Last Updated: April 09, 2020
MyFavTutor is an online platform for connecting tutors with students / parents. This document contains the various terms and conditions that must be adhered to in order to avail the services offered by MyFavtutor.
We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time and each such change shall be effective immediately upon posting. Please check these terms periodically for changes. your continued use of this site following the posting of changes to these terms will mean you accept those changes.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
You are responsible for your acts and omissions. Site is only a venue to connect Students and Tutors, in the event that you have any dispute with other user, you release MyFavTutor (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As independent contractors hired by Students, Tutors or representative of the institutes control the methods, materials and all aspects of the lessons.
We (MyFavTutor) only support the Tutor or Institute decisions and choices that you make. These decisions and choices are yours. We cannot make decisions for you. We only help you to find good Tutor and connect with Tutors. On our Site you can ask and find informational questions and related educational answers by Tutors. Students are responsible for selecting the right tutor or institute for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
The information provided in MyFavTutor, regarding tutors, coaching centers, institutes, courses, etc. has been compiled by assimilating data from various educational websites, which are available in the public domain. The details provided are for general information only. We update the data regularly to ensure that the information you receive from our website is accurate. For additional requirement of education related information displayed in our website, we recommend you contact the respective institutes.
MyFavTutor controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. MyFavTutor services may not be available in your location, and available services may vary among locations. In addition, MyFavTutor will attempt to deliver all correspondence sent via the Site's messaging system. MyFavTutor does not, however, guarantee delivery of all messages.
MyFavTutor reserves the right to withdraw or modify aspects of the MyFavTutor service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the MyFavTutor service becomes inaccessible as a result of technical difficulties experienced by MyFavTutor or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein. You agree: (a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data and any information you provide to MyFavTutor, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. . Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
You may submit feedback regarding your experiences with Tutor or Institutes on our Site or Mobile Application, submit inquiries concerning possible educational needs and to participate in the other interactive and community features of the Site (collectively "Submitted Content"). It is important that you act responsibly when providing Submitted Content. In providing feedback, please give clear, honest information about the Tutor or Institute and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor or Institute may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
You acknowledge and agree that by submitting the Submitted Content to us, you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution, (ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof. You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.
With respect to Submitted Content, you acknowledge, warrant and agree that:
You are permitted to post only one Submitted Content regarding the same Tutor or Institute, entity, procedure or subject during any thirty day period.
We reserve the right to publish your Submitted Content as part of the Service and to also to remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.
We do not provide the Submitted Content on the Site. It is users of the Site provide Content on the Site. The Tutor or Institutes determine which questions to answer; they are not employees or agents of MyFavTutor but are independent service providers using the Site to provide their expert knowledge to users of Site.
We are not involved in any conversations between users and does not refer you to or endorse or recommend particular Tutor or Institutes. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content on Site. We shall not be liable for any acts or omissions of Tutor or Institutes, Content, the ability of Tutor or Institutes to answer questions or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.
By using the Site, you understand and agree that MyFavTutor may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that MyFavTutor 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 MyFavTutor to verify the above representations and warranties by you and you acknowledge and agree that MyFavTutor 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 MyFavTutor 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 preceding paragraph notwithstanding, you understand and agree MyFavTutor does not conduct background checks of any User. You also understand and agree MyFavTutor neither confirms nor denies the validity of information provided by Users and that MyFavTutor 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.
MyFavTutor expressly disclaims, and you expressly release MyFavTutor 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.
MyFavTutor reserves all of its rights to remove anything objectionable to MyFavTutor in its sole discretion. Alleged improprieties by any User may be reported to MyFavTutor by email at email@example.com.
MyFavTutor may at its sole discretion revise or change the subscription rates without any prior notification. Refunds will be made at the sole discretion of MyFavTutor. Please click here to read more.
MyFavTutor may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). MyFavTutor does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. MyFavTutor does not independently verify information in the consumer reports.
You hereby consent to MyFavTutor collecting, using and disclosing the information in the consumer reports. You understand and agree that MyFavTutor 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 MyFavTutor 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. MyFavTutor reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in MyFavTutor's sole discretion.
You may obtain direct access via the Site to certain confidential information of MyFavTutor 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 MyFavTutor 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 MyFavTutor, 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 MyFavTutor adequate to afford MyFavTuror the opportunity to object to the disclosure.
You understand and agree to abide by MyFavTutor’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through MyFavTutor.
MyFavTutor 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 MyFavTutor shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
MyFavTutor 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 MyFavTutor 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. MyFavTutor 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-MyFavTutor advertisers on the Site.
MyFavTutor may run promotional and advertisement campaign on other social media websites such as Facebook, LinkedIn, Instagram, Pinterest, Twitter etc. and various print and digital media as it may deem suitable. MyFavTutor, at its discretion, may decide to use a Tutor's profile photo, name and your other details except your contact details and documents.
Placement of information, logos, links or names of Tutor or Institutes or any other third party entities on the Site does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold MyFavTutor harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and MyFavTutor or between any User including Tutor or Institutes or any other third party entities and MyFavTutor by formation of this Agreement or by your participation on the Site.
We do not control the information provided by Tutor or Institutes or any other third party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive.
You are responsible to evaluate the accuracy, completeness and usefulness of any opinion, answer or other content available through the site, from third parties or obtained from a linked site. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, answer, product, service, or other content.
We send various text message and PUSH notifications for new student messages, new message reminders, job opportunities and more ("Text Message Program"). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
MyFavTutor reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile).
The site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. You understand and agree that MyFavTutor has no control over the acts or omissions of any user and that MyFavTutor makes no representations or warranties about the quality of the services provided by any user. You understand and agree that MyFavTutor is not responsible for the performance or conduct, whether online or offline, of any user of the site. As such, MyFavTutor 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.
Users of the site transact between themselves. MyFavTutor will not be involved in any user interactions. MyFavTutor is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction.
You understand and agree that MyFavTutor has no control over the acts or omissions of any user on or off the site and that MyFavTutor makes no representations or warranties about the quality of the services provided by any user. You understand and agree that MyFavTutor is not responsible for the performance or conduct, whether on or off the site, of any user. As such, MyFavTutor expressly disclaims, and each user expressly releases MyFavTutor 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, MyFavTutor 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 MyFavTutor 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. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall MyFavTutor'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 MyFavTutor or a MyFavTutor partner, if any, or (b) inr 5000 (whichever is less).
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 MyFavTutor’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 and Institute conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration then in effect and before a single arbitrator chosen by MyFavTutor. 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 Kolkata, West Bengal and judgment of the arbitration award may be entered into any court having jurisdiction thereof. MyFavTutor may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata, West Bengal, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to MyFavTutor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, MyFavTutor 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 MyFavTutor seeks such an injunction.
MyFavTutor may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. MyFavTutor reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. MyFavTutor may also delete, or bar access to or use of, all related information and files. MyFavTutor will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. MyFavTutor may amend these Terms at any time by posting the amended terms on this Site.
This Agreement shall be governed by and construed in accordance with Indian laws, without regard to choice of law rules.
Any 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 Kolkata, West Bengal and judgment of the arbitration award may be entered into any court having jurisdiction thereof. MyFavTutor may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata, West Bengal, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
These Terms constitute the entire agreement between you and MyFavTutor relating to their subject matter, and cancel and supersede any prior versions of the Terms. 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 MyFavTutor or third-party products or services.
MyFavTutor does not allow any tutor bureau to register in our website. No Individual tutor or tutor bureau is allowed to offer such services through our website. If such an act or attempt is found out, that particular membership will be deleted immediately without any refund.
Referral Program : The Referral Program of MyFavTutor is a system for individuals sign up and earn incentives by referring their Tutor Friends to MyFavTutor and convince them to complete their profiles and pay a subscription fee.
Referrer : Also called a Direct Referral, Reseller or an Affiliate, a Referrer is an individual who creates an account at www.myfavtutor.in, with the intent of referring his / her contacts to MyFavTutor by way of sending referral invitation.
Referral : A Referral is a friend / acquaintance / relative / contact whom a Referrer has invited through MyFavTutor portal to come and Sign Up as a Tutor. Thus, by definition, a Referral needs to be a Tutor who is not already a registered member of MyFavTutor.
Down Line: When a Tutor you (Referrer) have referred (your Referral) signs up and sends invitation to his / her own contacts and they register, they become your ‘Down Line’. You earn incentives when your Referrals as well as Down Lines register and pay for their subscription.
Subscription : When a Tutor signs up at MyFavTutor, he / she needs to pay a certain amount be become an “active” member of the portal and start getting contacts from students. This is known as a Subscription for the Tutor. There are various plans for Tutors and the Subscription Fee and duration may vary from time to time.
Incentive : When you ( refer a Tutor friend and he / she signs up at MyFavTutor and pays for a Subscription, you are entitled to a Commission, which is also called Incentive. Incentives are earned even when a Down Line signs up and pays. The structure and system of earning Incentives is explained later in the document.
When you invite friends to MyFavTutor, you can earn incentives (commissions) when they complete their registration and subscribe to a paid plan.
When you invite friends to MyFavTutor, you can earn incentives (commissions) when they complete their registration and subscribe to a paid plan. Here is how it works.
These are the Referrals whom you have invited to join MyFavtutor
A Down Line Referral is a Tutor who has been referred by one of the Tutors whom you referred or someone down the line. For Down Line Referrals, you earn incentives up to 3 levels.
Referral accounts will be automatically closed if