TERMS & CONDITIONS

OWNERSHIP

www.otootuitions.com is owned and operated by Padhai Help Private Limited, a company incorporated under the Companies Act, 2013 having a Corporate Identification Number U80302RJ2015PTC048460 and the registered office is situated at 66/103, Pratap Nagar, Sanganer, Jaipur, Rajasthan.

The Company is engaged in the business of providing education consultancy services and is the sole author and publisher of the internet resource www.otootuitions.com

SERVICE

www.otootuitions.com is a platform to provide services of coalition between teachers and students for home tuition i.e. when a student is in need of educational assistance and he/she is unable to find any teacher, who can provide such assistance then by availing the services of www.otootuitions.com the student can easily get the desired assistance.

Vice Versa when a teacher who is also in need of tuitions and finding some students to teach and earn from teaching he or she can also, by availing the services of www.otootuitions.com, get in touch or get connected with the students.

PROCESS

The teacher will have to register himself/herself by providing his/her information including general, contact information, educational and professional information by filling the prescribed fields of the form provided in the teacher section of the website.

The student (above the age of 18) or the parents of the student will also have to register himself/herself by providing information in regard of general, contact information and educational qualification by filling the prescribed fields of the form provided in the student section of the website.

The mediator Padhai Help Private Limited, will assess and provide the contact information of both the parties to both the parties.

APPLICABILITY OF TERMS

User is advised, before using this website and availing services from the same, to carefully go through from these terms & conditions and privacy policies made available by Padhai Help Private Limited.

These Terms and the Privacy Policy together constitute a legal agreement between the user and Padhai Help Private Limited in connection with the visit to the Website and use of the Services (as hereinafter mentioned).

This agreement applies to the users of www.otootuitions.com and that includes the following:-

  • Teacher (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions; or
  • Student, his/her parents or affiliates, searching for Teachers through the Website; or
  • Otherwise a visitor of the Website

    This agreement applies to those services made available by Padhai Help Private Limited which are offered to the users of www.otootuitions.com and those include the following:
  • For Teachers:- Listing of Teachers and their profiles and contact details, to be made available to the users and visitors to the Website;
  • For Students:- Facility to register as students, search for teachers by name, subject, geographical area and any other criteria made and developed by www.otootutions.com

The Services may change from time to time, at the sole discretion of Padhai Help Private Limited, and the Agreement will apply to the visit and use of the Website by the users to avail the Service, as well as to all information provided by the users on the Website at any given point in time.

This Agreement defines the terms and conditions under which the users are allowed to use the Website and describes the manner in which Padhai Help Private Limited shall treat the information while the users are registered as a teacher or student. If the users have any questions about any part of the agreement, he or she has an option to contact the support at 8107008788.

By downloading or accessing the Website to use the Services, users irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to the users relating to use or access of the Website to avail the Services. By availing any Service, users signify the acceptance of the terms of this Agreement.

Padhai Help Private Limited reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to the users in writing. The users should read the Agreement at regular intervals. User’s use of the Website following any such modification constitutes agreement to follow and be bound by the Agreement as modified.

The users acknowledge that they will be bound by this Agreement for availing any of the Services offered by Padhai Help Private Limited through www.otootuitions.com. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

User’s access to the use of the Website and the Services will be solely at the discretion of Padhai Help Private Limited.

The Agreement is published in compliance of and is governed by the provisions of Indian law, including but not limited to:

  • The Indian Contract Act, 1872,
  • The (Indian) Information Technology Act, 2000, and
  • The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
CONDITIONS OF USE

The user must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, the User represents and warrants to Padhai Help Private Limited that he or she is 18 years of age or older, and that he or she/he has the right, authority and capacity to use the Website and the Services available through the Website, and agree to abide by this Agreement.

CONSIDERATION

The consideration under this service transaction will be in nature of the following:-

  • For Company: - The receipt of the company will be 40 (forty) % of the total first-month fee.
  • For Teacher: - After successful completion of the first month the teacher will receive the rest of the 60 (sixty) % amount.
  • For Student: - The student will have to pay the 40 (forty) % of the total fee to the company as advance but only after the demo and 60 (sixty) % to the teacher after the successful completion of the first month.
NOTICE REGARDING WITHHOLDING OF TAXES:

User recognizes and understands that it will receive Form16A u/s 194C of Income Tax Act 1961 and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Central and State Laws. User hereby promises and agrees to indemnify the company for any damages and expenses, including attorney’s fees and legal expenses, incurred by the company as a result of the user’s failure to make such required statutory payments.

WARRANTY

The user represents and warrants that, He/She will perform the Services with reasonable care and skill as an independent contractor and affirms that the content and the material etc. provided by him or her to the company under this Agreement are his own and the use of them shall not cause infringement or violation of intellectual property rights or other rights of any third party. For any breach of infringement, the liability shall be of the user personally and the company shall not be held responsible.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Padhai Help Private Limited, or any of its directors, officers, employees, agents or content be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. The tutor and student/parent who have agreed to avail the services from Padhai Help Pvt. Ltd. are solely responsible for their Contributions online and offline and expressly agree to exonerate Padhai Help Pvt. Ltd. from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

NOTICES

Any notice which may be given by the company under this Agreement shall be deemed to have been duly delivered if delivered by hand, first-class post or electronic mail/ app to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party and being acknowledged to have been informed. Subject to any applicable local law, provisions to the contrary, any such communication shall be deemed to have been made to the other Party.

NON-SOLICITATION COVENANT

The user either directly or indirectly, will not call on, solicit, or take away, any of the customers or clients provided by the company with whom the Service Provider has worked or spoken during the course of this Agreement for services and consultation, either for their own benefit or for the benefit of any other person, firm, corporation, or organization.

If the users indulge themselves in order to bypasses the company it shall be treated as a direct breach of contract and amount to a breach of trust.

UNFAIR DISCRIMINATION IN THEIR WORK-RELATED ACTIVITIES

Users shall not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socio-economic status or any basis prescribed by law.

SEXUAL HARASSMENT

Users shall not under any circumstances get themselves engaged in any acts of sexual harassment. Sexual harassment is a sexual solicitation, physical advances or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the activities or roles as is offensive or creates a hostile workplace or educational environment.

TERMINATION

Padhai Help Private Limited has the exclusive right to restrict any user to access the website and to provide services with or without notice and to exercise any remedy available under law, in case of:-

  • Breach of any terms and conditions of the agreement;
  • Reporting by the third party of any violation;
  • Unable to verify the authenticity of the information provided;
  • On sole discretion on the basis of suspicion of wrong information.
GOVERNANCE & JURISDICTION

That this agreement shall be governed by the Indian Contract Act, 1882, with such enactments or re-enactments or by any law for the time being in force and according to the jurisdiction as per the prescribed law.

DISPUTE RESOLUTION

If a dispute arises between the company and the users the parties hereby agree to resolve any claim or controversy arising henceforth by legal and equity means that arises out of the Terms of Use or the Website/App in accordance with the Arbitration and Conciliation Act, 1996 or as otherwise agreed between the parties in writing. Before resorting to the filing of a formal lawsuit, the company strongly encourages the users to directly seek a resolution via email at Info@otootuitions.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

SEVERABILITY

If any provision of the agreement is held by a court of law, competent jurisdiction or arbitral tribunal to be unenforceable void or voidable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

THE USER HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
Personal Information

Padhai Help Private Limited may by its Services, collect information relating to the devices through the teacher accesses the Website, and anonymous data usage. The collected information will be used only for improving the quality of OTOO tuitions services and to build new services.

The Website allows Padhai Help Private Limited to have access to registered teacher’s personal email or phone number, for communication purpose so as to provide better services and for giving feedback to the teachers.

Padhai Help Private Limited shall have a right to check the authenticity of the personal information or sensitive personal data or information supplied by the teacher to Padhai Help Private Limited through the website or to any other person acting on behalf of Padhai Help Private Limited.

To check the authenticity of the information provided by the teacher, Padhai Help Private Limited has a right to use the prescribed and legal means including a physical check of documentation of education of the teacher.

If a teacher provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Padhai Help Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Padhai Help Private Limited has the right to discontinue the Services to the teacher at its sole discretion.

If Padhai Help Private Limited determines that if the teacher has provided fraudulent, inaccurate, or incomplete information, Padhai Help Private Limited reserves the right to immediately suspend the teacher's access to the Website and makes such declaration on the website alongside teacher’s name as determined by Padhai Help Private Limited for the protection of its business and in the interests of Users. The teacher shall be liable to indemnify Padhai Help Private Limited for any losses incurred as a result of misrepresentations or fraudulent feedback that has adversely affected Padhai Help Private Limited or its Users.

Meeting, Interaction between teacher and student

After successful registration on the website, the teacher has to provide the entire documentary pieces of evidence in regard to his/her identity, address, educational and professional proof.

It will be the responsibility of Padhai Help Private Limited to arrange a meeting between the teacher and student as soon as possible at such time date and place mutually decided between both the parties.

For such an arrangement, Padhai Help Private Limited can use any means of communication and contact information provided by both the parties to contact and arrange the same.

After successful interaction and mutual discussion between both the parties the teacher will be liable to give trial or demo Class free of cost to the student.

After the demo, if both parties are satisfied and all discussions about the consideration and time duration have been done, then parents will have to pay a certain amount of 40 (forty) % of the total 1 (one) month fee to Padhai Help Private Limited by any means of payment.

The rest 60 (sixty) % amount will be paid by the parents to the teacher after completion of 1 (one) month and the parents will be liable to pay the 100 (One Hundred) % fees to the teacher from the completion of the second month and so on to the completion of the term of tuition.

Teacher has the right to deny the arrangement after the demo on valid grounds.

Students or their parents have the whole and sole right to check the background of the teacher arranged by Padhai Help Private Limited. They also have the right to demand the ID, Address proofs of the teacher. If the student demands so, then the teacher has the liability to show all the documents to them.

If in case, after successful demo and consent of both parties, the student in the future and wants to replace the teacher without valid reason then the teacher will have to teach that student for at least 1 month from the completion of the demo and will get the payment of those 1 month from the said 60 (sixty) % of the payment.

After 1 month, weeks and part payment of the consideration of the previous teacher Padhai Help Private Limited will provide, if requested by the teacher, another arrangement for teaching on which all these terms will be applicable.

If in case, after successful demo and consent of both the parties, the teacher misbehaves or absents himself/herself from the tuition without any valid reason or has done something wrong with the student, which cannot be tolerated, the student has the right to cease tuition under the teacher and after such cessation the teacher will not get any amount or fee.

If the teacher absents himself from the tuition with a valid reason then he has the responsibility to cover the entire course with additional time.

Without prejudice to the generality of the above, Padhai Help Private Limited will not be liable for:-

  • No payment of fees by the student or his/her parents.
  • Any type of inconvenience suffered by the teacher due to a failure on the part of the student, no show by the student, inappropriate treatment, or similar difficulties;
  • Any misconduct or inappropriate behaviour by the student or his/her parents;
  • Any eventualities that might occur subsequently to provide the services of a teacher.

Padhai Help Private Limited assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect teacher’s equipment on an account of teacher’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a teacher is dissatisfied with the Website, the teacher’s sole remedy is to discontinue using the Website.

Personal Information

Padhai Help Private Limited may by its Services, collect information relating to the devices through the student accesses the Website, and anonymous data usage. The collected information will be used only for improving the quality of OTOO tuitions services and to build new services.

The Website allows Padhai Help Private Limited to have access to registered student’s personal email or phone number, for communication purpose so as to provide better services and for obtaining feedback in relation to the teachers and their teaching.

Padhai Help Private Limited shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the student to Padhai Help Private Limited through the website or to any other person acting on behalf of Padhai Help Private Limited.

To check the authenticity of the information provided by the student, Padhai Help Private Limited has a right to use the prescribed and legal means including One Time Password verification at the time of registration on the website

If a student provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Padhai Help Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Padhai Help Private Limited has the right to discontinue the Services to the student at its sole discretion.

If Padhai Help Private Limited determines that the student has provided fraudulent, inaccurate, or incomplete information, including through feedback, Padhai Help Private Limited reserves the right to immediately suspend a student's access to the Website and makes such declaration on the website alongside student’s name as determined by Padhai Help Private Limited for the protection of its business and in the interests of Users. The student shall be liable to indemnify Padhai Help Private Limited for any losses incurred as a result of misrepresentations or fraudulent feedback that has adversely affected Padhai Help Private Limited or its Users.

Meeting, Interaction between teacher and student

After successful registration on the website it will be the responsibility of Padhai Help Private Limited to arrange a meeting between the teacher and student as soon as possible at such time date and place mutually decided between both the parties.

For such an arrangement, Padhai Help Private Limited can use any means of communication and contact information provided by both the parties to contact and arrange the same.

After successful interaction and mutual discussion between both the parties the student will be eligible to get trial or demo from the teacher arranged by Padhai Help Private Limited.

After the demo, if both parties are satisfied and completing all discussions about the consideration and time duration have been done, then parents will have to pay a certain amount of 40 (forty)% of the total 1 (one) month fee to Padhai Help Private Limited by any means of payment.

The rest 60 (sixty) % amount will be paid by the parents to the teacher after completion of 1 (one) month of teaching and the parents will be liable to pay the 100 (One Hundred) % fees to the teacher from the completion of the second month and so on to the completion of the term of tuition subject to abiding the company policy.

The student has the right to deny the arrangement of the teacher if the demo is not satisfactory or up to the mark. In that case, the company will offer to provide another teacher as soon as possible to the student and to accept whether accept or deny that second arrangement, will be on the whole and sole discretion of the student.

Students or their parents have the whole and sole right to check the background of the teacher arranged by Padhai Help Private Limited. They also have the right to demand the ID, Address proofs of the teacher.

If in case, after successful demo and consent of both parties, the student in the future and wants to replace the teacher without valid reason then the student will have to study under the guidance of that teacher for 1 month from the completion date of the demo and will have to pay the fees of that 1 month from the said 60 (sixty) % of the payment. After those 1 month and part payment of the consideration of the previous teacher Padhai Help Private Limited will provide by the requested of the student, another teacher on which all these terms will be applicable.

If in case, after successful demo and consent of both the parties, the teacher has misbehaved or absents himself/herself from the tuition without any valid reason or has done something wrong with the student, which cannot be tolerated, the student has the right to cease tuition under the teacher and will not have to pay any certain amount. In that case Padhai Help Private Limited will have the responsibility to arrange the teacher for the student again on which all these terms will be applicable and if the student wants the refund then the company will be liable to refund.

If the teacher absents himself from the tuition with a valid reason then the student has the right to ask the teacher to cover the entire course with additional time.

Without prejudice to the generality of the above, Padhai Help Private Limited will not be liable for:-

  • Any wrong teaching quality being taught by the teacher, or any negligence on the part of the teacher(s);
  • Any type of inconvenience suffered by the student due to a failure on the part of the teacher to provide agreed services or to make himself/herself available at the appointed time, no show by the teacher, inappropriate treatment, or similar difficulties;
  • Any misconduct or inappropriate behavior by the teacher or the teacher’s staff;
  • Any eventualities that might occur subsequently to use the services of a teacher, whom the student has selected on the basis of the information available on the Website or with whom the User has agreed on tuition through the Website.

Padhai Help Private Limited assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect student’s equipment on account of student’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a student is dissatisfied with the Website, the student’s sole remedy is to discontinue using the Website.