaimers and limitations of liability in these terms of use are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and Tuikart agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.if you are dissatisfied with the site or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the site, except as may be provided for in this section 16.
  5. Assumption of risk: You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Tutor , Tuition Centre , Coaching and StudentSafety Tips, when interacting with other users.
  6. Indemnification: You agree to indemnify, defend, and hold harmless Tuikart and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable lawyer’s fees and court costs, incurred by Tuikart in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these terms of use; (d) disputes with or between other Users; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by Tuikart in the defense of such claims. Tuikart reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Tuikart without the written consent of Tuikart.
  7. Arbitration: Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor and Institute conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration then in effect and before a single arbitrator chosen by Tuikart. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in New Delhi and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Tuikart may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
  8. Injunction: You agree that any material breach of the Terms will result in irreparable harm to Tuikart for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Tuikart will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Tuikart seeks such an injunction.
  9. Notices; modification and termination of services; amendment of terms: Tuikart may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Tuikart reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Tuikart may also delete, or bar access to or use of, all related information and files. Tuikart will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Tuikart may amend these Terms at any time by posting the amended terms on this Site.
  10. Governing law: This Agreement shall be governed by and construed in accordance with Indian laws, without regard to choice of law rules. Any controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in New Delhi and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Tuikart may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
  11. Entire agreement: These Terms constitute the entire agreement between you and Tuikart relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Tuikart or third-party products or services.
  12. All payments due to Tuikart should be made Online.  Our existing Online Money Transaction Modes will remain operative.

From India or any foreign country, any or Every Job providers, Recruiters, recruiting companies, Tuition, Coaching centers, individual job provider and Job Seekers are abide by the terms and condition mention in this link.

 

FOR TUTORS, TUITION CENTRES, COACHING AND INSTITUTES

  1. Tutor warrants that he/she is, at least, eighteen years of age, and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.
  2. Tutor agrees and understands that he/she is not an employee of Tuikart 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 Site. We do not issue any working experience certificate to our registered members.
  3. Tutor understands and accepts that details entered by them on the Site will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results.
  4. Tutor accepts full responsibility for all information published by him/her or it on the Site and shall indemnify Tuikart in relation to any liability incurred by them as a result of any such information.
  5. Tutor undertakes to register for the Tuikart service, always providing and using accurate and current information about him/her – including name, address, telephone number/s, qualifications, tutoring experiences and any other details requested by Tuikart.
  6. 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, Tuikart may in its discretion suspend or terminate account of such Tutor.
  7. Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.
  8. We do not provide any guarantee of the number of total enquiries/business which a Tutor will receive during their subscription period.
  9. All tuitions posted in our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, Tuikart will not be responsible for the same.
  10. A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in the exact detail on the Site.
  11. com charges only specified rate of the fees collected from the student as per your quoted price or hourly rates.
  12. Money will be added to your account after successful completion of the tuition sessions, following full satisfaction of the student and his/her parent/s.
  13. Student can always cancel any booking before 2 hours of the booked session. It is the Tutor’s responsibility to impress and convince the student/parent with his/her teaching abilities and methods.
  14. In case of cancellation, tutors will not get any payment even if the sessions have been funded beforehand by the students.
  15. com does not allow and will not take any responsibility for any sort of direct payments between Student and Tutor.
  16. Tutor shall indemnify Tuikart from all claims, liabilities, costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of any use by the Tutor of the Site.
  17. A tutor and a tutorial centre hereby acknowledge that Tuikart 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.
  18. In responding to feedback of Students posted on the Site a Tutor shall not, in any way, show disrespect towards a Student or his family.
  19. We are not involved in any kind of interactions that takes place between the tutors, Tuition Centres, Coaching and students, and hence is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the tutors. The parents / students and the Tutors, Tuition Centres, Coaching are however free to take feedback and suggestions from us to solve the issue amicably.
  20. For all commitments/representations of Tutor to Student other than those which are mentioned on Site Tutor alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.
  21. Tutor is expected to conduct himself in a teacher / coach like manner which is generally prevalent and acceptable in a teacher and student like relationship.

FOR STUDENTS OR PARENTS

  1. A student or parent undertakes to register for the Tuikart service, always using accurate and current information about himself/herself – including name, email ID, mobile number etc.
  2. During posting or tuition requirement students should enter as much details as possible for better responses from tutors, Tuition Centres and Institutes.
  3. Students must pay a tutor through Tuikart payment system only, to avoid any kind of misunderstanding and other issues with tutors in the latter stages. Payments with Tuikart are safe.
  4. Tuikart does not support or encourage any direct payment to any tutor, tuition Centres, Coaching as that could lead to a potential fraud and we do not take any responsibility for such payments or tutors, Tuition Centres, Coaching .
  5. Students or Parents are hereby agree and allow Tuikart to disclose their complete address and contact details to the Home Tutor after booking the class/session from that tutor through Tuikart.
  6. Tuikart takes responsibility of payment handling only and not for any tutor’s social or other behavior. Tuikart does not guarantee the tutoring quality and style as a tutor, Tuition Centre and Coaching.  Student acknowledges that it is his/her responsibility to verify the credentials and qualifications of any tutor with whom s/he enters into or proposes to enter into a tuition contract.
  7. Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. Tuikart is just an online marketplace where tutors, Tuition Centres, Coaching and institutes can advertise their services.
  8. No Tutor can guarantee good grades; therefore, grade you get cannot be a reason for student to come back at a later time and demand refund for services.
  9. Student/parent should use caution, good judgment and proper language when leaving a Review for a Tutor. What you post will be a permanent part of that tutor’s record. Please restrict your review to a Tutor’s teaching-related skills (communication skills, knowledge, patience, clarity etc.)
  10. We are not involved in any kind of interactions 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, Tuition Centres, Coaching and institutes The parents / students and the Tutors, Tuition Centres, Coaching and institutes are however free to take feedback and suggestions from us to solve the issue amicably.
  11. Student is expected to conduct himself in a Student like manner which is generally expected and regarded as ideal Student behaviour prevalent in education stream.
  12. Tuikart would not be liable to offer any compensation or damages of any nature to Student if Tuikart deactivates a Tutor, Tuition Centre, Coaching and institute’s account or if Tutor discontinues /chooses to not extended tutor sessions.
  13. Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. Tuikart 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.

 

While submitting your listing or while creating profile at Tuikart, you are also abiding by the terms and conditions mention on the Listing Policy.

 

PAID AND FREE LISTING

 

For the listing of Tutors, Tuitions and Coaching Centres, Tuikart Private Limited at its sole discretion can change terms and condition at any time without any prior intimation. No one can challenge the decision taken by the Tuikart.com website management. Tuikart.com offers both Free and paid listing options and user are advised to cross check before going ahead to pay for the paid Listing services. Paid listing have charges as mentioned in Pricing section. The pricing of the paid listing is at sole discretion of Tuikart management. No one outside from management team can challenge the decision on pricing. Also, Tuikart.com Website does not guarantee for any response against the paid listing/s. The service offered is purely to list yourself / your business on Tuikart website. The paid listing on Tuikart.com website is recurring service. hence, in case you do not want to renew your service then user have to intimates us through email to stop/discontinue the paid service and thus once the paid service is disable then it will automatically converted into basic service. The payment for the paid service  / options can only be made through available process on Tuikart Website. No physical cheque or currency / cash will be taken to activate the service.  All transaction pertaining to avail the service on Tuikart.com will be made through online payment / electronic media.

 

Refund Policy ( Listing)

Tuikart is working hard to provide best of the service to the clients and users. But in case somehow user want money return /refund after purchasing the service then it is not refundable and/or non-transferable. Hence, Once paid cannot be refund or transfer in any circumstances in any form. User/ Buyers are advised to think 100 times before going ahead to buy the service from Tuikart. However, in certain cases Tuikart.com may refund the amount but such decision is 100% on Management that how much and by when. No one can challenge the decision on refund. In case of refund,  it will be credited/refund back to the same account through which it was paid to Tuikart.com website. Company will not refund the amount in any other form than online i.e no cash or transfer is allowed.

CACELLATION AND REFUND POLICY FOR CLASSES/SESSION BOOKED THROUGH TUIKART

CANCELLATION (STUDENT)

A Class/Session can only be cancelled by student/parent before two hours of the class/session time. No option for cancellation will be available after the mentioned deadline.

CANCELLATION (TUTOR, TUITION CENTRE, COACHING AND INSTITUTE)

A Tutor, Tuition Centre, Coaching and Institute cannot cancel any booked class/session by student. However a Tutor, Tuition Centre, Coaching and Institute can cancel in event of a student has booked for whole month and tutor is not available or not willing to take future classes except the class/session falling under 24 hours of booking.

REFUND

If you cancel any booked class/session as per the given deadline, 100% money of that cancel session/class will be refunded in your Tuikart Account immediately.

Though we are committed to provide best of the service and user experience to our users, still if you want to part ways (which we are sure not permanently) you will get your money back in your bank account through which you had paid after deduction of applicable taxes and 2% processing fee of the total balance remained in your Tuikart account.

 

Business Listed( tutor, tuition and coaching) on Tuikart:

 

1> Business listed on Tuikart and not owned or not claimed are the business which are posted through the information available on the internet and public domain. Any mistake or error available in information is may be due to the information a on the internet or information is outdated but available in the web/internet/search engine or in public domain. We do not guarantee for the information available for the business which are listed and not claimed. Hence, any visitor or user of tuikart are advised to take the decision at it own self risk and hold harmless to tuikart, it’s management, client, employee for any harm, loss of self data, monetary loss or loss of any kind.

 

Contest:

Complete your Profile to win Gift Hamper worth upto Rs.10,000 :

Process: Students need to fill complete 100% student profile, Teacher/Tutor, Tuition center and Coaching centers need  need to fill 100% all 3 forms – Profile, Time Table and bank details and if user is both Student  well as Teacher/Tutor, Tuition center and Coaching center then has to fill both Student profile and all 3 forms – Profile, Time Table and bank details.

Eligibility: Registered Users and age 18 or above 18 Years

Duration: Every month this contest is valid for 30 days.

Condition: The Contest is valid for the users who will fill 100% of profile requirement.

Winner declaration: Random profile will be choose through randomiser process.

Winning product dispatch: Winner need to provide all the required documents to avail the winning product. Winner need to provide the document within 7 days from the day of intimation/declaration of contest. If in case postal or courier service is not available in your city then it is upto tuikart management to decide how to provide you the winning product. However, in case the postal / courier service if not available then Tuikart can cancel your winning position and offer the winning product to next winner drawn through randomizer.  No One can challenge the process and winning product. All the courier charges will be paid by the winner only.

Winner: Winners for the month of March 2018 and April 2018 Will be declared on 1st Week of May 2018 .

 

General Contest :

1.In case a winner wins a product under Tuikart Promotional Schemes whose MRP is more than or equal to Rs 10000 ,then he/she will have to pay 30% gift Tax as per the government rules .
2.Tuikart holds the sole discretion on deciding the winner.
3.Tuikart shall not entertain any questions, correspondence, inquiries on the manner of conduct of the contest from any party whatsoever.
4.The selection of prizes is as per the sole discretion of Tuikart.

5. Tuikart at its sole discretion can cancel any contest running at Tuikart without any prior information to any user on any day/date and time.

6. Any dispute on winner or winning process should be communicated through contact us page.

7. On any dispute, final decision will only with Tuikart. No one can challenge the final decision taken by tuikart.

 

Charges for the use of the Tuikart Service (Effective from 27 May 2018 and will supersede to any previous charges):

These charges (convenience fees and Commission) are charged by the Tuikart for facilitating/providing the platform.

  1. Students and Parent for Class booking : No convenience fees on every transactions
  2. Service Provider for getting class booked :
    1. 8% Commission on weekly transaction (business generated by Class booking business only) above Rs.20000
    2. 12% Commission on weekly transaction (business generated by Class booking business only) above Rs.6000 to Rs.20000
    3. 20% Commission on weekly transaction (business generated by Class booking business only) upto Rs.6000

Education loan:

  1. By applying educational loan through Tuikart , user is allowing Tuikart Private Limited to share his/her personal data to various loan providers.
  2. Educational loan service is provided by the various strategic financial institutional hence, for any type of loan users are abide by the terms and condition of the loan provider company and not by Tuikart.
  3. Once user successfully provided all the relevant information to avail the loan same will be shared with loan providing company or institutions.
  4. Tuikart private Limited has no role of providing the loan hence, final decision of loan approval will be with loan providing company or institution.
  5. User by applying through Tuikart, will allow tuikart to communicate all the proceeding of loan related through various communication channels like sms, emailers, email letter and others.
  6. User will be solely responsible to share the detail to loan providing company/institutions for final loan approval. Users are required to verify 100 times before apply/depositing any document to any loan company. User are responsible for Submitted loan related documents as required by the loann company or institutions and agree to defend us, indemnify and hold us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which we may incur as a result of Submitted documents.

Product and Service sale though Tuikart Market place

1> All the sellers and buyers are abide by the terms and condition of Tuikart Private Limited. Detailed Terms and conditions related to buying of product and service by Buyers and sale of the product and service by the sellers / service providers  will be found in this link – Click here 

 

Coaching Management Platform

Coaching Management system is design to use only by the authorised buyer only. Only Institutes, Tuition centers and Coaching centers are allowed to use the platform. Detail terms of Use and Service agreement for Coaching management platform will be found here