PLEASE NOTE THAT THIS AGREEMENT BINDS YOU, THE COMPANY WHICH YOU MIGHT REPRESENT, AND THE COMPANY THAT HAS REGISTERED YOU (collectively referred to as “You” or “Your“) TO THE TERMS AND CONDITIONS SET FORTH HEREIN. BY REGISTERING TO USE THE SERVICES (as defined hereinafter) OFFERED BY ALPHA KRAFT LLP OR SPOTMYTEACHER, YOU AGREE THAT YOU HAVE PROPERLY READ AND AGREE TO BE UNCONDITIONALLY BOUND BY AND BECOME A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE THAT YOU ARE CONTRACTING DIRECTLY WITH SPOTMYTEACHER OR ALPHA KRAFT LLP. YOU DO NOT HAVE ANY KIND OF CONTRACTUAL RELATIONSHIP, DIRECT OR INDIRECT, WITH TEACHERS. THE ONLY INFORMATION WHICH YOU WILL RECEIVE ABOUT TEACHERS IS WHAT WILL BE PROVIDED TO YOU THROUGH THE SERVICES. YOU HEREBY AGREE THAT YOU WILL INDEMNIFY SPOTMYTEACHER FOR ANY LOSSES OR ISSUES ARISING OUT OF YOUR USE OF ANY OF OUR SERVICES.
PLEASE NOTE THAT IN CASE YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR PARTLY AGREE, CLICK ON THE “X” BUTTON AND DO NOT USE OUR SERVICES. BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU HEREBY DECLARE THAT YOU ARE OVER THE AGE OF 18 (EIGHTEEN) YEARS OR HAVE ATTAINED THE AGE OF MAJORITY AS PER THE LAWS APPLICABLE IN THE COUNTRY IN WHICH YOU RESIDE AND ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT AS PER THE LAWS AND STATUTES APPLICABLE IN YOUR COUNTRY.
This Agreement is between Alpha Kraft (hereinafter referred to as “SpotmyTeacher” or “We” or “Our” or “Us“) which is a Limited Liability Partnership having its registered office at B-263 Mangolpuri Industrial Area Phase-1, New Delhi- 110083. We are into the business wherein We enable Students to connect with Teachers online via internet who provide live and recorded instruction, tutoring, and learning services using our Services.
Singular and Plural:
Words used in this Agreement in the singular shall be deemed to include the plural and vice versa. The definitions of any words in the singular shall extend to such words when used in the plural sense and vice versa.
Any pronoun used in this Agreement in the masculine gender shall be considered as including the feminine gender.
“Account” shall mean the individual account of every Student where their personal and other necessary details which is required for the proper functioning and running of the business of Spotmyteacher will be stored.
“Day(s)” mean 24 (twenty-four) hours beginning from 12 at midnight till 12 midnight of the following night.
“Intellectual Property” shall mean any and all intellectual property whether registered or unregistered, including but not limited to patents, copyrights, trademarks, trade secrets, all inventions, discoveries, designs, developments, specifications, modifications, improvements, know-how, algorithms, databases, computer software and code, graphics, images, audio or visual works, texts, diagrams etc.
“Intellectual Property Rights” shall mean collectively all rights and privileges under the laws, rules and regulations which have been framed and enacted by any governmental authority relating to patents, copyrights, trademarks, trade secrets and any such similar rights ejusdem generis and all applications and registrations connected or related to the foregoing.
“Teacher(s)” shall mean the independent instructors who have registered themselves on the website of SpotmyTeacher on a contractual basis to provide teaching and tutoring services to the Students using the Services;
“Services” shall mean and include the software, website, mobile applications or any other connected applications, services or other offerings provided by the website of SpotmyTeacher, including, without limitation, facilitating and hosting courses and supporting materials, and taking feedback from the Students.
“Student(s)” shall mean the students or their legal guardians or schools, colleges or any other educational institutions who have registered themselves on the website of SpotmyTeacher to avail or make use of the Services and who agree fully and unconditionally to the terms and conditions of this Agreement;
“Submitted Content” shall mean all the study materials and any related material or any other information which a Teacher(s) submits on the website of SpotmyTeacher or on the Services;
“Third Party Platforms” shall mean any website or link or advertisement which is not verified or controlled by SpotmyTeacher or any such feature which may pop up while using the Services;
Representation and Waranties:-
As a Student, You acknowledge, warrant, and agree that:
- You are over the age of 18 (eighteen) years or have attained the age of majority as per the laws applicable in Your jurisdiction, if not, You will not be able to open the Account. In that case You will have to use the Services with the involvement, supervision, and approval of a parent or legal guardian who will accept all the terms and conditions of this Agreement and other related Agreements on Your behalf. Please note that it will be the sole responsibility of the legal guardian to allow a minor to access the Services. In case the legal guardian finds the content or materials of Our website or Services to be inappropriate or offensive for a minor, then he may not agree to Our terms and conditions.
- You will visit the website of Spotmyteacher and open only one Account prior to using the Services. Please note that multiple accounts will be deleted and You will not be able to register in more than one Account. You will complete filling up the registration form fully, correctly, truthfully and to the best of Your knowledge.
- You will be solely responsible for the security and privacy of the Account and will ensure to keep the Account safe by not disclosing the Account password or any other security features of the Account to any other person. It is Your responsibility to inform Spotmyteacher in case you suspect any security breach in the Services or/and the Account, including but not limited to hacking, virus attack etc. You will maintain accurate Account information and keep updating it as and when required or is necessary.
- It will be Your sole responsibility to search for the Teachers from Our website or Services. You will have the following options available to search for Teachers:
(a) You can manually search by entering the name of the Teacher or the name of the subject which You want to learn in the search field available on the website or Services of Spotmyteacher.
(b) You will have the option to broadcast a query on Our website and that query will be transmitted to all the Teachers of the respective subject and the concerned Teachers who can teach and are willing to teach will voluntarily contact You through Our website or Services.
- You are free and at full liberty to choose and select any Teacher of Your choice as per Your requirements. Spotmyteacher will post on its website or Services the profile details of the Teachers. Such details of the Teachers will be fully visible to You for analysis and scrutiny. We advise You to carefully read the said profile in terms of qualifications of the Teacher, ratings and reviews, if any, and other details which has been shared by the Teacher on the Services. To clarify, We reiterate that Spotmyteacher will not be responsible for the inefficiency, lack of subject knowledge or inaccurate knowledge or for any other deficiency whatsoever which may be found in the Teacher after the Student has hired the said Teacher.
- Both the Teachers and the Students will have the option to rate or evaluate each other after the end of a video session/class. The ratings can be given on the basis of 5 (five) stars where one star would mean the “worst” and five stars would mean the “best”. However, SpotmyTeacher will have no control or command over the ratings given by the respective Teacher/Student. Such ratings, if given by any Teacher/Student, will be totally the Student’s or Teacher’s personal analysis.
- You will not, in any circumstances, impersonate or masquerade as another person or gain unauthorized access to another person’s Account. Also, You are strictly not allowed to share or transfer Your membership rights and privileges which You may get from having registered Your self in Spotmyteacher.
- You are not allowed to disclose personal information to any Teacher and You will not solicit personal information from any Teacher. In case You contravene the provision of this clause, then Your Account will be terminated permanently or You may be charged a fine/penalty before You may re-start using the Services.
- You will duly inform us in case any Teacher asks for Your personal contact details including, but not limited to, mobile number, landline phone number, pager number, Whatsapp number, email id, facebook/linkedin id or details of any other social networking id etc.
- Please be aware that all kinds of communications which You will have on the Services will be monitored and may be filtered and altered, if required.
- You have the option to “Block” a particular person from contacting You on the Services. In case You do not want a person to contact You, for whatever reason, You have the discretion to block that person using the “Block” option available on the website of Spotmyteacher.
12. You will not, under any circumstances, post or provide any improper, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services. You will not upload any such file or data of such a magnitude which disturbs or interferes with the working of Our website or the Services.
- You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Services or its operations.
- Your use of the Services is subject to SpotmyTeacher’s approval, which We may grant or deny as per Our sole discretion.
- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof.
- You will not use a robot or other automated means of any kind.
Provisions relating to Clear My Concept (CMC):
- CMC is a service based solely on text messages and the interaction between the Teacher and the Student who opt for CMC is conducted on the especially designed platform which is available on the Services.
- CMC is a service provided by Spotmyteacher wherein the concerned Student and the Teacher continue to interact with each other on a particular lesson for a fixed period of time (for example 10 days) which has been mutually decided through the Services. Student is free and is at liberty to ask to the Teacher, at any time of his choice throughout 24 (twenty-four) hours, any number of queries, questions, clarifications, doubts or any other kind of assistance relating to the lesson for which the Student has enrolled for CMC.
- Any questions or clarifications, as mentioned in the clause above, if raised by the Student must be answered by the Teacher, in no later than 12 (twelve) hours from the time at which the said query has been raised by the Student. . In case the Student asks a question or clarification in the last hour of the CMC session, then in that case the Teacher will get full 12 (twelve) hours to answer such a question or clarification of the Student.
- A fixed fee of US $1.95(US Dollar One and ninety-five cents) will be charged from the Student per day and this payment has to be made in advance by the Student to the bank account of Spotmyteacher. Student must ensure that he/she has uploaded a clear, visible and recent photograph on the website of Spotmyteacher before making the payment.
- Teachers will be penalized an amount of 0.50 cents (Fifty cents) in case he/she does not reply to the questions/clarifications of the Student within the 12 (twelve) hours as mentioned in the clause above.
- In case a Teacher is not able to take the class for all the days as mutually decided between the Teacher and the Student, then in that case the Teacher will be penalized for the number of days the Teacher has missed the class. In such a case, the Student will be refunded the amount for which the Teacher was not able to teach the Student.
- Spotmyteacher is not responsible in any manner, in case the Teacher is not able to provide an accurate answer or explanation or provides an incorrect or incomplete and vague explanation to the query which has been raised by the Student. It is the responsibility of the Student to properly read, analyze and assess the qualification, ratings and reviews of the Teacher before hiring. Please also note that in case the Teacher replies to the query of the Student with the message that “I do not know or I cannot reply” or with any such message whose meaning is the same as the italicized words mentioned in this clause, then this will be considered as a valid answer and will be chargeable.
- Please note that under CMC all interactions, including but not limited to the time when a particular query has been raised by the Student and the entire duration of the interaction between the Student and the Teacher will be monitored and will be under strict surveillance of Spotmyteacher. It will be the responsibility of the concerned Student to complain to Spotmyteacher in case the Teacher does not abide by any of the terms and conditions, including but not limited to, not replying to the queries within the stipulated time limit, which are mentioned under CMC. Such complaints may be made by the Student by clicking on the “Help” button provided on the website of Spotmyteacher.
- Also, We hereby inform You that the entire CMC video conversation may be downloaded or photographed or used in any other manner by the Student or any other person. The CMC video conversation may not be a private conversation between the Student and the Teacher.
- Please be informed that any dispute relating to CMC will not be entertained after the expiry of 3 (three) Days from the Day when the cause of action has arisen.
- Spotmyteacher will be responsible only for those payments and transfers of funds which have been carried out from the website of Spotmyteacher and Services. We are totally absolved of any other transactions, whether related to money, or any currency or any other medium of exchange which may take place outside the purview of Our website and Services.
- You will make the full payment to Spotmyteacher before beginning Your class session. You will not be able to begin Your class session until We receive the full payment.
- Spotmyteacher reserves the right to increase or add extra charges for the Services which it provides.
- You are free to cancel Your scheduled class with the Teacher without giving any reason for the same. Please note that in case You cancel the class before the expiry of 2 (two) hours at which the class was supposed to start, then You are entitled for full refund. After that, You will be penalized 20% (twenty percent) of the fee amount for the cancellation.
- In case the Teacher cancels the scheduled class or refuses to provide the services any longer or cancels the Agreement with Spotmyteacher or is removed by Spotmyteacher for any reason, then You are entitled to get the full refund.
- Please note that all refund mentioned in the clauses above will be made as per the date and time mentioned in the invoice.
Intellectual Property Policy:
- Any Intellectual Property used and displayed through Services or through any other means which belongs, or is being used in any manner or is owned by Spotmyteacher are protected as per the Intellectual Property Rights of the respective jurisdiction. All rights are reserved and You or any third party shall in no way alter, try to gain access to, modify, change, amend, vary, obscure or interfere with them without Our prior written approval. You may attract legal and other necessary actions from Spotmyteacher in case You violate the provision of this section.
- In case any content, including but not limited to the Submitted Content, submitted on the website of Spotmyteacher infringes the Intellectual Property Rights of the third party and the said infringement is reported by the third party to Spotmyteacher, then in such a case all such contents which is causing the infringement will be removed from the website or Services of Spotmyteacher. Such an infringement may be reported to Spotmyteacher by clicking the “Help” button provided on the website. On receiving such a report, Spotmyteacher will firstly, remove all such contents which is causing the infringement and secondly, We will inform the infringer through a notice about the infringement which the contents have caused.
- We make it clear that Spotmyteacher will not be a party to and will not be in any way associated to any kind of legal dispute between the original owner of the Intellectual Property Rights and the its infringer. We will not bear any cost or expenses of, including but not limited to any legal proceedings, arbitration, conciliation, mediation or any other dispute resolution mechanisms. All such disputes will have to be resolved by the original owner of the Intellectual Property Rights and the infringer.
- We reserve the rights to suspend or terminate the Agreement of the Students, if they repeatedly infringe the Intellectual Property Rights of any third party.
- Spotmyteacher is not responsible and cannot be held liable before any court of law for the infringement of Intellectual Property Rights committed by the Students.
- Spotmyteacher does not guarantee the availability of Teachers for a particular subject. There may be cases where no Teacher is available to teach a Student on a particular topic or subject.
- The fees, time and date of the class has to be mutually decided between the Teacher and the Student. Please note that Spotmyteacher has no role or function regarding the fees which is charged by the Teachers. We reiterate that Teachers are free and at full liberty to charge their own fees from the Students.
- You will interact with the Teacher ONLY by using Our video chatting services which is available on the website of Spotmyteacher. We may record, track and monitor the entire conversation between You and the Teacher for Our internal and quality improvement purposes. Also, We hereby inform You that the entire video conversation may be downloaded or photographed or used in any other manner by the Teacher or any other person. The video conversation may not be a private conversation between the Student and the Teacher.
- All video conversations between You and the Teacher including but not limited to the learning sessions shall be done ONLY by using the facilities and the video conversation platform provided by the Services. Please note that Spotmyteacher uses the services of a third party(s) which enables and helps in providing the requisite software and other essential equipments for video conversation between You and the Teacher. By accepting Our terms and conditions, You hereby agree unconditionally and fully that You will abide by the terms and conditions of such other third party(s). You may read the terms and conditions of such third party which is available using the following link. https://www.gruveo.com/
- We reiterate that You shall strictly NOT use any other platforms like skype, gmail or any other similar services which provides video conversation services in interacting in any manner whatsoever with the Teacher.
- Please be informed that all information, including any notes, study materials, Submitted Content, files, personal data, profile, photographs which You share with Spotmyteacher at any point of time while You are registered with Us on our Services will continue to remain with Us even after You terminate or suspend or do not access Our Services in any manner.
- We reserve the right to make changes, modify, alter, add or delete any features on Spotmyteacher and the Services and update or change or modify or delete the terms and conditions mentioned in this Agreement from time to time to reflect our business practices. Any such changes or modifications or alterations, if made, may be intimated to the respective Students by sending them an e-mail notice on the e-mail address which Students have provided in their respective Account, or by posting a notice through the Services. However, We do not guarantee that such changes/ modifications or alterations as mentioned above in this clause will mandatorily be communicated to the Student and We will not be liable in case we fail to communicate to the Student. Modifications will come into effect on the day and from the time at which the notice of the said modifications is posted on the Services.
- Your continued use of the Services after the modifications and alterations as mentioned in the clause above comes into effect, will imply that you agree to our altered or changed terms and conditions. You hereby agree to visit our website regularly to know about any such alteration or modifications. Any such revised terms and conditions or modification or alteration will supersede all previous terms, conditions etc.
- Spotmyteacher reserves the right to discontinue the Services without any prior notice to the Students or to any other person.
- Your use of the Services must not be in violation to any of the laws, rules, and regulations of your jurisdiction. You hereby agree not to use the Services and not to access our website from such territories or jurisdictions from where it is illegal to do so .
- Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Except as herein provided or authorized in writing by the other party, neither SpotmyTeacher nor any other party to this Agreement shall have, or hold itself out to any third party as having any authority or consent to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other.
- Except as herein provided or authorized in writing by the other party, neither SpotmyTeacher nor any other party to this Agreement shall have, or hold itself out to any third party as having any authority or consent to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other.
- The Services simply provide a platform where the Teachers and Students can interact with each other. SpotmyTeacher is not responsible or liable for any advice, instructions or information, including but not limited to the information contained in the Submitted Content, which the Teachers may give to the Students. We are not responsible or liable for any advice or suggestion relating to any kind of books, modules, courses, study materials which the Teachers may suggest to the Students or the parents, legal guardian, attendant, personal tutor or to any other person in charge of the Student and the Student or any person who is in charge of the Student is at full liberty not to abide by the instructions given by the Teachers.
- Spotmyteacher fully absolves itself of any disputes, claims, losses, injuries, or damages of any kind that might arise out of or relate to the conduct of the Teachers and Student or of any other person on behalf of the Teachers or Student.
- Spotmyteacher is not in any way responsible for the quality, competency and efficiency of any of the Teachers. Students agree and understand that Spotmyteacher is not legally liable for the fall or deterioration in Your grades or marks or any scale in which Your academic and learning aptitude is measured.
- We are in no way responsible for the veracity, reliability, accuracy or truthfulness of the contents of the Submitted Content and it should be used at the risk of the person using it.
- We are in no way legally responsible in case our Services stop functioning or malfunction or are interrupted in any manner whatsoever. Spotmyteacher also absolves itself of any legal liability in case the Services have been infected by any virus or spam or contains any vital error. You hereby agree and understand that You will be using the Services at your own risk and liability and We will not be held responsible for any kind of monetary or non-monetary losses which you may incur due to the use of the Services. It is hereby clarified that the safety and security of the Account will be solely Your responsibility. Spotmyteacher does not guarantee to its users that any of the errors or mistakes of any kind whatsoever contained in the Services will be rectified.
- Spotmyteacher takes no responsibility and absolves itself from any kind of legal liabilities which may occur due to the Teacher’s termination, suspension of their contract with Spotmyteacher or if the Teachers end their contract with Spotmyteacher in any manner whatsoever or Account of the Teacher becoming inactive for any reasons whatsoever.
- Spotmyteacher will have no legal duty or obligation to verify, authenticate, validate, substantiate, and corroborate any of the information submitted by the Students. In case any wrong or misleading information is submitted by the Student on the website or any other platform of Spotmyteacher, then Spotmyteacher reserves the right to initiate appropriate legal actions and proceedings against the concerned Student in the court of law.
- The Services may give You the access to Third Party Platforms. We make it clear that We do not endorse or support or control or in any way promote or advertise the contents of Third Party Platforms in any manner whatsoever. We are in no way, directly or indirectly, liable or responsible for any kind of information which you may receive through Third Party Platforms. It will be solely Your responsibility to be protected from such Third Party Platforms and be cautious and exercise due precautions to safeguard the privacy and secrecy of Your information or any content which you might share on the Services from such Third Party Platforms.
- The parties to this Agreement mutually agree that if there is any dispute or claim arising out of or relating to this contract or Agreement, or relating to the application, interpretation, implementation or validity of this Agreement it will be obligatory on the parties to first engage in a good faith negotiation to resolve the dispute.
- In case the dispute is not settled by negotiation within 30 (thirty) working days of the receipt of the written invitation to negotiate, it shall be referred to mediation at an Institution providing mediation services that is agreeable to all the parties. However, the parties will be free to extend the time period of the negotiation process if the parties feel the need to do so.
- The written invitation to negotiate will be deemed to be served on the concerned person if it has been emailed to the concerned person by Spotmyteacher in the case where We know the email id of the concerned person. In case We are not aware of the email id of the concerned person, We will dispatch the written invitation to negotiate by Registered Post to the address of that concerned person and such dispatch by Us would be deemed to be a service of the written invitation.
- In the event the parties are unable to resolve such dispute within 30 (thirty) working days of commencement of the mediation, which time limit is extendable by mutual agreement, then the parties agree that the dispute will be submitted for resolution to binding arbitration in accordance with the rules of Arbitration and Conciliation Act together with its amendments. The place of arbitration will be New Delhi and the language of arbitration shall be English.
- Please note that all negotiations, mediations mentioned above in this section will be held in New Delhi and the cost of the same, if any, will be borne equally by the parties concerned.
- Any dispute relating to or connected with the class, including but not limited to the professional conduct and behavior of the Teacher, must be raised at the earliest and in no event after the expiry of 3 (three) Days from the Day when the cause of action arises.
You agree that SpotmyTeacher shall not treat any information, details, particulars provided by You as being confidential. You are solely responsible and liable for any kind of information whatsoever that You submit to or on the Services. You agree that by submitting any information You hereby grant SpotmyTeacher and its successors a permanent, global, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, utilize, prepare derivative works of and display the information in connection with the Services. We will have full rights and permissions to promote and redistribute part or all of the information shared by You through media formats and through any media channels whether now known or hereafter may be developed, without any obligation to pay You or others for sharing such information.
Governing Laws and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws in force in India. You hereby irrevocably submit to the jurisdiction of all the courts, tribunals and any other legal forum in India which is capable and has the authority of resolving and deciding a dispute over any suit, action or other proceeding brought by any party which may arise out of or relating to this Agreement. Each of the parties hereby irrevocably agrees that all claims relating to any such suit, action or other proceeding shall be heard and determined in such courts.
If any provision of this Agreement is held to be illegal, invalid or unenforceable the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected in any manner.
Spotmyteacher reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, and without providing any prior notice to the Students, Your access to Services or Account in the following events:
- In case You breach or violate any of the terms and conditions of this Agreement or any of Our guidelines or instructions which may be posted on Services from time to time.
- We will terminate the Account of the Student or of the Teacher in case We receive 10 (ten) reports against any of them. From every such report received by Spotmyteacher, a warning will be sent to the concerned Student or Teacher.
Please note that in case We take action in accordance with this section, We shall not have any liability or legal responsibility to You to refund or pay You for any Submitted Course(s) which You may have purchased for providing your services or for expenses which You may have incurred for the use of Services associated with the Account. In order to avoid any doubt, You hereby understand and fully agree that You will not in any case be compensated nor will You be eligible for any refund under any circumstances for any such access lost to the Services, including without limitation to the Submitted Course(s) You may have purchased;
Also, in case You breach or violate any of the terms and conditions of this Agreement, appropriate legal actions may be initiated against You.
Any such termination will also terminate and bring to an end Your right to offer and provide your services through the Services.
In case the Students do not want to make use of the Services, they are free to delete their Account at any point of time by going to their profile and clicking on “Deactivate”.