These Terms and Conditions (“Terms”) apply to all websites, services, software, and mobile applications provided by TutorsInc Ltd. (“Tutors Inc”, “we” or “our”), including the website www.mytutorsinc.com
The website and all applications are collectively hereinafter referred to as the “Website”.
TutorsInc is an online educational platform with the objective of providing education and educational resources and tools through the use of technology to Users, Customers and Teachers such as virtual lessons, video tutorials/lessons, online assessments etc.
2.1 “Content” means all information, designs, tools, documents, exercises, resources and educational and non-educational material in audio, visual or textual format that is hosted on the Website.
2.2 “Customer” means any person who makes any purchase to use the services of a Teacher or any Product using the Website;
2.3 “Lesson” means audio, video or text lectures and learning resources delivered through the Website by Teachers to Users using virtual classrooms;
2.4 “Member” means any person, whether a Customer, Teacher or User who completes the TutorsInc membership registration process and opens a personal profile on the Website.
2.5 “Product” means any physical or virtual good, including software capable of being expressed, transmitted and/or used in whatever format that is made available for sale on the Website by TutorsInc or by other means to Customers.
2.6 “Service” means any educational or learning resources delivered online through the Website available for sale to Customers;
2.7 “Teacher” means any person described as a “Teacher” on the Website delivering academic resources and/or any Lesson or Content through the Website; and
2.8 “User” means any person who accesses and/or uses the Website whether or not such person purchases any of the Products and/or Services on the Website;
3. Member Profile and Use of Services and Products
3.1 All Users of the Website desirous of qualifying as a Teacher or Customer with TutorsInc must complete the Member registration process contained on the Website by providing full disclosure of material information and accurate, up-to-date required personal information;
3.2 In case of underage minors, guardians of the said minors may complete the Member registration process;
3.3 The use of any of the Products or Services contained on the Website offered by a Teacher to a Customer amounts to a contractual relationship between the said parties and does not amount to a contractual relationship with TutorsInc and either the Teacher or Customer;
3.4 The role of TutorsInc is limited to that of an online platform providing the necessary tools and resources for Teachers to offer Lessons, Products and Services to Customers. The relationship between TutorsInc and Teachers and/or Customers is not one of principal-agent, employer-employee or of a similar nature and TutorsInc fully excludes all responsibility and liability arising from any negligent or illegal acts or omissions committed by the Teachers and/or Customers towards each other.
3.5 TutorsInc shall undertake a review and assessment of the profiles and information submitted by Teachers and verify their accuracy to approve them for the courses and Lessons as determined appropriate by TutorsInc or alternatively may reject them as a Teacher altogether at the sole discretion of TutorsInc. Decisions taken by TutorsInc in this regard shall be final.
3.6 Upon request of enrolment into any Lesson or request for purchase of any Product and/or Service by a Customer, TutorsInc reserves the right to accept or refuse such request as it deems appropriate.
3.7 TutorsInc reserves the full authority to allocate a Customer and/or a Teacher or vice versa, as it deems appropriate to a course or Lesson of its choice.
3.8 The Customer must make full payment of the advertised course within 3 (three) days of making the request for enrolment, failing which TutorsInc shall be at liberty to cancel the request for enrolment.
3.9 Confirmations of enrolment into a course or Lesson shall be sent by email and/or text message on mobile phone (depending upon the selection by the Customer on the Website) from TutorsInc to the concerned Customer.
3.10 All payments for Products, Services and Lessons must be paid by the Customer using the payment portal available on the Website. The payment portal/gateway service provider shall remain liable for processing of the payments and TutorsInc shall not be held liable for the failure and/or technical faults, errors and/or consequential losses arising from a defect in the payment gateway.
4. Intellectual Property
4.1 All rights, including copyright, in relation to and arising from Products, Services and Content in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.
4.2 The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of TutorsInc protected by copyright as a collective work under the applicable copyright laws. TutorsInc owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download/print/save copyrighted material, if provided and expressly permitted by TutorsInc, for your personal use only (subject only to gaining lawful access to the same). Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of TutorsInc. is permitted. If copying, redistribution or publication of copyrighted material is expressly permitted by TutorsInc in writing, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
4.3 You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with TutorsInc shall not be deemed to be in the public domain but rather the exclusive property of TutorsInc., unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of TutorsInc., unless otherwise stated. TutorsInc. does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
4.4 Users are prohibited to access or attempt to access or modify, alter, delete or destroy any information hosted on TutorsInc website and/or its servers and/or network of TutorsInc. Any attempt to commit such prohibited act whether directly or indirectly is liable to civil and criminal sanctions and legal action by TutorsInc.
5. Security and Personal Information
TutorsInc reserves the right to disclose, share or transfer information relating to any User of the Website to law enforcement agencies and/or relevant government authorities for the purposes of any criminal investigation, trial or security concern raised by any authority of the Government of Bangladesh or in any competent court of law or tribunal or for the purposes of any regulatory compliance that may require TutorsInc to extend cooperation and/or disclose such information to the concerned persons.
7. Governing Law
TutorsInc is governed by the laws of Bangladesh. Users agree that Bangladesh courts will have jurisdiction over any dispute or claim relating to the use of the Website or any Services or products offered by TutorsInc.
8. Refund Policy
8.1 In an event where any of the Users are unable to avail or use any of the paid/chargeable Services of the Website, the User is entitled to place a written complaint and/or request for refund to TutorsInc with a copy of proof of payment issued for the Service. TutorsInc will investigate into the matter and shall provide the User with the option to obtain a full refund for the said Service.
8.2 All requests for refund must be made within 7 (seven) days of making the payment and shall be dealt by TutorsInc in accordance with any specific provisions on cancellation policy in the specific course/Lesson.
8.3 TutorsInc shall process all requests for refund with a decision within 15 (fifteen) working days from receipt of such request. If TutorsInc takes the decision to refund the payment, such refund shall be effected within 10 (ten) working days of reaching the decision.
8.4 No refunds shall be made for cancellations/cancellation requests made after completion of the relevant course/Lesson. TutorsInc reserves the right to provide refunds on a pro-rata basis for courses/Lessons partially completed/consumed by the Customer.
8.5 If TutorsInc is unable to provide a course/Lesson, it shall refund the Customer for the respective payments made for that course/Lesson or specific part of the course/Lesson.
9. Validity of Prices and Offers
9.1 All prices, offers including any discounts or promotional offers that are provided on the Website by TutorsInc may be subject to a specific period of time.
9.2 TutorsInc reserves the right to increase, decrease or otherwise modify the prices of any products and/or services and/or extend or reduce the duration of any at any time at its discretion with immediate effect to the Users.
Users agree to indemnify TutorsInc as well as its officers, authorized representatives, employees, agents, from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms (including negligent, wrongful or other unlawful conduct).
11.1 TutorsInc may collect personal and other types of information from Users. It is a condition that the use of the Website assumes that the User consents and authorizes TutorsInc to collect and use this information for lawful purposes. TutorsInc also reserves the right to disclose the collected information with any other person for the purposes of administering, supporting and maintaining the Website and the Services provided herein, as well as for improving the Website and Services, for example by using the information for research, marketing, product development and planning purposes.
12. Behavioural Policies
12.1 Teachers must construct a course according to the Customers needs and level of skill and knowledge;
12.2 The Teacher must be punctual and professional in delivering courses and Lessons.
12.3 Teachers and Customers must be professional and respectful in all their dealings and interactions with each other.
12.4 Teachers and Customers shall endeavour to resolve any disputes and/or conflicts between themselves amicably in the first instance.
13.1 TutorsInc reserves the right to, at its discretion, modify or change the scope and material contained in its Services and Content, including the price and other terms of the Services provided to the Users without prior notice to the Users.
13.2 TutorsInc is not liable to refund money or provide any compensation or damages if a User is barred from using the Website or any of the Services of TutorsInc for any reason.
13.3 TutorsInc holds the right to withdraw any Content/Services or revoke the right of any User from using the Website.
13.4 TutorsInc is not liable for any injury, claim, liability or damages arising out of, any error or omission on the Website or any of the third party links accessed through the Website.
13.5 TutorsInc shall not be held liable for any disruption to the Website or any of the Products, Services or Lessons caused due to force majeure events.
13.6 All Users are prohibited from posting any illegal, offensive or defamatory content on our Website. Any such content posted on the Website is neither endorsed nor supported by TutorsInc and TutorsInc shall not be held responsible for the same. Civil and/or criminal actions may be brought against Users who are in violation of this clause.