Firstpreneurs Tech Pvt. Limited (hereinafter referred to as “Tutors” or “Us”), primarily operates, controls and manages the Tutoring Services (through Service Providers. hereinafter referred to as “Tutor”) provided by it through its website www.tutormerit.com operated from its corporate office at 7/150 Swaroop Nagar, Kanpur, U.P. 208002 (“Kanpur Corporate Office”).

That Tutormerit is a platform where we connect you to the right Tutor as per your budget and requirements. We attempt to make the flow of process easy in order to meet your requirements and assist you with the same.

By using / accessing the website – tutormerit.com, you are indicating that you accept the terms of user and your acceptance is bound by the provisions of these terms of use, including any updating / revisions made therein. Firstpreneurs Tech Private Limited (“company”) may revise these terms of use, including Tutormerit privacy statement at its discretion. The company does not have any obligation or responsibility to inform or intimate you in any manner, directly or indirectly, of the posting once updated or prior to such updation. Your use of the website (defined below) following any such modification constitutes your agreement to follow and be bound by the terms of use as modified.

Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this web site or to particular content are also considered as terms of use. You should visit this page periodically to review the terms of use, because they are binding on you. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the website for any reason.

You acknowledge that the Website serves as a venue for the online booking of Tutors/Trainers. By clicking on “I have read and agree to the terms of use,” you have the authority to enter into these Terms of Use. You authorize the transfer of payment for Services requested through the use of the Website, and you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.

While every endeavor is made by Tutormerit to introduce satisfactory candidates to the client, it is the responsibility of the client to satisfy themselves of the suitability of an applicant before hiring them.

We will be following a KYC procedure to collect relevant information and documentation on each Tutor. In case you wish to get a police verification done for such Tutor, you are requested to have the same done at your end.

We strongly suggest that the client does a POLICE VERIFICATION of the Tutor. This ensures that the Tutor is free of any criminal charges in the past. At any given point of time, if there is any crime done by the Tutor (Civil or criminal), Tutormerit would not be responsible for the same

That we provide a 1-day trial class to you with our Tutor assigned to you before we seek the payment of their salary in advance;

Charges for the salary of the Tutor are to be paid in advance for the month;

Prior to the placement of the Tutor, You have to give us the class sought for along with board details and previous marks of the student who will study and the salary offered. You cannot reduce the salary of the Tutor. If the Tutor leaves because you asked/made them do anything outside the job description or due to reduction of salary then Tutormerit will not replace the Tutor and neither refund the amount paid by you.

We will provide replacement of Tutor with a maximum of 3 replacements in a year when reasonable grounds are given for the same;

We will need appropriate time to find and allocate suited resources as Tutor in your premises;

We understand that each Tutor you hire is going to be as per your expectation and requirements and we will make our best attempt to provide you appropriate Tutor; in case We are unable to provide you Tutor as per your expectations we will provide you replacements upon your request, when provided reasonable issues from your end;

You undertake to notify Tutormerit immediately upon agreeing to hire a Tutor introduced by us.

An invoice will be sent to you upon commencement of employment of the Tutor and the fee is payable immediately on or before the date of joining of the candidate, in advance;

There would be a one-time registration charge involved while booking any service online. There are two modes of operation. One where we provide just assistance and take one time fee, other where we provide free replacements but with fee paid to us on monthly basis. The fee is updated on website as per the company decisions.

In case you do not like the Tutor who has been assigned to you, kindly give a notice of 15 days before you release the Tutor so that we can find a better quality Tutor for you. In case you wish to release the Tutor or the Tutor leaves the job and you wish to take a replacement, you need to clear the salary dues of the previous Tutor before a replacement is sent. In case the salary of the previous Tutor is not cleared, we will not be sending a replacement.

In case the Tutor is absent because they are unwell/family emergency, no replacement will be given if the Tutor promises to join back as soon he is healthy/fit for work. In case the Tutor does not join back within 10 days, you can ask us for replacement.

If the invoices are settled and due to any reason the Tutor resigns or leave them a free replacement will be provided as mentioned above, till a maximum of 3 replacements have been provided in the same year.

All payments have to be made in favour of ‘Firstpreneurs Tech Private Limited’

In case you wish to get a replacement and we are unable to find any suitable candidate for you (within 3 attempts) we will be ready to provide refunds, at the discretion of the Company.

Salary of the Tutor starts from the day Tutor get on board. Monthly amount will due within one week of the joining date, monthly amount can be paid through various payment methods including bank transfer, Cash, Credit card, Debit Card, Internet Banking, in advance.

An invoice will be sent to You via registered email after one week of joining the Team Member. Any payment received is non-refundable. Raised invoices should be settled within 10 days from the date of invoice raised. Monthly charges need to be paid every month before the due date of invoice.

Any online payment method will lead to extra charge of around 2% (convenience fee)

We take care of all the charges incurred while verification of Tutor, selection of Tutor, training etc.


TERMINATION

TERMINATION BY YOU

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account.” We will consider your cancellation of the account in case you choose to deactivate your account as termination of your account.

EFFECT OF TERMINATION

You acknowledge and agree that your right to receive any Services is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Tutormerit system. Unless Tutormerit has previously cancelled or terminated your use of the Website (in which case subsequent notice by Tutormerit shall not be required), if you provided a valid email address during registration, Tutormerit will notify you via email of any such termination or cancellation, which shall be effective immediately upon Tutormerit ‘s delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Tutormerit Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Tutormerit shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Tutormerit retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Tutormerit hereunder shall remain in effect for the foregoing purpose. In no event is Tutormerit obligated to return any Submitted Content to you. Sections of this document shall survive expiration or termination of the Website or your Account.

You agree to indemnify and hold Tutormerit, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.


REFUND & REPLACEMENT

Refund Policy:

Monthly billing/fee cannot be waived off or refunded after availing the services. If any of the Team Member leaves the job in between of his/her work tenure the amount will be charged on a pro rata basis. If at any point of time you want to discontinue any services, the amount will not be refunded back. We are not responsible for the claim of any damage/loss, liabilities, expenses incurred by the Tutor.

Replacement Policy:

Upto 3 Free Replacements of any Team Member is valid in one year. Tutor is allowed to avail 2 paid leaves in a month.


DISPUTE RESOLUTION

If a dispute arises between you and Tutormerit, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Tutormerit hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use. Before resorting to the filing of a formal lawsuit or complaint, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@tutormerit.com. Please lodge formal complaints on this email address and we will take requisite steps to resolve the issue at hand. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.


ADVERTISEMENTS

Aspects of the Website and other Tutormerit services may be supported by advertising revenue. As such, Tutormerit may display advertisements and promotions on the service of third Party entities. The manner, mode and extent of advertising by Tutormerit on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Tutormerit of any advertised products or services. You agree that Tutormerit shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.


THIRD – PARTY LINKS, CONTACT FORMS & PHONE NUMBERS

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because Tutormerit has no control over such sites and resources, you acknowledge and agree that Tutormerit is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources.

Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Tutormerit ‘s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Tutormerit 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 use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than Tutormerit. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with Tutormerit. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than Tutormerit are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

The website may contain links to third-party websites that are not owned or controlled by Tutormerit. Tutormerit does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. in addition, Tutormerit will not and cannot censor or edit the content of any third-party site. by using the website, you expressly relieve Tutormerit from any and all liability arising from your use of any third party website. accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.


DISCLAIMER OF WARRANTIES

You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, and Tutormerit and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Tutormerit does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. Tutormerit does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. Tutormerit will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services. as with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event shall Tutormerit, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Tutormerit is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event shall the total, aggregate liability of Tutormerit, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Tutormerit by you here under.

You hereby acknowledge and agree that Tutormerit shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. you further acknowledge and agree that Tutormerit shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.

FORCE MAJEURE

Neither Tutormerit nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.


INDEMNIFICATION & RELEASE

You agree to defend, indemnify and hold harmless Tutormerit, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in the website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. this defence and indemnification obligation will survive these terms of service and your use of the website.

If you have a dispute with one or more website users, you forever release Tutormerit (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.

The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tutormerit without restriction.

NO THIRD – PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

NOTICE

You agree that Tutormerit may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website. Email id is support@tutormerit.com

ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Tutormerit on the Website, shall constitute the entire agreement between you and Tutormerit concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Tutormerit’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect. @2019 Firstpreneurs Tech private limited. All rights reserved