Pathshala.co is an online networking community that connects its members through a variety of services that it provides to its members, along with content providing to their members. This document covers the terms and conditions under which these services are provided.
While using the web site and engaged in any form of communication on any of the forums, you agree not to:
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Pathshala Service, such activity is solely between you and the applicable third party. Pathshala shall have no liability, obligation or responsibility for any such activity. You hereby release Pathshala.co from all claims arising from such activity.
Except for the Content submitted by members or users, the Pathshala Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Pathshala.co or its licensors. You acknowledge that the Pathshala.co and any underlying technology or software used in connection with the Pathshala Service contain Pathshala's proprietary information. 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 Pathshala.co Site, or Pathshala Services in whole or in part except as expressly provided in Pathshala's policies and procedures. Except as expressly and unambiguously provided herein, Pathshala.co and its suppliers do not grant you any express or implied rights, and all rights in the Pathshala.co Service not expressly granted by Pathshala.co to you are retained by Pathshala.co.
Limitation of Liability
THE SITE, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL PATHSHALA.CO, 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.
PATHSHALA.CO MAKES NO WARRANTY THAT THE SITES, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
PATHSHALA.CO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITES, CONTENT OR SERVICES.
Accuracy of Content
Special care has been taken in the preparation of the content of this Website. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website, to the extent permitted by applicable law. Pathshala shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
The Site, Application and Services offer an online platform with related technology for those seeking tutoring services to connect with those seeking to provide tutoring services, meet online and arrange for enrolment of courses directly with each other. Unless explicitly specified otherwise in the Pathshala platform, Pathshala's responsibilities are limited to facilitating the availability of the Site, Application and Services. You may view the listings as an unregistered visitor to the Site, Application and Services; however, if you wish to sign up for a demo class or wish to select a package of classes with a tutor of Pathshala or create listings as a tutor, you must first register and create a Pathshala Account.
Students are responsible for selecting the right tutor for their needs. While hiring, Students should review and examine each tutor's self-reported credentials, education, and experience, as well as reviews from other students. In case a student is minor or differently abled, the tutoring sessions should be supervised by a responsible adult preferably a family member/parent/guardian of such student. Students below 15 years should mandatorily provide the name and number of the guardian.
The site is controlled and operated in Delhi NCR Region
Eligibility to Use
The website can be used only by persons competent to contract within the meaning of Indian Contract Act, 1872. A person should be 18 years of age or older to take tutoring services (free trials) or perform any other transactions at Pathshala. If you are a minor, i.e. under the age of 18 you can use the website or perform any transaction only through your parent or legal guardian. Students below 15 years should mandatorily provide the name and number of the guardian. Pathshala will not be responsible for any consequence that arises as a result of misuse of any kind of the Website that may occur by virtue of any person including a minor using the services provided through the Website. We reserve the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
Accounts & Registration
In order to access certain features of the Site and Application, and to enroll for Courses or create a Listing, you must register to create an account ("Pathshala Tutor Account or Pathshala Student Account") and become a Registered Member. You may register to join the Services directly via the Site or Application or as described in this section.
You will need to register on the site and obtain an account, to use the website. You are solely responsible for maintaining the confidentiality of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s). You agree that the information provided by you in your Resume/Profile will be true, accurate, latest and complete (such information being "Your Data") and you will maintain and promptly update your Data to keep it true, accurate, current and complete, as and when required.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified Pathshala for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
By signing up with www.Pathshala.co OR submitting "Search Tutor/ Enquiry Form" form, user agrees to receive promotional emails, text messages and other materials from www.Pathshala.co and its affiliates
As a Tutor, you may create Listings. To create a Listing, you will be asked a variety of questions about the Course to be listed, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Tutors and Students preferences, ratings.
Other Members will be able to view your Courses via the Site, Application and Services based upon the information provided in your Listing, your Students requirements, and Students' search parameters and preferences. You understand and agree that once a Student requests enrolment for your Course, you may not request the Student to pay a higher price than that mentioned in the Site or Application.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the enrolment of Student for a Course in a Listing you post (i) will not breach any agreements you may have entered into with any third parties or any intellectual property rights of any third party, and (ii) will (a) be in compliance with all applicable laws, including Intellectual Property laws, and rules and regulations that may apply to any Course included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Pathshala assumes no responsibility for a Tutor's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Pathshala reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Pathshala, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Pathshala's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
As a Tutor, you understand and agree that Pathshala does not act as your contracting agent. If a Student requests an enrolment for your Course and attends at your lectures including (e-lectures), seminars, webinars, sessions, classes, any agreement you enter into with such Student is between you and the Student and Pathshala is not a party to it.
As a Tutor, you understand and agree that your relationship with Pathshala is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Pathshala for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Pathshala. Pathshala does not control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Pathshala, including by inappropriately using any Pathshala intellectual property.
If you are a Tutor, Pathshala makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for enrolment for your Course. You acknowledge and agree that, as a Tutor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who conduct the Course on your behalf, excluding the Students.
Conditions for Becoming A Tutor:
To enroll as a tutor at Pathshala, a person is required to have a minimum qualification of a 12th Pass or Bachelor's 1st year or higher or equivalent degree in the subject matter in which he desires to provide tuition, from an institute /university recognized by law. The tutor is expected to have a thorough knowledge of the subject he plans to teach. Any (prospective) tutor can read the terms and understand the working of our website, fill in the form and submit their Resume and Educational Documents, submit their Profile for approval. Tutors whose profiles are uploaded by us may offer tutor services through our Site subject to Terms and Conditions. Selection/ Approval of profile of a Tutor on the Site is solely at our discretion and we neither divulge all our criteria nor are bound to disclose reasons for not uploading profile of any prospective tutors.
The Tutors and prospective tutors will be required to certify that all information they provide in their Resume/Profile is true and correct to the best of their knowledge. All Pathshala-certified tutors go through approval of Tutor process, which includes filing the Basic form, filing up the advanced form containing details of qualifications, experience, etc., Online/Offline Interview with our team and documentation and a full Background Check conducted by our partners (if required). On successful completion of the process the profile will be visible for search. At any time we can remove a tutor, at our sole discretion, for any reason or for no reason at all.
Enough care should be taken,in case of female home tutors before taking up an assignment to avoid any kind of embarrassing scenarios. Pathshala cannot be held responsible for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any. A registered tutor's performance as a quality tutor will be the sole criteria for their future association with us. In case of any complaints regarding sexual harassment, Pathshala shall reserve the right to deactivate and remove a tutor, at their sole discretion.
We do not guarantee any minimum number of tutor sessions and we would not be liable to offer any compensation or damages of any nature to Tutor if Pathshala deactivates a Tutor account or if a Student discontinues /chooses to not extended tutor sessions for any reason whatsoever.
Each tutor decides whether he/she offers a free demo class. If he/she DOES offer free demo class - his/her preference for ONLINE or OFFLINE demo class will also be mentioned on his/her profile. Depending on your preference you can choose to take your free demo class ONLINE or OFFLINE. In the case that the tutor only offers OFFLINE demo class, you can schedule a free OFFLINE demo class with the tutor for a mutually agreed time.
FYI: You can view a tutor’s picture or video in his/her profile.
Pathshala does not endorse any Member, Listing or Courses. You understand that Listings and Pathshala Contents in relation to Courses are intended only to indicate a representation of the Course at the time the Listing was done. Pathshala Contents are therefore not an endorsement by Pathshala of any Member, Listing or Course.
Members are required to provide accurate information. Although Pathshala may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Pathshala about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pathshala with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any enrolment or Listings made by you. This limitation shall not apply to any claim by a Tutor against Pathshala regarding the remittance of payments received from a Student by Pathshala on behalf of a Tutor, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Enrolment, Payment Terms And Obligations:
(i) For Tutors:
If you are a Tutor and an enrolment is requested for your Course via the Site, Application or Services, you will be required to either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘Enrolment Request Period’), otherwise the enrolment request will automatically expire. When an enrolment is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Student who has requested the enrolment, and (ii) a link to the Student's Pathshala Account profile page. If you are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Pathshala for the requested enrolment will be refunded to the concerned Student. When you confirm an enrolment requested by a Student, Pathshala will send you an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services.
Pathshala will collect the Course Fees from Students at the time of the enrolment request. The Course Fees collected from the Student by Pathshala will be held in trust by Pathshala till the time the Course Fees or any part thereof becomes payable to Tutor.
Pathshala will transfer the Course Fees or part thereof within 7th of the following month in proportion to the number of sessions out of total sessions held by the Tutor in that particular month.
Tutor agrees that Pathshala may, in accordance with the cancellation policy selected by the Tutor and reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund (via Pathshala) to the Student that portion of the Course Fees subject to the cancellation policy.
The Tutor agrees that Pathshala is a limited payment collection agent solely for the purpose of accepting the Course Fees from Students. The payment made by a student through Pathshala, shall be considered as being held in trust by Pathshala on behalf of the Tutor till it becomes due to the Tutor and the Tutor will provide the services to the Students in the agreed-upon manner
You agree that Pathshala through its Site or Application would raise system generated invoice to the Student only on your behalf in relation to the Course for which the Student has enrolled. By doing so Pathshala is not acting as an employee, agent, joint venturer or partner of the Tutor. Pathshala will raise invoice on behalf of the Tutor to Student for the Course Fees which shall be inclusive of all applicable Taxes. The Tutor will be responsible to pay to the Government all Taxes as applicable on Course Fees collected by the Tutor and Pathshala shall not be responsible for any liability in relation thereto.
By joining Pathshala tutor agrees to the following regarding any student/parent tutor meets through Pathshala:
a. Under no circumstances may a tutor ask for or accept payment directly from any student/parent whom tutor meets through Pathshala system. Payment must always be made directly to Pathshala.in only. Tutor must inform student that payments must be made through Pathshala only.
b. If any student suggests or solicits tutor to do work (including tutoring, assignment help or any other kind of work) for student external to the Pathshala system, tutor agrees to immediately report this event to Pathshala by phone AND in writing.
c. Tutor will not attempt external solicitation of work (including tutoring, assignment help or any other kind of work) from any student, nor will tutor accept any work from such students external to the Pathshala system. All work for a student will be done via the Pathshala system only.
d. For all commitments/representations of Tutor to Student other than those which are mentioned on website, Tutor alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.
e. Tutor is expected to conduct himself in a Tutor / coach like manner which is generally prevalent and acceptable in a Tutor and student like relationship.
f. Violation of Tutor Conduct Code - Without limitation to other remedies available to Pathshala, a tutor found to be in violation of above code of conduct agrees to pay Pathshala for all consequential losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.
g. For Online Tuitions only (Not applicable for home tuitions): Tutor will not in any way solicit any personal information from any student (such as birth date, email address, phone number, home address, messenger ID, or any other type of contact information). If for any reason tutor needs to obtain such information from student, then tutor will first contact Pathshala staff in writing explaining the need.
h. For Online Tuitions only (Not applicable for home tuitions): If any student ever discloses personal information to tutor (such as birth date, email address, phone number, home address, messenger ID, or any other type of contact information), or asks tutor for any such personal information, tutor agrees to immediately report this event to Pathshala by phone AND in writing.
(ii) For Students:
The Tutors are solely responsible for honouring any confirmed enrolment and conducting the Classes enrolled for through the Site, Application and Services. If you, as a Student, choose to enter into a transaction for enrolment of Class, you agree and understand that you will be required to enter into an agreement with the Tutor and you agree to accept any terms, conditions, rules and restrictions associated with such Course imposed by the Tutor. You acknowledge and agree that you, and not Pathshala, will be responsible for performing the obligations of any such agreements, that Pathshala is not a party to such agreements, and that, with the exception of Pathshala’s obligations pursuant to the Payments Terms, Pathshala (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to a Tutor. If a requested enrolment is cancelled (i.e. not confirmed by the applicable Tutor), any amounts collected by Pathshala will be refunded to such Student by the same mode of payment, depending on the selections the Student makes via the Site and Application.
You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Pathshala Account. Pathshala will collect the Course Fees pursuant to the Payments Terms.
Once you're confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment.
You as a Student agree that in accepting payments for the Tutor, Pathshala acts as payment aggregator and service provider to the Tutor – not as a service provider to the Student. In the event Student decide to send a payment to an account owned and/or operated by Pathshala or an Affiliate for transmission to the Tutor, Student irrevocably agree that Pathshala may accept and act upon the instructions of the Tutor with respect to such payment.
Students'/ Tutor’s Fee Payment Mechanism - The students are required to make payment only through Pathshala Payment system which involves payment to Brainchild Smart Ventures Private Limited.
Different modes of payment that can be used to pay to Pathshala:
1. Pay using Net banking
2. Pay using credit card/ debit card
3. Pay using Paytm Wallet
4. Pay using Payzap Wallet
5. Other mode through prior intimation and confirmation by Pathshala officials only
Student Review of Tutors: Students are asked to provide a review (Please refer FAQ) with text comments, for each session they take with a tutor (free trial).
As a Pathshala member, student should use caution and good judgment when leaving a Review for a tutor. The reviews posted by the Students shall be a permanent part of that tutor's record. Please restrict your review to.
Service Fees Payable By Tutor:
In consideration for the use of Pathshala's online marketplace and platform, Pathshala charges Service Fees. Pathshala collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes in respect of the Service Fees.
The Service Fees which shall be chargeable to the Tutor @ 20% or 25rs(whichever is highest) plus any taxes as may be applicable as per Government rules, on every payment for class arranged between the student and the tutor. It is applicable on per student joining the class.
Once, the Service Fees becomes due to Pathshala, it shall neither be cancelled nor be refundable to the Tutor.
If you owe or agree to pay any amount to Pathshala (whether as a result of enrolment of your Course or otherwise), then Pathshala may withhold the amount you owe to Pathshala from any payout amounts due to you as a Tutor, and use the withheld amount to set off the amount owed by you to Pathshala.
Refundable Plan for Tutor:
A tutor opting for the refundable plan is agreeing that pathshala will hold the amount for a locking period of 3 months. Post the locking period, the amount available can be refunded if the tutor raises a request for the same. With the refundable plan, tutor gets access to conduct the live classes on the web-application or app and is liable to pay 25rs or 20%(whichever is higher) plus any taxes as may be applicable as per Government rules, which will be deducted from the total amount of plan. Available balance will be calculated post deducting the amount liable to pay to Pathshala for each class a student enters.
Mode of refund will be NEFT and will only be applicable after Teacher raises it from their end by entering the complete bank details and approval from Pathshala.
Application raised for refund without complete details will stand rejected.
Abuse Of The Website:
The user hereby agrees that the user shall neither by itself nor be part of any kind of abuse or misuse of the Website in any manner whatsoever.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that is inaccurate, commercial advertisement, harmful, obscene, pornographic, defamatory, violating or infringing anyone's intellectual property rights, offensive, harassing, or otherwise objectionable to Pathshala or other users of the website. You also agree not to upload any files and programs containing software viruses or any other computer code or that can interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Pathshala reserves the right to edit or remove Content that violates these Terms or for any other reason it deems necessary.
You agree and confirm that you will use the Site in a manner that is lawful, relevant and proper to the applicable forum and shall comply with all applicable laws and regulations. You shall access the services available on this website at your own risk and shall use your best and prudent judgement before entering into any transaction. You would also be liable and responsible to keep Pathshala harmless and indemnified if any loss or damages is threatened, suffered or incurred by Pathshala due to your inappropriate and/or offensive conduct.
Conduct that is inappropriate and/or offensive includes without limitation the following:
a. Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
b. Not to use the site, the Services or the Company Content to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.
c. Not to use Pathshala's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
d. Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
e. Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
f. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network
g. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, materials or content;
h. Take any action that would undermine any aspect of the Site;
i. Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
j. Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
k. Impersonate another person or allow any other person or entity to use your user name, password or membership;
l. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
m. Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
n. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
o. Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you understand and agree that Pathshala may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Pathshala may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
you hereby authorize Pathshala to verify the above representations and warranties by you and you acknowledge and agree that Pathshala shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Pathshala may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty. The Verification Services availed by us do not absolve User of this Site from its liability to provide correct and complete information about themselves.
The preceding paragraph notwithstanding, you understand and agree that Pathshala may or may not conduct background checks of any User. You also understand and agree Pathshala does not conduct background checks of any User. You also understand and agree Pathshala neither confirms nor denies the validity of information provided by Users and that Pathshala does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS AND MAKE YOUR INFORMED DECISION TO TRANSACT THROUGH THIS SITE.
Pathshala expressly disclaims, and you expressly release Pathshala from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Pathshala reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Pathshala in its sole discretion. Alleged improprieties by any User may be reported to Pathshala by email at contact.Pathshala.in.
For all commitments /representations of Tutor to Student or vice-versa other than those which are mentioned in Site, respective party making such commitments /representations alone would be liable and responsible towards each other Pathshala would be in no way would be liable and responsible towards such commitments /representations including losses /damages arising therefrom. Tutor /Student/Parents as the case be, shall keep Pathshala indemnified and harmless against all losses or damages if any, incurred or suffered by Pathshala due to such commitments /representations.
Violation Of Students Conduct Code:
Violation of Students Conduct Code - Without limitation to other remedies available to Pathshala, a Student found to be in violation of above code of conduct agrees to pay Pathshala for all losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.
While we hope that you will be completely satisfied with our Service, and we are proud that almost all students are happy with our services, we know that occasionally one may have an unsatisfactory experience. This is normal for a service that offers hundreds of expert tutors, each with his/her own personal style and expertise. If you find yourself in a session with a tutor you do not like working with, we recommend that you immediately and politely end the session. We will assign you a different tutor who may be better able to help you. In fact, we encourage you to try different tutors and find the one you like best.
If the Tutor or anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Pathshala by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Pathshala reserves the right to verify that any student who take tuition as part of any Referral Rewards program are actual students at an educational institution. If such valid proof is not forthcoming the Referral Rewards will not be given. Pathshala decision on this will be final.
All tutoring payments to tutors involved with Referral Rewards program must have involved actual tuition sessions which took place between a student and tutor; Pathshala reserves the right to verify that such tuition session actually happened. Pathshala decision on this will be final.
Third Party Reports:
Pathshala may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User's identity and criminal history. Use of a third-party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Pathshala shall not be held responsible or liable in any way if any information provided by a third-party verification service is inaccurate or incomplete.
You hereby consent to Pathshala collecting, using and disclosing the information in the consumer reports. You understand and agree that Pathshala may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Pathshala shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Pathshala reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Pathshala's sole discretion.
Pathshala reserves the right to carry out both regular and random discreet background / reference checks, as part of its routine operating procedure, without giving any justification to the tutor or anybody else.
Confidentiality Of Pathshala Information:
You may obtain direct access via the Site to certain confidential information of Pathshala 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 Pathshala 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 Pathshala, 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 Pathshala adequate to afford Pathshala the opportunity to object to the disclosure.
Terms Of Transacting Business:
You understand and agree to abide by Pathshala's tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through Pathshala. These costs include but are not limited to: (a) a tutor's fees as listed; (b) travel and transportation fees; (c) cancellation penalty as described in a tutor's cancellation policy, which can be found on a tutor's profile on the Site; and (d) the commission arrangement between the Tutor and Pathshala.
Modifications To The Services:
Pathshala may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
Advertisements And Promotions:
Pathshala may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Pathshala found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Pathshala is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Pathshala advertisers on the Site.
Content Provided Via Links:
You may find links to other websites or resources on the Site. You acknowledge and agree that Pathshala is not responsible for the availability and authenticity of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Pathshala will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Intellectual Property Rights:
"Pathshala Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Pathshala uses in connection with its products and services. The trademarks, service marks, and logos used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to Indian trademark laws. You may not remove or alter any Pathshala Trademarks, or co-brand your own products or material with Pathshala Trademarks, without Pathshala's prior written consent.
Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
Except as expressly authorized by Pathshala or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Pathshala discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
Termination And Suspension:
This Agreement shall be effective till the time Members access or use the site, application or services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or Pathshala terminate the Agreement as described below.
Termination by Student/ Tutor
You may terminate this Agreement at any time by sending us an email. You can cancel and delete your account only after receiving confirmation from Pathshala. This is to ensure that no pendencies exist and all dues have been cleared. If you cancel your Pathshala Account as a Tutor, any confirmed enrolments will be automatically cancelled, and your Students will receive a full refund by way of Q points. If you cancel your Pathshala Account as a Student, any confirmed enrolment will be automatically cancelled, and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Pathshala may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for breach, suspension and other measures
1. Pathshala may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Pathshala Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Pathshala believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Pathshala or third parties, for fraud prevention, risk assessment, security or investigation purposes.
2. In addition Pathshala may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your Pathshala Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Pathshala Account, or temporarily or permanently suspend your Pathshala Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Tutors or Students, or (ii) Pathshala believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Pathshala or third parties, for fraud prevention, risk assessment, security or investigation purposes.
3. In case of non-material breaches and where appropriate, you will be given notice of any measure by Pathshala and an opportunity to resolve the issue to Pathshala's reasonable satisfaction.
4. Any mis-behaviour with Pathshala officials/members, students which could hamper Pathshala's reputation will not be acceptable and will be a sufficient cause to terminate the account.
You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
Consequences of Termination
If we take any of the measures described above we may (i) communicate to your Students or Tutors that a pending or confirmed enrolment has been cancelled, (ii) refund your Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support your Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. If you terminate your account, you will have to undergo the entire process of registration again to re-register unless any extraordinary situation occurs. In no other situation, you are entitled to restore your account. If your access to or use of the Site, Application and Services has been limited or your Pathshala Account has been suspended or this Agreement has been terminated by us, you may not go through the process of re-registration of a new Pathshala Account.
If you or we terminate this Agreement, the clauses of these terms that reasonably should survive after termination of the Agreement will remain in effect.
Disclaimer Of Warranties:
Use of the site is at your sole risk unless otherwise explicitly stated. The company content, the site, the services and each portion thereof are provided on an "as is", "as available", and "with all faults" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the company content, the services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third-party sites.
Pathshala makes no warranty or representations that: (a) the site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or (d) any errors in the site will be corrected.
Any opinions, advice, statements, services or other information that is provided to you by a tutor is only that of the tutor and not of Pathshala, or its shareholders, directors, officers, or employees. Under no circumstances shall Pathshala or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained from a tutor. It is your responsibility to evaluate any information, opinion, statements, services or advice provided by the tutor.
Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data resulting from computer viruses or profit arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages. If your use of the site, the company content, the services or any portion thereof results in the need for servicing, repair or correction of equipment or data, you agree to get the same repaired/ rectified at your own cost and without any liability on us. We, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or tutors) liable for any instruction, advice or services delivered which originated through the site, through any verification service or in connection with the company content, the services or any portion thereof.
Limitation Of Liability:
The site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that Pathshala has no control over the acts or omissions of any user and that Pathshala makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Pathshala is not responsible for the performance or conduct, whether online or offline, of any user of the site. As such, Pathshala expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site.
Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to services being offered herein, you should consult an appropriate professional.
Users of the site transact between themselves. Pathshala will not be involved in any user interactions. Pathshala is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction. As such, Pathshala expressly disclaims, and each user expressly releases Pathshala from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the site, including without limitation any acts and/or omissions of users on or off the site.
To the full extent permitted by law, Pathshala is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the site, even if Pathshala has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the site; (c) statements or conduct of any third party on the site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information users may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall Pathshala's total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to Pathshala or a Pathshala partner, if any, or (b) Rs 1000/= Rs One Thousand only (whichever is less).
Users (Tutors/Students/Parents) are expected to provide their true and complete credentials/information to Pathshala for availing /rendering services through this Site, however Pathshala does not make any representation /warranty with regard to correctness /completeness of such credentials/information offered to it and as such specifically disclaims all liabilities (whether civil or criminal) arising of incomplete or incorrect credentials/information, if any, furnished to it by Users.
Assumption Of Risk:
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Pathshala's Tutor and Student Safety Tips, when interacting with other users
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the "The Arbitration and Conciliation Act, 1996" and before a single arbitrator chosen by CEO and Founder Member of Pathshala. 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 Delhi and arbitration award shall be final and binding on the parties. Each party shall assume its own costs of arbitration.
All the transactions conducted through this Site shall be subject to exclusive jurisdiction of court at Delhi alone.
Pathshala is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond our reasonable control.
You agree that any material breach of the Terms will result in irreparable harm to Pathshala for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Pathshala 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 Pathshala seeks such an injunction.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pathshala via email, regular mail, or posting notices or links to notices on the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Pathshala will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
This Agreement shall be governed by and construed in accordance with the prevailing Indian Laws and the courts in Delhi will have sole jurisdiction over any issue arising out of this Contract.
These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
You may not assign or otherwise transfer the Terms, or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Pathshala or third-party products or services.
The failure of Pathshala to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pathshala. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Pathshala and you hereby irrevocably assign to Pathshala and agree to irrevocably assign to Pathshala all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Pathshala's request and expense, you will execute documents and take such further acts as Pathshala may reasonably request to assist Pathshala to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.