Terms and Conditions of Access or Use
We welcome you to the official website of LearnWithTutors (“LearnWithTutors”). This website is owned and operated by LearnWithTutors and the Terms of Use ("Terms") govern your use of this website, located at www.learnwithtutors.in, any mobile applications and services ("Site"). Please read these Terms carefully before using or continuing to use this Site. By using or continuing to use the Site, you represent and warrant that you have read, understood and are bound by the terms and you agree to, and accept all terms and conditions contained in these Terms. For any clarifications, you can mail us at support@learnwithtutors.in.
The Site offers a platform for the Students/Parents seeking tutoring services and to Tutors seeking to provide tutoring services, and to any other entity on whose behalf users accept these Terms. The term "you" or " You" or " User" or " Users" shall refer to Students and/or Parents and/or Tutors who access this Site, Tutors or any person or entity, who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between LearnWithTutors and they govern the relationship between you and us. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website. 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. If you do not agree to be bound by these Terms and Privacy Policy, do not use the Site.
The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of LearnWithTutors and the prevailing market conditions. We request you to read and understand them as often as possible as it may not be possible for us to intimate you on every change that occurs in these terms & conditions.
Special care has been taken in the preparation of the content of this Website. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website, to the extent permitted by applicable law. LearnWithTutors shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
- "Courses" or "Classes" means educational subject courses/classes listed by Tutors on the Site or Applications.
- "Fees" means the amounts that are due and payable by a Student for enrollment of Course. The Tutor alone, and not LearnWithTutors, is responsible for the fees for his or her Listing. The Tutor may in his or her sole discretion decide to include in these amounts (i) any other fee permitted on the LearnWithTutors platform, or (ii) Taxes that the Tutors determines that he or she has to collect.
- "Collective Content" means Member Content and LearnWithTutors Content.
- "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- "Listing" means Course that is listed by a Tutor as available via the Site, Application, and Services.
- "Member" means a person who completes LearnWithTutors’s account registration process, including but not limited to Tutors and Students, as described under "Account Registration" in clause 7 below.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or LearnWithTutors promotional campaign to be made available through the Site, Application or Services.
- "Payment Method" means any payment method that you may use from your LearnWithTutors Account, such as a credit card, debit card or net banking.
- "Service Fees" means the fee that LearnWithTutors charges a Student for the use of the Services, which is calculated as a percentage of the applicable Course Fees.
- "Student" means a Member who enrolls for Courses on Application or Site, in case of minor student the parent or guardian who enrolls their child or ward for the Courses on Application or Site.
- "Tax" or "Taxes" mean any kind of tax, that Tutors or LearnWithTutors may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- "Tutor" means a Member who creates a Listing of Courses via the Site, Application and Services.
- "LearnWithTutors Content" means all Content that LearnWithTutors makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student/Tutor Content.
The Site, Application and Services offer an online platform with related technology for those seeking tutoring services to connect with those seeking to provide tutoring services, and enroll for courses by selecting a tutor on the website. The Tutors hired by the Students control the methods, materials and all aspects of the Courses independently and LearnWithTutors has no interference on the same. LearnWithTutors is not a provider of Services, including, but not limited to, conducting of Courses, live demo, doubt clearing sessions and LearnWithTutors does not own, sell, resell, manage and/or control Courses or Services by the Tutors. Unless explicitly specified otherwise in the LearnWithTutors platform, LearnWithTutors's responsibilities are limited to facilitating the availability of the Site, Application and Services. You may view some of the top listings as an unregistered visitor to the Site, Application and Services; however, if you wish to sign up for a demo Course or wish to select a package of Courses with a tutor of LearnWithTutors or create listings as a tutor, you must first register and create a LearnWithTutors Account.
While the site provides a matching logic to determine the best matched tutor on the basis of inputs received from the students, the students are responsible for selecting the right tutor for their needs. While hiring, Students should review and examine each tutor's self-reported credentials, education, and experience, as well as other information available. In case a student is minor or differently abled, the tutoring sessions should be supervised by a responsible adult preferably a family member/parent/guardian of such student. Students below 15 years should mandatorily provide the name and number of the guardian by sending an email to support@learnwithtutors.in.
The site is controlled and operated in Mumbai Region. For OFFLINE and ONLINE Courses, LearnWithTutors is currently active only in Mumbai region which includes - Mumbai, Navi Mumbai, and Thane.
The website can be used only by persons competent to contract within the meaning of Indian Contract Act, 1872. A person should be 18 years of age or older to take tutoring services (free trials) or perform any other transactions at LearnWithTutors. If you are a minor, i.e. under the age of 18 you can use the website or perform any transaction only through your parent or legal guardian. Students below 15 years should mandatorily provide the name and number of the guardian. LearnWithTutors will not be responsible for any consequence that arises as a result of misuse of any kind of the Website, that may occur by virtue of any person including a minor using the services provided through the Website. We reserve the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
6 Account and Registration Obligations
In order to access certain features of the Site and Application, and to enroll for Courses or create a Listing, you must register to create an account ("LearnWithTutors Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You will need to register on the site and obtain an account, to use the website. You are solely responsible for maintaining the confidentiality of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s). You agree that the information provided by you in your Resume/Profile will be true, accurate, latest and complete (such information being "Your Data") and you will maintain and promptly update your Data to keep it true, accurate, current and complete, as and when required.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified LearnWithTutors for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
By signing up with www.learnwithtutors.in, user agrees to receive promotional emails, text messages and other materials from www.learnwithtutors.in and its affiliates.
As a Tutor, you may create Listings. To create a Listing, you will be asked a variety of questions about yourself, including, but not limited to, the subject, mode of conduct, value skills and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Tutors and Students preferences, value additions, etc.
Other Members will be able to view your Listings via the Site, Application and Services based upon the information provided in your Listing, your Students requirements, and Students' search parameters and preferences. You understand and agree that once a Student requests enrollment for your Course, you may not request the Student to pay a higher price than that mentioned in the Site or Application.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the enrollment of Student for a Course in a Listing you post (i) will not breach any agreements you may have entered into with any third parties or any intellectual property rights of any third party, and (ii) will (a) be in compliance with all applicable laws, including Intellectual Property laws, and rules and regulations that may apply to any Course included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that LearnWithTutors assumes no responsibility for a Tutor's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. LearnWithTutors reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that LearnWithTutors, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or LearnWithTutors's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
As a Tutor, you understand and agree that LearnWithTutors does not act as your contracting agent. If a Student requests an enrollment for your Course and attends at your lectures including (e-lectures), seminars, webinars, sessions, Courses, any agreement you enter into with such Student is between you and the Student and LearnWithTutors is not a party to it.
As a Tutor, you understand and agree that your relationship with LearnWithTutors is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LearnWithTutors for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of LearnWithTutors. LearnWithTutors does not control your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of LearnWithTutors, including by inappropriately using any LearnWithTutors intellectual property.
If you are a Tutor, you agree that LearnWithTutors gives you the right to approve or reject an enrollment request by a student. You acknowledge and agree that, as a Tutor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who conduct the Course on your behalf, excluding the Students.
8 Conditions for becoming a Tutor:
To enroll as a tutor at LearnWithTutors, a person is required to have a minimum qualification of a Bachelor's or higher or equivalent degree in the subject matter in which he desires to provide tuition, from an institute /university recognized by law. The tutor is expected to have a thorough knowledge of the subject he plans to teach. Any (prospective) tutor can read the terms and understand the working of our website, fill in the form and create their Account. Tutors whose profiles are updated may offer tutor services through our Site subject to Terms and Conditions.
The Tutors and prospective tutors will be required to certify that all information they provide in their Profile is true and correct to the best of their knowledge. At any time we can remove a tutor, at our sole discretion, for any reason or for no reason at all.
Enough care should be taken in case of all tutors, male or female, before taking up an assignment to avoid any kind of embarrassing scenarios. LearnWithTutors cannot be held responsible for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature to or by the tutor, if any. A registered tutor's performance as a quality tutor will be the sole criteria for their future association with us. In case of any complaints regarding sexual harassment, LearnWithTutors shall reserve the right to deactivate and remove a tutor, at their sole discretion.
We do not guarantee any minimum number of tutor sessions and we would not be liable to offer any compensation or damages of any nature to Tutor if LearnWithTutors deactivates a Tutor account or if a Student discontinues /chooses to not extended tutor sessions for any reason whatsoever beyond the first 1 sessions (being a demo class, a proper tuition session or an interview session, within 5 days of booking confirmation – Demo Period).
Each tutor decides whether he/she offers a Free demo Course, 1 free full tuition session or an Interview session with parents and student within the first 5 days of booking. Depending on your preference you can choose to take your session ONLINE or OFFLINE. In either case the Tutor must coordinate with the student for a mutually agreed time to conduct this 1 free session.
Students can view a tutor’s picture or video in his/her profile.
LearnWithTutors does not endorse any Member, Listing or Courses. You understand that Listings and LearnWithTutors Contents in relation to Courses are intended only to indicate a representation of the Course at the time the Listing was done. LearnWithTutors Contents are therefore not an endorsement by LearnWithTutors of any Member, Listing or Course.
Members are required to provide accurate information. Although LearnWithTutors may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "featured" or "connected" (or similar language) only indicate that the Member has completed their profile and has agreed to a disclaimer stating all information submitted by them is true to the best of their knowledge, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by LearnWithTutors about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from LearnWithTutors with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any enrollment or Listings made by you. This limitation shall not apply to any claim by a Tutor against LearnWithTutors regarding the remittance of payments received from a Student by LearnWithTutors on behalf of a Tutor, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
10 Enrollment, Payment Terms and Obligations:
- For Tutors:
Enrollment:
If you are a Tutor and an enrollment is requested for your Course via the Site, Application or Services, you will be required to either approve or reject the enrollment request within a period of 5 days from the date of request for enrollment (‘Enrollment Request Period’), otherwise the enrollment request will automatically expire. When an enrollment is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Student who has requested the enrollment, and (ii) a link to the Student's LearnWithTutors Account profile page. You can only reject a request if there is a clash of timeslots between Courses previously booked by you and the request in question. If you are unable to confirm or decide to reject an enrollment request within the Enrollment Request Period, any amounts collected by LearnWithTutors for the requested enrollment will be refunded to the concerned Student. When you confirm an enrollment requested by a Student, LearnWithTutors will send you an email, text message or message via Whatsapp and the Application confirming such enrollment, depending on the selections you make via the Site, Application and Services.
Payment:
LearnWithTutors will collect the Course Fees from Students at the time of the enrollment request. The Course Fees collected from the Student by LearnWithTutors will be held in trust by LearnWithTutors till the time the Course Fees or any part thereof becomes payable to Tutor.
LearnWithTutors will transfer the Course Fees or part thereof after completion of the 5 day enrollment period if the student decides to continue.
Tutor agrees that LearnWithTutors may, in accordance with the cancellation policy, (i) permit the Student to cancel the enrollment and (ii) refund (via LearnWithTutors) to the Student that portion of the Course Fees subject to the cancellation policy.
The Tutor agrees that LearnWithTutors is a limited payment collection agent solely for the purpose of accepting the Course Fees from Students. The payment made by a student through LearnWithTutors, shall be considered as being held in trust by LearnWithTutors on behalf of the Tutor till it becomes due to the Tutor and the Tutor will provide the services to the Students in the agreed-upon manner
You agree that LearnWithTutors through its Site or Application would raise an invoice to the Student only on your behalf in relation to the Course for which the Student has enrolled. By doing so LearnWithTutors is not acting as an employee, agent, joint venturer or partner of the Tutor. LearnWithTutors will raise invoice on behalf of the Tutor to Student for the Course Fees which shall be inclusive of all applicable Taxes and fees if any. The Tutor will be responsible to pay to the Government all Taxes as applicable on Course Fees collected by the Tutor and LearnWithTutors shall not be responsible for any liability in relation thereto.
Obligation:
By joining LearnWithTutors tutor agrees to the following regarding any student/parent tutor meets through LearnWithTutors:
- Under no circumstances may a tutor ask for or accept payment directly from any student/parent whom tutor meets through or via LearnWithTutors system. Payment must always be made directly to learnwithtutors.in only. Tutor must inform student that payments must be made through LearnWithTutors only, including payments for renewal of Courses with the same tutor or fresh bookings with other tutors.
- If any student suggests or solicits tutor to do work (including tutoring, assignment help or any other kind of work) for student external to the LearnWithTutors system, tutor agrees to immediately report this event to LearnWithTutors by phone AND in writing.
- Tutor will not attempt external solicitation of work (including tutoring, assignment help or any other kind of work) from any student whom tutor meets through or via LearnWithTutors system.
- For all commitments/representations of Tutor to Student other than those which are mentioned on website, Tutor alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.
- Tutor is expected to conduct himself in a Tutor / coach like manner which is generally prevalent and acceptable in a Tutor and student like relationship.
- Violation of Tutor Conduct Code - Without limitation to other remedies available to LearnWithTutors, a tutor found to be in violation of above code of conduct agrees to pay LearnWithTutors for all consequential losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.
- For Online Tuitions only (Not applicable for home tuitions): Tutor will not in any way solicit any personal information from any student(such as birth date, email address, phone number, home address, messenger ID, or any other type of contact information). If for any reason tutor needs to obtain such information from student then tutor will first contact LearnWithTutors staff in writing explaining the need.
- For Online Tuitions only (Not applicable for home tuitions): If any student ever discloses personal information to tutor (such as birth date, email address, phone number, home address, messenger ID, or any other type of contact information), or asks tutor for any such personal information, tutor agrees to immediately report this event to LearnWithTutors by phone AND in writing.
(ii) For Students:
Enrollment:
The Tutors are solely responsible for honouring any confirmed enrollment and conducting the Courses enrolled for through the Site, Application and Services. If you, as a Student, choose to enter into a transaction for enrollment of Course, you agree and understand that you will be required to enter into an agreement with the Tutor and you agree to accept any terms, conditions, rules and restrictions associated with such Course imposed by the Tutor. You acknowledge and agree that you, and not LearnWithTutors, will be responsible for performing the obligations of any such agreements, that LearnWithTutors is not a party to such agreements, and that, with the exception of LearnWithTutors’s obligations pursuant to the Payments Terms, LearnWithTutors (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
Payment:
The Course Fees payable will be displayed to the Student after the Student sends an enrollment request to a Tutor and after the Tutor has accepted the request from his/her end. If a requested enrollment is cancelled (i.e. not confirmed by the applicable Tutor), the student will not be liable to pay any amount for that specific selection and will be directed by LearnWithTutors to proceed to make another request with another tutor on LearnWithTutors. After the ‘Demo Period’ of 5 days the Course fees applicable will be transferred from LearnWithTutors to the tutor as per the ‘Cancellation and Refund Policy’.
You as a Student agree to pay the Course Fees for any enrollment requested, in connection with your LearnWithTutors Account. LearnWithTutors will collect the Course Fees pursuant to the Payments Terms.
Once the enrollment request is accepted, the student will receive a confirmation email summarizing the course plan and the applicable Course Fees payable and the payment link to proceed to payment. The student must complete the payment to finalise the booking with the Tutor.
You as a Student agree that in accepting payments for the Tutor, LearnWithTutors acts as payment aggregator and service provider to the Tutor – not as a service provider to the Student. In the event Student decide to send a payment to an account owned and/or operated by LearnWithTutors or an Affiliate for transmission to the Tutor, Student irrevocably agree that LearnWithTutors may accept and act upon the instructions of the Tutor with respect to such payment.
Students'/ Tutor’s Fee Payment Mechanism - The students are required to make payment only through LearnWithTutors Payment system.
Different modes of payment that can be used to pay to LearnWithTutors:
- Pay using Net banking
- Pay using Credit or Debit Card
- Pay using UPI
Cancellation and Refund Policy:
Upon registration, and after making the payment, the Course booking between the Tutor and the Student is considered confirmed and the Terms and Conditions are binding.
- The tutor and the student will have 5 days known as ‘Demo Period’ to engage in a single session from either of the following options:
- A Demo session
- 1 full tuition session of 1 class duration
- An interview session with the student including the parents
In the 5 day Demo Period if the student and tutor agree to go ahead with the booking, the booking will be considered closed and the applicable Course Fees will be transferred to the Tutor after the Demo Period has ended. LearnWithTutors will not provide any refunds after this point.
- Within the 5 day Demo period if the tutor or student decide to cancel the booking due to a mismatch or some other reason which is not in violation of the ‘Terms of Use’ and this agreement, the student will be directed to the next best tutor match through the LearnWithTutors system and the same ‘Demo Period’ will apply. If the student is unhappy with any of the tutors after being matched with them through the LearnWithTutors system, the student will be entitled to 100% refund of the fees paid at the end of the respective 5 day demo period.
- If the student and tutor decide at a later date after the 5 day Demo period, or in the middle of the course duration, that they wish to discontinue, LearnWithTutors will not be liable to pay either party any refund in part or full and any refund settlement discussion will be the sole matter and responsibility of the tutor and student to decide among themselves without any intervention by LearnWithTutors.
11 Service Fees payable by Student:
In consideration for the use of LearnWithTutors's online marketplace and platform, LearnWithTutors charges an additional Service Fees over the applicable Course Fees. LearnWithTutors collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes in respect of the Service Fees.
The Service Fees which shall be chargeable to the Student @ 13% plus any taxes as may be applicable as per Government rules, on every payment for Course arranged between the student and the tutor.
Once, the Service Fees becomes due to LearnWithTutors, it shall neither be cancelled nor be refundable to the Student.
If you owe or agree to pay any amount to LearnWithTutors (whether as a result of enrolment of your Course or otherwise), then LearnWithTutors may withhold the amount you owe to LearnWithTutors from any payout amounts due to you as a Student or Tutor, and use the withheld amount to set off the amount owed by you to LearnWithTutors.
The user hereby agrees that the user shall neither by itself nor be part of any kind of abuse or misuse of the Website in any manner whatsoever.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that is inaccurate, commercial advertisement, harmful, obscene, pornographic, defamatory, violating or infringing anyone's intellectual property rights, offensive, harassing, or otherwise objectionable to LearnWithTutors or other users of the website. You also agree not to upload any files and programs containing software viruses or any other computer code or that can interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. LearnWithTutors reserves the right to edit or remove Content that violates these Terms or for any other reason it deems necessary.
You agree and confirm that you will use the Site and any affiliate sites/links in a manner that is lawful, relevant and proper to the applicable forum and shall comply with all applicable laws and regulations. You shall access the services available on this website at your own risk and shall use your best and prudent judgement before entering into any transaction. You would also be liable and responsible to keep LearnWithTutors harmless and indemnified if any loss or damages is threatened, suffered or incurred by LearnWithTutors due to your inappropriate and/or offensive conduct.
Conduct that is inappropriate and/or offensive includes without limitation the following:
- Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Not to use the site, the Services or the Company Content to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.
- Not to use LearnWithTutors's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, materials or content;
- Take any action that would undermine any aspect of the Site;
- Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
- Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
- Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you understand and agree that LearnWithTutors may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that LearnWithTutors 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 LearnWithTutors to verify the above representations and warranties by you and you acknowledge and agree that LearnWithTutors 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 LearnWithTutors 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 Verification Services availed by us do not absolve User of this Site from its liability to provide correct and complete information about themselves.
The preceding paragraph notwithstanding, you understand and agree that LearnWithTutors may or may not conduct background checks of any User. You also understand and agree LearnWithTutors does not conduct background checks of any User. You also understand and agree LearnWithTutors neither confirms nor denies the validity of information provided by Users and that LearnWithTutors 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 AND MAKE YOUR INFORMED DECISION TO TRANSACT THROUGH THIS SITE.
LearnWithTutors expressly disclaims, and you expressly release LearnWithTutors 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.
LearnWithTutors reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to LearnWithTutors in its sole discretion. Alleged improprieties by any User may be reported to LearnWithTutors by email at support@learnwithtutors.in.
For all commitments /representations of Tutor to Student or vice-versa other than those which are mentioned in Site, respective party making such commitments /representations alone would be liable and responsible towards each other LearnWithTutors would be in no way would be liable and responsible towards such commitments /representations including losses /damages arising therefrom. Tutor /Student/Parents as the case be, shall keep LearnWithTutors indemnified and harmless against all losses or damages if any, incurred or suffered by LearnWithTutors due to such commitments /representations
13 Violation of Students Conduct Code:
Violation of Students Conduct Code - Without limitation to other remedies available to LearnWithTutors, a Student found to be in violation of above code of conduct agrees to pay LearnWithTutors for all losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.
While we hope that you will be completely satisfied with our Service, and we are proud that almost all students are happy with our services, we know that occasionally one may have an unsatisfactory experience. This is normal for a service that offers hundreds of expert tutors, each with his/her own personal style and expertise. If you find yourself in a session with a tutor you do not like working with, within the first 5 days itself, we recommend that you immediately and politely end the session and ask for a different tutor who may be better able to help you, in accordance with the Cancellation Policy.
If the Tutor or anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to LearnWithTutors by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
LearnWithTutors 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 LearnWithTutors shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate or incomplete.
You hereby consent to LearnWithTutors collecting, using and disclosing the information in the consumer reports. You understand and agree that LearnWithTutors 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 LearnWithTutors 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. LearnWithTutors reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in LearnWithTutors's sole discretion.
LearnWithTutors reserves the right to carry out both regular and random discreet background / reference checks, as part of its routine operating procedure, without giving any justification to the tutor or anybody else
16 Confidentiality of LearnWithTutors Information:
You may obtain direct access via the Site to certain confidential information of LearnWithTutors 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 LearnWithTutors 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 LearnWithTutors, 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 LearnWithTutors adequate to afford LearnWithTutors the opportunity to object to the disclosure.
17 Terms Of Transacting Business:
You understand and agree to abide by LearnWithTutors's tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through LearnWithTutors. These costs include but are not limited to: (a) a tutor's fees as listed, and (b) travel and transportation fees.
18 Modifications To The Services:
LearnWithTutors may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
LearnWithTutors reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms and Conditions" located at the bottom of the home page of the LearnWithTutors Web site and will supersede all previous versions. Any such modifications will become effective immediately upon posting to the site and your continued use of the site, Services and/or Software constitutes your agreement to be bound by such changes. The terms may be modified as required, and at the company's sole and absolute discretion.
19 Advertisements And Promotions:
LearnWithTutors 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 LearnWithTutors 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. LearnWithTutors 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-LearnWithTutors advertisers on the Site.
20 Content Provided Via Links:
You may find links to other websites or resources on the Site. You acknowledge and agree that LearnWithTutors is not responsible for the availability and authenticity of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. LearnWithTutors will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21 Intellectual Property Rights:
"LearnWithTutors Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations LearnWithTutors uses in connection with its products and services. The trademarks, service marks, and logos used and displayed on the site or in any Company Content are registered and/or unregistered Trademarks of us and others and are protected, without limitation, pursuant to Indian trademark laws. You may not remove or alter any LearnWithTutors Trademarks, or co-brand your own products or material with LearnWithTutors Trademarks, without LearnWithTutors's prior written consent.
Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
LearnWithTutors 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 LearnWithTutors, 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. LearnWithTutors 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 LearnWithTutors. You may like or follow LearnWithTutors 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 LearnWithTutors 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 LearnWithTutors discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
22 Termination And Suspension:
Term:
This Agreement shall be effective till the time Members access or use the site, application or services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or LearnWithTutors terminate the Agreement as described below.
Termination by Student/ Tutor:
You may terminate this Agreement at any time by sending us an email. You can cancel and delete your account only after receiving confirmation from LearnWithTutors. This is to ensure that no pendencies exist and all dues have been cleared. If you cancel your LearnWithTutors Account as a Tutor, any confirmed enrolments will be automatically cancelled. If you cancel your LearnWithTutors Account as a Student, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, LearnWithTutors may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for breach, suspension and other measures:
- LearnWithTutors may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the LearnWithTutors Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) LearnWithTutors believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, LearnWithTutors or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- In addition LearnWithTutors may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your LearnWithTutors Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your LearnWithTutors Account, or temporarily or permanently suspend your LearnWithTutors Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Tutors or Students, or (ii) LearnWithTutors believes in good faith that such action is reasonably necessary to protect the safety or property of Members, LearnWithTutors or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- In case of non-material breaches and where appropriate, you will be given notice of any measure by LearnWithTutors and an opportunity to resolve the issue to LearnWithTutors's reasonable satisfaction.
- Any misbehavior with LearnWithTutors officials/members, students which could hamper LearnWithTutors's reputation will not be acceptable and will be a sufficient cause to terminate the account.
You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
Consequences of Termination:
If we take any of the measures described above we may (i) communicate to your Students or Tutors that a pending or confirmed enrolment has been cancelled, (ii) refund your Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support your Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. If you terminate your account, you will have to undergo the entire process of registration again to re-register unless any extraordinary situation occurs. In no other situation, you are entitled to restore your account. If your access to or use of the Site, Application and Services has been limited or your LearnWithTutors Account has been suspended or this Agreement has been terminated by us, you may not go through the process of re-registration of a new LearnWithTutors Account.
If you or we terminate this Agreement, the clauses of these terms that reasonably should survive after termination of the Agreement will remain in effect.
Use of the site is at your sole risk unless otherwise explicitly stated. The company content, the site, the services and each portion thereof are provided on an "as is", "as available", and "with all faults" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the company content, 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 respecting, the company content, the site, the services, each portion thereof or any third party sites.
LearnWithTutors 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 will meet your expectations or requirements; or (d) any errors in the site will be corrected.
Any opinions, advice, statements, services or other information that is provided to you by a tutor is only that of the tutor and not of LearnWithTutors, or its shareholders, directors, officers, or employees. Under no circumstances shall LearnWithTutors or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained from a tutor. It is your responsibility to evaluate any information, opinion, statements, services or advice provided by the tutor.
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 resulting from computer viruses or profit arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages. If your use of the site, the company content, the services or any portion thereof results in the need for servicing, repair or correction of equipment or data, you agree to get the same repaired/ rectified at your own cost and without any liability on us. We, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services, our affiliate sites and social sites or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or tutors) liable for any instruction, advice or services delivered which originated through the site, through any verification service or in connection with the company content, the services or any portion thereof.
The site offers a platform for those seeking tutoring services to find and connect with those seeking to provide tutoring services. You understand and agree that LearnWithTutors has no control over the acts or omissions of any user and that LearnWithTutors makes no representations or warranties about the quality of the services provided by any user. You understand and agree that LearnWithTutors is not responsible for the performance or conduct, whether online or offline, of any user of the site. As such, LearnWithTutors 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.
Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to services being offered herein, you should consult an appropriate professional.
If and when Users of the site transact between themselves, LearnWithTutors will not be involved in any user interactions. LearnWithTutors is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction. As such, LearnWithTutors expressly disclaims, and each user expressly releases LearnWithTutors 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, LearnWithTutors 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 LearnWithTutors 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. In no event shall LearnWithTutors'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 LearnWithTutors or a LearnWithTutors partner, if any, or (b) Rs. 100/= Rs. One Hundred only (whichever is less).
You and LearnWithTutors 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 LearnWithTutors agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.
Users (Tutors/Students/Parents) are expected to provide their true and complete credentials/information to LearnWithTutors for availing /rendering services through this Site, however LearnWithTutors does not make any representation /warranty with regard to correctness /completeness of such credentials/information offered to it and as such specifically disclaims all liabilities (whether civil or criminal) arising of incomplete or incorrect credentials/information, if any, furnished to it by Users.
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 13/14.
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 LearnWithTutors's Tutor and Student Safety Tips, when interacting with other users.
You agree to indemnify, defend, and hold harmless LearnWithTutors 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 attorney's fees and court costs, incurred by LearnWithTutors 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 LearnWithTutors in the defense of such claims. LearnWithTutors reserves the right, at its own expense, to assume the exclusive defense 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 LearnWithTutors without the written consent of LearnWithTutors.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the "The Arbitration and Conciliation Act, 1996" and before a single arbitrator chosen by CEO and Founder Member of LearnWithTutors. 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 Mumbai and arbitration award shall be final and binding on the parties. Each party shall assume its own costs of arbitration.
All the transactions conducted through this Site shall be subject to exclusive jurisdiction of court at Mumbai alone.
LearnWithTutors is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond our reasonable control.
You agree that any material breach of the Terms will result in irreparable harm to LearnWithTutors for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, LearnWithTutors 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 LearnWithTutors seeks such an injunction.
LearnWithTutors is not liable to provide any notices or other communications, including those regarding modifications to these Terms. It is the sole duty of the Users to update and familiarize themselves with any and all documents and features associated with their usage of the site, affiliates, and services thereof, and any changes done to the same as expressed in the sections above.
LearnWithTutors however, reserves the right to share notices with its users, and upon such incidence, it will share such notices or communication in writing and via email, regular mail, or posting notices or links to notices on the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
LearnWithTutors will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
This Agreement shall be governed by and construed in accordance with the prevailing Indian Laws and the courts in Mumbai will have sole jurisdiction over any issue arising out of this Contract.
These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
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 LearnWithTutors or third-party products or services.
The failure of LearnWithTutors to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LearnWithTutors. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact Us" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of LearnWithTutors and you hereby irrevocably assign to LearnWithTutors all of your rights, titles, and interests in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At LearnWithTutors's request and expense, you will execute documents and take such further acts as LearnWithTutors may reasonably request to assist LearnWithTutors to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.