TERMS AND CONDITIONS for using the website
Welcome to WebTutor4u.com (the "Site"). The contents and services of the Site are provided by WebTutor4u (referred as "WebTutor4u", "we," "us," or "our" herein) subject to the following terms and conditions:
READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS SITE
1. Consent Required. Although you are permitted to view some parts of the Site without agreeing to these Terms, your consent to the Terms, is a pre-condition to accessing and/or using most of the contents and services we offer. Following your initial agreement to these Terms, your continued use of the Site will constitute your consent to be bound by the Terms as they may be revised from time to time. See s. 16 for procedures to terminate this agreement.
2. Services Offered. Through the Site, we provide View Sample Question/Answers Service, Submit a Question Service and Book Tuition/Coaching Time Service (these will be collectively referred as as the "Services" in these Terms). Through the Services, we facilitate the exchange of information between student users of the Site (the "Students") and student tutors who have agreed to provide services to WebTutor4u (the "Online Teachers" or "OTs") who have agreed to provide services to WebTutor4u relating to a range of academic subjects. By agreeing to the Terms, you are deemed to have represented and warranted to WebTutor4u that you have attained the age of majority the jurisdiction in which you reside.
3. Jurisdiction. The Services are offered via the Internet to Students located throughout world. The Site is controlled and operated from our office in New Delhi, India. By using the Site, you do so on your own initiative and you are responsible for compliance with local laws. You further agree and acknowledge that these Terms and any dispute in connection with your use of the Site or the Services will be governed by the laws of the Sate of Delhi, India. In the event of any dispute relating to the Site, the Services or the Terms, you expressly consent to the exclusive forum, jurisdiction, and venue of courts in Sate of Delhi, India.
4. Site Contents. This Site contains materials from a variety of sources including materials by Students and OTs. Site contents may be protected by copyright and moral rights as original literary, dramatic, musical or artistic works, including compilations and computer programs. WebTutor4u has designed the Site and will use its best effort to ensure that copyright is not infringed. This results in some limitations on your use of the Site. In some circumstances, Students using the Site may benefit from an exception pursuant to which "fair dealing for the purpose of research or private study" does not infringe copyright.
(a) Questions Not to Infringe Copyright. In using the Submit a Question Service, Students will compose and post questions on academic subjects, on their own. These questions should not infringe copyright or any other right of any third party. WebTutor4u reserves the right to edit questions, as it deems necessary to ensure that copyright and moral rights are not infringed. The responsibility of what is posted as questions is on Students.
(b) Prohibited Content. WebTutor4u reserves the right to revise or delete any question from the Services for any reason whatsoever. Students are deemed to have warranted to WebTutor4u that questions shall not include material that is false, defamatory, abusive, vulgar, hateful, harassing, obscene, pornographic, profane, threatening, or invasive of any person's privacy or intellectual property rights, violates any law or is otherwise inappropriate for the Services. Advertisements, chain letters and other forms of solicitation shall not be included. WebTutor4u may, within a reasonable time frame, and in its sole discretion and at a time of its choosing, determine that a question is inappropriate for the Services and revise or delete it. WebTutor4u reserves the right to reveal information about Students, as WebTutor4u deems advisable, in connection with complaints, legal actions, or bona fide allegations of plagiarism related to use of the Services.
(c) License Granted to WebTutor4u. In agreeing to these Terms and submitting questions to the Submit a Question Service, Students shall be deemed to grant WebTutor4u an exclusive, perpetual, irrevocable, world-wide license to use the question in any way whatsoever, without compensation to the Student. Without limiting the generality of the foregoing, WebTutor4u may reproduce the question in any media and incorporate it in other works such as its database and in study guides or other publications. WebTutor4u's rights herein may be sub-licensed to third parties in the sole discretion of WebTutor4u. Students are deemed to have waived their moral rights, if any, in the questions.
5. Restrictions on Use of Materials. All of the Site contents, such as text, graphics, logos, images, audio and video clips, and software is the property of WebTutor4u and is protected by Indian and international copyright laws. Unless otherwise stated, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, communicated to the public by telecommunication, linked, framed, exploited or distributed by any means whatsoever. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights.
6. Limited License to Use Software. Where users of the Site are permitted to download software in connection with the Services, such software, including any files or images incorporated in or generated by the software and any data accompanying the software (collectively, the "Software") is merely licensed to you by WebTutor4u or others. This license is personal, non-transferable and non-assignable. Title to the Software is not being transferred to you. Although you own the medium on which the Software is recorded, WebTutor4u, or others, retains copyright in and title to the Software and all other intellectual property rights therein. You shall not reproduce, redistribute, sell, decompile, reverse-engineer or disassemble the Software.
7. Trade Marks. WebTutor4u™ is a trade mark of WebTutor4u. Other trade marks or trade names contained or referenced on the Site may be the trade marks or trade names of other owners.
8. Fees and Payment.
(a) Fees. WebTutor4u reserves the right to revise its fee schedule from time to time. Such amended schedules will be posted on the Site.
(b) Payment through Service Provider. All payments to WebTutor4u relating to your use of the Services shall be by credit card or other online payment system provided by third party service providers selected by WebTutor4u. Currently, such payments shall be made through the services of PayPalTM ("PayPal"). For further information, see their Internet web sites at www.paypal.com. Currently, through these third party service providers, the following credit cards may be used to pay for WebTutor4u services: VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER. PayPal is solely responsible for all aspects of all credit card transactions, including those relating to privacy and security. Prior to using the Services, you should review privacy policy of PayPal. Information may be obtained from the their website as listed above.
9. No-Refund. WebTutor4u makes no guarantee that the server on which site is hosted on will be working and you will be able to access or view your response once you have paid. In case you are not able view response due to any reason or use the website due to any reason, you will not be paid back the money. If you are not satisfied with the answer you will not be paid back the money. Under no circumstances will WebTutor4u pay the money back or refund the money to students. WebTutor4u may delete response to your question after 5 days from its website.
10. Links to Other Sites. The links contained in the Site enable you to leave the Site and connect directly to the sites of others. Such linked sites are entirely independent of the Site. WebTutor4u provides such links only as a convenience. Links do not imply WebTutor4u's endorsement or approval of or any affiliation between WebTutor4u and such site's provider, or the information, products or services made available through the linked site.
11. Disclaimer. Unless otherwise provided, the contents of the site are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, WebTutor4u, its affiliates and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Any information contained in the site or any site with which it is linked. WebTutor4u, its affiliates and licensors do not warrant the functions, information or links contained on the site or that its contents will meet your requirements, that the site, or its contents, are fit for any particular purpose or that the operations of the site or its contents will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses, worms or other harmful components. WebTutor4u, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the materials and/or services provided by or through the site in terms of their correctness, accuracy, reliability, security or otherwise. You (and not WebTutor4u) assume the entire cost of any necessary servicing, repair or correction that may result from your use of the site.
12. Limitation of Liability. Under no circumstances, including, but not limited to negligence, shall WebTutor4u, its subsidiaries or affiliated companies or licensors or their directors and officers, be liable for any special or consequential damages that result from the use of, or the inability to use, the Site, even if WebTutor4u has been advised of the possibility of such damages. In no event shall WebTutor4u'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 the amount paid by you, if any, for using the Site or the Services.
13. Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify and hold WebTutor4u, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of either (a) your breach of any provision of these Terms or (b) your use of the Site and its contents. WebTutor4u reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
14. Severability. If any provision of these Terms shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions of these Terms.
15. Amendments to Terms. WebTutor4u reserves the right to make changes to this Site and to modify these Terms at any time. You should review these Terms on a regular basis. Your continued use of the Site following amendments to these Terms shall constitute your acceptance of them.
16. Termination. These Terms are effective until they are terminated by WebTutor4u or by you. These Terms will terminate immediately without notice from WebTutor4u if, in WebTutor4u's sole discretion, acting reasonably, you fail to comply with any material provision or these Terms, including those relating to the content of questions, or if WebTutor4u reasonably believes that you have violated any applicable law or have acted contrary to the interests of the Site, WebTutor4u or any of its affiliates or associates. Upon termination of this agreement, for any reason whatsoever, you agree that you will continue to be bound by the following provisions that shall survive termination: sections 3, 4, 5, 6, 9, 10, 11, 12, and 13.
17. Privacy and Security. By agreeing to these Terms you recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your use of or communications via the Site can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) WebTutor4u and any other persons involved with the Site may make changes in the contents of the Site at any time without notice; (v) WebTutor4u shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an "as is" basis and is strictly at your own risk. As payments for the Services are made through third party Service Providers as described in s.8 (b) above, you should review their privacy and security policies, at http://www.paypal.com. In agreeing to these Terms, you recognize and agree that although the security efforts of WebTutor4u, the Service Providers and its other partners are generally consistent with standard industry practice, your complete privacy, confidentiality and security associated with any communications between us is not possible over the Internet, and therefore cannot be guaranteed. As a result, WebTutor4u shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.
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