These Terms of Service (“Terms”) constitute a legally binding agreement between you and Vivek’s Tutoring (“we,” “us,” or “our”), located in Pune, Maharashtra, India, regarding your use of our website and related services.
By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use our website or services.
Our services are intended for users who are at least 13 years of age. Users under 18 must have parental or guardian consent to use our services. Our website is not intended for children under 13 years of age.
Vivek’s Tutoring provides individual online tutoring primarily to students in high school and college.
Our Content:
All content on our website, including but not limited to text, graphics, logos, images, audio clips, software, and the compilation thereof (collectively, “Content”), is the property of Vivek’s Tutoring or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Your License:
We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes only.
Restrictions:
You may not:
Reproduce, distribute, modify, or create derivative works of our Content
Use our Content for commercial purposes without written permission
Remove or alter any copyright, trademark, or other proprietary notices
Use automated systems to access our website
You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:
Violate any applicable laws or regulations
Infringe upon the rights of others
Transmit harmful, offensive, or inappropriate content
Interfere with the operation of our website or services
Attempt to gain unauthorized access to our systems
Use our services to harass, abuse, or harm others
Scheduling Platform:
Appointments are scheduled through Calendly, a third-party service. By using our scheduling system, you agree to comply with Calendly’s terms of service and privacy policy.
Appointment Policies:
Appointments must be scheduled at least 12 hours in advance
Cancellations must be made at least 1 hour before the scheduled time
No-shows are not eligible for partial or total refunds.
Payment Processing:
All payments are processed through PayPal via secure links sent to your email. We do not collect or store payment information on our website.
Payment Obligations:
Payment is due before or at the time of service delivery
All fees are in USD as specified
You are responsible for any transaction fees imposed by PayPal
Refunds are subject to our separate refund policy
Liability Cap:
To the maximum extent permitted by law, our total liability for any claims arising from or relating to these Terms or our services shall not exceed the amount you paid for services in the 12 months preceding the claim.
Excluded Damages:
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Loss of profits or revenue
Loss of data or information
Business interruption
Loss of opportunities
Exceptions:
Nothing in these Terms shall limit our liability for:
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Violations of applicable consumer protection laws
Any liability that cannot be excluded by law
You agree to indemnify, defend, and hold harmless Vivek’s Tutoring, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:
Your use of our services
Your violation of these Terms
Your violation of any rights of another party
Your violation of applicable laws or regulations
Service Availability:
Our website and services are provided “as is” and “as available” without warranties of any kind, either express or implied.
Educational Results:
We do not guarantee specific academic outcomes or improvements. Educational success depends on various factors including student effort, preparation, and individual circumstances.
Third-Party Services:
We disclaim responsibility for the availability, functionality, or content of third-party services including Hostinger, Zoom, Calendly, and PayPal.
Your privacy is important to us. Please review our Privacy Policy, which governs the collection, use, and disclosure of your personal information.
Termination by Us:
We may terminate or suspend your access to our services at any time, with or without notice, for any reason including:
Violation of these Terms
Fraudulent or inappropriate behavior
Non-payment of fees
Legal or regulatory requirements
Termination by You:
You may terminate your use of our services at any time by discontinuing use of our website and services.
Effect of Termination:
Upon termination, your right to use our services ceases immediately. Provisions that by their nature should survive termination shall survive.
We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, government actions, or technical failures.
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Pune, Maharashtra, India.
International Users:
If you are accessing our services from outside India, you acknowledge that you are doing so at your own initiative and are responsible for compliance with local laws.
Informal Resolution:
Before initiating any legal proceedings, you agree to first contact us to attempt to resolve any disputes informally.
Arbitration (Optional):
For international disputes, parties may agree to resolve disputes through arbitration in accordance with the rules of the Singapore International Arbitration Centre (SIAC).
We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated effective date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our services.
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.
For questions regarding these Terms of Service, contact us here.
22. Compliance with Local Laws
Users are responsible for ensuring their use of our services complies with all applicable local laws and regulations in their jurisdiction.