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 that connects 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 and vice versa.

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 Limitedwill assess and provide the contact information of both the parties to both the parties.

OTOO does not hold any responsibility towards any mishap that may happen from either party. OTOO is just a connecting platform for both teachers and parents and anything not related to our services will not be entertained by the company or its associates.

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.
OTOO may place a file called "cookie" in the browser files of your device.The cookie itself does not contain Personal Information although it will enable the OTOO Service to relate your use of the OTOO Service to information that you have specifically and knowingly provided to OTOO. The cookies enable OTOO to remember your choices and some data field contents which you would be required to fill-in.
You may not make any content item originating from OTOO available for public access by any means whatsoever without obtaining prior written permission from OTOO. If found guilty, legal actions shall be taken.
If you are a visitor on our website and if you update any personal contact information such as phone number or e-mail address, OTOO reserves the right to contact you over phone calls, SMS or Email. If the intention was for tutoring/learning, or seeking information about our product & services, OTOO team will guide you accordingly via phone call, SMS or email.
No user shall be permitted to perform any of the following prohibited activities while availing our Services:

Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Stalking, intimidating and/or harassing another and/or inciting another to commit violence;
Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Interfering with any other person’s use or enjoyment of the application/website/services;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the OTOO service, such activity is solely between you and the applicable third party. OTOO shall have no liability, obligation or responsibility for any such activity. You hereby release OTOO from all claims arising from such activity.
You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the OTOO site or OTOO services in whole or in part except as expressly provided in OTOO’s policies and procedures. Except as expressly and unambiguously provided herein, OTOO and its suppliers do not grant you any express or implied rights, and all rights in the OTOO service not expressly granted by OTOO to you are retained by OTOO.
Your registration as a member of OTOO or the use of any of the features and services on OTOO, either as a registered member or as a visitor constitutes automatic acceptance of these terms and conditions.
OTOO reserves the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement.
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).
The user must be 18 years of age or older to register, use the services, 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.
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.

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.

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.

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.

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.

CONFIDENTIALITY

You may obtain direct access via the site to certain confidential information of OTOO 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 OTOO 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 OTOO, 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 OTOO adequate to afford OTOO the opportunity to object to the disclosure.

If You do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products. Any access to our Services/Application/products through registrations/subscription is non transferable.

THE SITE, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL OTOO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES.

OTOO MAKES NO WARRANTY THAT THE SITES, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Tutor

TERMS AND CONDITIONS (TUTOR)

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

OTOO does not hold any responsibility towards any mishap that may happen from either party. OTOO is just a connecting platform for both teachers and parents and anything not related to our services will not be entertained by the company or its associates.
Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.
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.
A Tutor agrees and understands that he/she is not an employee of OTOO and accepts full responsibility for all Income Tax and other amounts payable in relation to any fees generated from a tuition contract with Student or Parent through the Site. We do not issue any working experience certificate to our registered members.
A Tutor will not include personal email, contact numbers etc. in the form fields like Tutoring Experience, Tutoring approach, other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, OTOO may in its discretion suspend or terminate account of such Tutor.
A Tutor understands and accepts that details entered by them on the website/app will be publicly visible and may appear in search engines (Google, Yahoo, Bing etc.) results.
A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in the exact detail on the website or app.
A Tutor warrants that he/she is, at least, eighteen years of age, and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.
Padhai Help Private Limited does not guarantee to secure a Tutor for a Student or ascertain any tuition fees on behalf of any tutor or student. We do not provide any guarantee of the number of total enquiries/business which a Tutor will receive during their subscription period.
Tutor is expected to conduct himself/herself in a teacher/coach like manner which is generally prevalent and acceptable in a teacher and student like relationship.
Without prejudice to the generality of the above, Padhai Help Private Limited will not be liable for:
1. No payment of fees by the student or his/her parents.
2. 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;
3. Any misconduct or inappropriate behaviour by the student or his/her parents;
4. Any eventualities that might occur subsequently to provide the services of a teacher.
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 a 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.
All tuitions posted in our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, OTOO will not be responsible for the same.
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.
In response to the feedback of Students posted on the website/app, a Tutor shall not, in any way, show disrespect towards a Student or his/her family.
A tutor and a tutorial center hereby acknowledge that OTOO is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.
Padhai Help Private Limited is not involved in any kind of interactions that takes place between the tutors and students, and hence, is not liable for any dispute or disagreement or misinterpretations or arguments arising between the parents / students and the tutors. The parents/students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.

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/App or the downloading of any material, data, text, images, video content, or audio content from the Website/App. If a teacher is dissatisfied with the Website/App, the teacher’s sole remedy is to discontinue using the Website and OTOO Tutor app.

Parent

TERMS AND CONDITIONS (STUDENTS/PARENTS)

Padhai Help Private Limited may by its Services, collect information relating to the devices through the student’s access to the Website/App, and anonymous data usage. The collected information will be used only for improving the quality of OTOO tuition services and to build new services.
To check the authenticity of the information provided by the student, Padhai Help Private Limited has the right to use the prescribed and legal means including One Time Password verification at the time of registration on the website/app.
A student or parent undertakes to register for the OTOO service, always using accurate and current information about himself/herself - including name, email ID, mobile number etc.
During posting or tuition requirements students should enter as much details as possible for better responses from tutors and institutes.
Students must pay all tuition fees to the tutor directly. OTOO does not facilitate any system of payment for students or tutors.
Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. OTOO is just an online platform where tutors can advertise their services.
No tutor can guarantee good grades; therefore, grade you get cannot be a reason for students to come back at a later time and demand refund for services.
Student is expected to conduct himself in a student like manner which is generally expected and regarded as ideal student behavior prevalent everywhere.
OTOO would not be liable to offer any compensation or damages of any nature to students if OTOO deactivates a tutor account or if a tutor discontinues /chooses to not extend tutor sessions. However, you can reach out to us through our help box to guide you in the situation for further convenience.
Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. OTOO would not be responsible and liable for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any.
Without prejudice to the generality of the above, Padhai Help Private Limited will not be liable for:
1. Any wrong teaching quality being taught by the teacher, or any negligence on the part of the teacher(s);
2. 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;
3. Any misconduct or inappropriate behavior by the teacher or the teacher’s staff;
4. 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/App or with whom the user has agreed on tuition through the Website/App.

Padhai Help Private Limited holds 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/App or the downloading of any material, data, text, images, video content, or audio content from the website/app. If a student is dissatisfied with the Website/App, the student’s sole remedy is to discontinue using the Website/App.