General

Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of our Services, whether or not you register as a “Student Member” or “Tutor Member” (each may be referred to as a “Member”). This Agreement includes our Privacy Policy, Student and Tutor Policies, any further terms of use for our Services, which are all incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting within our Services. Certain parts of our Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of or within our Services, the latter terms and conditions will take precedence with respect to your use of or access to that specific Service, but this Agreement shall still apply to our legal relationship.

Eligibility

Membership in or use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Use of our Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you shall not register as a User of our Services and shall not transact on or use the Services. If you are below age of 18, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”) and on our Android Application or our Forum and other Services; (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to Fundoo Tutor, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. . Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

How the Service Works

We are an online marketplace ( Also facilitate offline Interaction or sessions or classes through our website and Mobile Application) for Students and a network of independent contractor Providers /Tutors. We do not endorse, hire or employ the Tutor Members nor are we responsible or liable for any interactions involved between Tutor Members and their respective Student Members or between Members. Our Services are separate and distinct from the services of Tutor Members.

For Tutor Members, we offer various hosted products to support instruction including marketing, scheduling, billing and communication tools. Tutor Members can also apply to use our Services where prospective Student can review their profile, communicate with Tutor Members and book for lessons/sessions.

For Student Members, we provide a marketplace to find a network of independent contractor Tutor Members and schedule lessons and other services ancillary thereto. Users may be able to review Listings as an unregistered user of our Services; however, if you wish to book a lesson as a Student, to create a Listing as a Provider, to use hosted tools or use certain Services, you must first become a registered Member. See the “How It Works” section of the Website for more information.

From time to time, we may provide new or temporary Services, such as on demand tutoring, group lessons or classes and other products, materials and services that may or may not be limited to Members. We reserve the right to restrict any Services only to Members and discontinue any product or Services at will. If a particular Provider, product or Service is discontinued or unavailable, we reserve the right to provide substitute Provider, product or Service.

Membership

Currently You may use all of our Services at no direct cost. However, in Future (without any notice whatsoever) we may charge fees/commission in order to access some of our features and Services, including the ability to book or manage sessions. To become a Member, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A Member may not have more than one active Fundoo Tutor Account. We reserve the right to suspend or terminate your Fundoo Tutor Account and your access to our Services for any reason.

• Student Membership.As A student you must be aware that all the sessions you are conducting through Zoom/Skype/Or any other online audio/video app with tutor you got through Fundoo Tutor will be recorded and will be used later on by Fundoo Tutor team for training and marketing Purposes. Fundoo Tutor team will use those sessions on all the social medias like Youtube, Google, Facebook, Instagram etc through the social media pages/groups and profiles plus also these sessions will be used in paid ads to get more business.
• Tutor MembershipAs a Provider Member, you will have access to tools that enable you to manage marketing, scheduling, communication and other tools provided by us Any Provider Member who accepts a booking through our Services must honour all terms and conditions with regard to price, availability, location etc , this Agreement and any our additional Provider Policies in effect at the time of booking. As part of your Provider Membership, you will be required to receive messages via text / SMS and may incur costs from your carrier or mobile service provider as a result of these messages. Additional terms and conditions of service may be contained within your Provider Member account.As A Tutor you must be aware that all the sessions you are conducting through Zoom/Skype/Or any other online audio/video app with student you got through Fundoo Tutor will be recorded and will be used later on by Fundoo Tutor team for training and marketing Purposes. Fundoo Tutor team will use those sessions on all the social medias like Youtube, Google, Facebook, Instagram etc through the social media pages/groups and profiles plus also be these sessions will be used in paid ads to get more business. Fundoo Tutor charge 45% commission on every enrolled course
• Cancellation & Refunds:There will be no refund or cancellation possible once subscription is taken.Independent Contractor Status
  Our Services are separate and distinct from the services of the Providers. You acknowledge that Provider Members are not employees or agents of Fundoo Tutor but are independent contractors who operate a separate and distinct business from Fundoo Tutor. As such, we do not endorse or control the Providers, the manner or method of service to you, exercise no control over your working relationship with the Provider Member and do not warrant your safety or the service of any Provider Member. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Members.
• General Disclaimer
  We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Listings or of any information posted or provided by a Member We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, Directors, Shareholders, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or our Mobile Application or our Services, any content posted on the Website or transmitted to Members, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services.

  Some of our Services may require Students to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.

  Our Services may give you access to links to third-party websites (“Third Party Sites”), either directly or through Providers. We not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

  We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or on our Mobile Application or release to others using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE,OUR MOBILE APPLICATION, OUR SERVICES OR OTHERWISE.

• Warranty Disclaimer.
  OUR WEBSITE,MOBILE APPLICATION, FORUM,CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
• Code of Conduct.
  • Restrict or inhibit any other visitor or Member from using our Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of our Services;
  • Use our Services for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;
  • Remove any copyright, trademark, or other proprietary rights notices contained on the Website /Mobile Application or applied to our Services;
  • “Frame” or “mirror” any part of the Website or our Services without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • Harvest or collect information about Website visitors or Members without their express consent;
  • Create more than one profile without our express written consent;
  • Permit anyone else whose account or subscription was terminated, or who is not a Member, to use our Services through your subscription, username or password;
  • Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • Transfer your account or user ID to another party without our consent;
  • Be disruptive in any lesson or group instruction;
  • Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or
  • Engage in any communication related to sexual conduct, nudity, or which expresses profanity.

Pricing

Sessions or Lessons or Exchange or Classes prices are agreed to at the time of payment for the number of Sessions or Lessons or Exchange or Classes purchased. Sessions or Lessons or Exchange or Classes prices vary by Provider and lesson type and are subject to change at any time. Tutor Members are obligated to offer a discount up to 100% subject to the maximum amount of the available Fundoo Tutor credits balance for every first Session or Lesson or Exchange or Class with the new Student Member. This means first session by Tutor/knower to every new student/learner will be treated as Demo session without any price. First session can be of any time booked by Student/learner starting with 15 minutes. Student Members and Tutor Members are obligated to honour the prices established at the time of payment. See additional Student and Tutor Policies set forth here and here. Additional pricing terms and conditions are contained within Member and Provider accounts and within email correspondence from Fundoo Tutor. Fundoo Tutor will not be liable to ensure payment from Student to Tutor and also Quality and quantity of Sessions from Tutor to Student will also not be ensured by Fundoo Tutor. Tutors and Students themselves need to ensure and enforce Payment and service outside the Fundoo Tutor platform as we are just connecting both the parties.

Term

This Agreement will remain in full force and effect while you use our Services and/or are a Member. You may terminate your membership at any time, for any reason, by sending us email at support@Fundoo Tutor.io,. To help us analyze and improve our Services, you may be asked to provide a reason for your resignation/cancellation. We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Also if you suffer any monetary or otherwise loss due to the reason that we terminated your membership with Fundoo Tutor, we will not be liable to any such loss.

Non-Circumvention

During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.

 Your agreement to make and receive payments only through Fundoo Tutor for two years from the date you first meet your Client or Freelancer on the Site, unless you pay an Opt-Out-Fee, as detailed below.

You acknowledge and agree that a substantial portion of the compensation Fundoo Tutor receives for making the Site available to you is collected through the Fundoo Tutor Fee described  below. Fundoo Tutor only receives this Service Fee when a Client and a Freelancer pay and receive payment through the Site. Therefore, for 24 months from the time you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Fundoo Tutor Relationship”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.

You agree to notify Fundoo Tutor immediately if a person suggests to you making or receiving payments outside of the Site in violation of this Section 6. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Fundoo Tutor by sending an email message to: legal-reports@Fundoo Tutor.com.

If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Opt-Out Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.

OPTING OUT

You may opt-out of the obligation with respect to each Fundoo Tutor Relationship only if the Client or prospective Client or Freelancer pays Fundoo Tutor an opt-out fee for each such relationship (the “Opt-Out Fee”).

The Opt-Out Fee is computed as follows

the greater of :

1. $3500; or
2. 20% of the anticipated annualized salary or wages for one year if the Client offers Freelancer employment directly; or
3. all Service Fees that would be earned by Fundoo Tutor from the Fundoo Tutor Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Freelancer from Client during the most recent normalized 8-week period, or during such shorter period as data is available to Fundoo Tutor;

To pay the Opt-Out Fee, you must request instructions by sending an email message to optout@Fundoo Tutor.com.

If Fundoo Tutor determines, in its sole discretion, that you have violated Non Circumvention Policy, Fundoo Tutor or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Opt-Out Fee (including interest)  if permitted by law or send you an invoice for the Opt-Out Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Fundoo Tutor’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

No Non-Permitted Use by Members

Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.

Account Security

You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Fundoo Tutor Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer/Mobile with others, you may wish to consider disabling any auto-sign in features if linked to your Fundoo Tutor account.

Your Interactions with Other Members and Our Limitation of Liability

• YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT NO TUTORS ON THE WEBSITE OR MOBILE APPLICATION HAVE BACKGROUND CHECKS AND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON STUDENTS. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.
• NO MEMBER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER MEMBER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH MEMBERS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
• IN NO EVENT SHALL Fundoo Tutor AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, Fundoo Tutor AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR THE WEBSITEOR THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.
• NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW,THE LIABILITY OF Fundoo Tutor AND/OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDNG TWELVE MONTHS, UP TO A MAXIMUM OF FIVE THOUSAND RUPEES.

Content within our Services

• Proprietary Rights. The Website/Mobile Application and our Services contains the copyrighted material, trademarks, and other proprietary information of Fundoo Tutor, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
• Reliance on Content, Advice, Etc. Opinions, advice, statements, reviews, offers, or other information or content made available through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Content Posted by You

As a Member, you may be able to post content, including uploading videos, photos and providing reviews of Members. You are solely responsible for the content that you publish or display (hereinafter, “post”) using our Services, or transmit or display to other Members. You will not post on the Website or Mobile Application or Service, or transmit or display to other Members, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content using our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.

Customer Service

We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees(if any).

Modification to Services

We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be posted within your Member profile, on the Website or communicated through our Services.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact us immediately at info@Fundoo Tutor.com.

Member Disputes

You are solely responsible for your interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.

Privacy and Communications

Use of our Services is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see our Privacy Policy for more information regarding these communications.

Links

Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Arbitration and Governing Law

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Fundoo Tutor HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Fundoo Tutor agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to our Services, or any products or services sold or purchased through our Services, will be resolved in accordance with the provisions set forth in this Section (“Agreement to Arbitrate”).

Arbitration Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration then in effect and before a single arbitrator chosen by Fundoo Tutor. 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 Chandigarh, U.T. India and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Fundoo Tutor may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata, West Bengal, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

Injunction You agree that any material breach of the Terms will result in irreparable harm to Fundoo Tutor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Fundoo Tutor 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 Fundoo Tutor seeks such an injunction..

Release and Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS OR OTHER USERS OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE Fundoo Tutor AND OUR RESPECTIVE AGENTS, DIRECTORS,SHAREHOLDERS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND OUR SERVICES.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD Fundoo Tutor AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS,EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE, OUR SERVICESOR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY SERVICES OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICES OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Commercial Release

By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or your voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of our Services, without further compensation whatsoever of any kind as a result of such use.

Taxes

You are responsible for collecting and paying your own taxes due if and when applicable. We are unable to provide you with tax advice and you should consult your own tax advisor.

Miscellaneous

If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement, including, without limitation Sections 4, 8, 11, 21, 22 & 23, shall survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns.