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TERMS AND CONDITIONS

These terms and conditions (“Terms”) govern the use of services made available on or through otootuitions.com and/or the OTOO Tuitions mobile app (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). These Terms also include our privacy policy, available at otootuitions.com/privacy-policy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms concerning applicable Services, the Supplemental Terms will prevail. 

  • OWNERSHIP

www.otootuitions.com is owned and operated by OTOO Learning Private Limited, a company incorporated under the Companies Act, 2013 having a Corporate Identification Number U80902RJ2022PTC084179, and the registered office at 76, Shree Nath Nagar, Haldighati Road Jaipur, Rajasthan.

The company is engaged in the business of providing education consultancy services and is the sole author and publisher of the internet resource www.otootuitions.com. 

  • SERVICE

www.otootuitions.com is a platform that connects teachers and students for home tuition i.e. when a student needs educational assistance and he/she is unable to find any teacher who can provide such assistance then by availing the services of www.otootuitions.com the student can easily get the desired assistance and vice versa. 

Account Creation - 

You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers and services from us and our third party partners, and (iv) any other matter about the Services.

OTOO does not hold any responsibility for any mishap that may happen from either party. OTOO is just a connecting platform for teachers and parents; anything unrelated to our services will not be entertained by the company or its associates.

  • 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. 

  • Consent To Collect and Use Data  

(a)You agree that we may, by our Privacy Policy, collect and use your personal data. The Privacy Policy is available at www.otootuitions.com and it explains the categories of personal data that we collect or otherwise process about you and how we process such data.

(b)In addition to any consent you may provide under the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third-party service providers. We may use information and data about your use of the Services for the provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.

(c)Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data about you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

OTOO may use cookies to remember your choices and some data field contents that you would be required to fill in. 

  • Customer Conduct

(a) OTOO prohibits discrimination against Tutors, Parents, and Students based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept OTOO services based on any of these characteristics.

(b) We request that you treat all OTOO Tutors with courtesy and respect and that you provide them with a safe, clean, and appropriate location for tutoring. OTOO Tutors shall be entitled to refuse to provide tutoring services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner that is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to OTOO Services at our absolute discretion if you behave towards any OTOO Tutor in a manner that is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.

(c) You agree that you will be liable for discriminating against OTOO Tutors, or parents, or students based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. 

(d) You agree that in the event of misconduct where an OTOO Tutor, Parent, or student behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to info@otootuitions.com at the earliest but in any event within 48 (forty-eight) hours of such incident.

  • Permission and Rights 

You may not make any content item originating from OTOO available for public access by any means whatsoever without obtaining prior written permission from OTOO. If found guilty, legal actions shall be taken.

No user shall be permitted to perform any of the following prohibited activities while availing our Services:

  1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Stalking, intimidating, and harassing another and inciting another to commit violence;
  3. Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice;
  4. Interfering with any other person’s use or enjoyment of the application/website/services;
  5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You shall not use the OTOO Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

(i) Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;

(ii) Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the OTOO Services;

(iii) Use the OTOO Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programs, or similar computer code, designed to affect the operation of any computer software or hardware adversely; 

(iv) Use any robot, spider, other automated devices, or manual process to monitor or copy the OTOO Services or any portion thereof;

(v) Engage in the systematic retrieval of content from the OTOO Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;

(vi) Use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms. 

(vii) Decompile, reverse engineer, or disassemble the OTOO Services. 

(viii) Link to, mirror, or frame, any portion of all or any of the Services; or

(ix) Violate applicable laws in any manner. 

(D) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.

(E) In any circumstances, if a tutor, parent, or students bypass the company and its guidelines and make a deal, pact, agreement, or any kind of relation without any official information to the company, then in that case, The company is not liable and responsible for any situation there arises. Also, the company would not be a part of any legal help or assistance. 

  • In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. 
  • In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from the User is most welcome to make the Application and contents thereof error-free and user-friendly. The Company reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. 
  • Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Application/Website/Services/products for any particular purpose. 
  • You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the OTOO service, such activity is solely between you and the applicable third party. OTOO shall have no liability, obligation, or responsibility for any such activity. You hereby release OTOO from all claims arising from such activity.
  • You may not modify, reproduce, distribute, create derivative works of, publicly display, or in any way exploit, any of the content, software, and materials available on the OTOO site or OTOO services in whole or in part except as expressly provided in OTOO’s policies and procedures. Except as expressly and unambiguously provided herein, OTOO and its suppliers do not grant you any express or implied rights, and all rights in the OTOO service not expressly granted by OTOO to you are retained by OTOO.
  • Your registration as a member of OTOO or the use of any of the features and services on OTOO, either as a registered member or as a visitor constitutes automatic acceptance of these terms and conditions.
  • OTOO reserves the right to update the terms, conditions, and notices of this agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement.
  • The user must be 18 years or older to register, use the services, visit, or use the website in any manner. By registering, visiting, and using the website or accepting this agreement, the user represents and warrants to OTOO Learning Private Limited that he or she is 18 years of age or older, and that he or she/he has the right, authority, and capacity to use the website and the services available through the website, and agree to abide by this agreement.

The consideration under this service transaction will be in the following nature:

  1. For Company: The receipt of the company will be 40% (forty) of the total first-month fee.
  2. For Teacher: After successful completion of the first month the teacher will receive the rest of the 60% (sixty) amount.
  3. For Student: The student will have to pay 40% (forty) of the total fee to the company as advance but only after the demo and 60% (sixty) to the teacher after the successful completion of the first month.

  • Our Intellectual Property

(a)All rights, titles, and interests in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Services under these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by OTOO or OTOO’s licensors. 

(b)We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

(c)Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or license to, our or any third party’s intellectual property rights.

  • Indemnity 

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the OTOO Services, use of the OTOO Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.

  • SEXUAL HARASSMENT

Users shall not under any circumstances get themselves engaged in any acts of sexual harassment. Sexual harassment is sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual, that occurs in connection with activities or roles that are offensive or create a hostile workplace or educational environment.

  • TERMINATION

OTOO Learning Private Limited has the exclusive right to restrict any user from accessing the website and to provide services with or without notice and to exercise any remedy available under law, in case of:

  • Breach of any terms and conditions of the agreement;
  • Reporting by the third party of any violation;
  • Unable to verify the authenticity of the information provided;
  • On sole discretion based on suspicion of wrong information.

  • DISPUTE RESOLUTION

If a dispute arises between the company and the users the parties at this moment agree to resolve any claim or controversy arising henceforth by legal and equity means that arises out of the Terms of Use or the Website/App following the Arbitration and Conciliation Act, 1996 or as otherwise agreed between the parties in writing. Before resorting to the filing of a formal lawsuit, the company strongly encourages the users to directly seek a resolution via email at info@otootuitions.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • CONFIDENTIALITY

You may obtain direct access via the site to certain confidential information of OTOO 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 rights, title, and interest in the Confidential Information remains with OTOO and its affiliates.

The Terms impose no obligation upon you for Confidential Information that you can establish by legally sufficient evidence: (a) you possessed before your receipt from OTOO, 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 OTOO adequate to allow OTOO to object to the disclosure.

If You do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail of the Services or products. Any access to our Services/Applications/products through registrations/subscriptions is nontransferable.

Terms and Conditions for Parents/Students - 

OTOO Learning Private Limited may by its Services, collect information relating to the devices through the student’s access to the Website/App, and anonymous data usage. The collected information will be used only to improve the quality of OTOO tuition services and to build new services.

• To check the authenticity of the information provided by the student, OTOO Learning Private Limited has the right to use the prescribed and legal means including one-time password verification at the time of registration on the website/app.
• A student or parent undertakes to register for the OTOO service, always using accurate and current information about himself/herself - including name, email ID, mobile number, etc.
• Students must pay all tuition fees to the tutor directly. OTOO does not facilitate any system of payment for students or tutors.
• Students or parents should understand that tutors are not our employees and we cannot take responsibility for verifying their backgrounds and behaviors. OTOO is an online platform where tutors can advertise their services.
• No tutor can guarantee good grades; therefore, parents and students cannot demand a refund for the services based on the grades. 
• Student is expected to conduct himself in a student-like manner which is generally expected and regarded as ideal student behavior prevalent everywhere.
• OTOO would not be liable to offer any compensation or damages of any nature to students if OTOO deactivates a tutor account or if a tutor discontinues /chooses not to extend tutor sessions. However, you can reach out to us through our help box to guide you in the situation for further convenience.
• Students should take enough care and make an intuitive decision before taking up an assignment to avoid any kind of repercussions. OTOO would not be responsible and liable for any such unforeseen and unfortunate event including but not limited to bodily injury, sexual or mental harassment of any nature, if any.

To the generality of the above, OTOO Learning Private Limited will not be liable for:

1. Any wrong teaching quality being taught by the teacher, or any negligence on the part of the teacher(s);
2. Any type of inconvenience suffered by the student due to a failure on the part of the teacher to provide agreed services or to make himself/herself available at the appointed time, no show by the teacher, inappropriate treatment, or similar difficulties;
3. Any misconduct or inappropriate behavior by the teacher or the teacher’s staff;
4. Any eventualities that might occur subsequently to use the services of a teacher, whom the student has selected based on the information available on the Website/App or with whom the user has agreed on tuition through the Website/App.
 
OTOO Learning Private Limited holds no responsibility, and shall not be liable for, any damages to, or viruses that may infect the student’s equipment on account of the student’s access to, use of, or browsing the Website/App or the downloading of any material, data, text, images, video content, or audio content from the website/app. If a student is dissatisfied with the Website/App, the student’s sole remedy is to discontinue using the Website/App.

Terms and Conditions for Tutors 

• Tutors are bound to show proof or disclose their qualification details to the reasonable satisfaction of the student or parent party before entering into a tuition engagement and also if and as requested by them, later.
• To check the authenticity of the information provided by the teacher, OTOO has the right to use the prescribed and legal means including a physical check of documentation of education of the teacher.
• If a teacher provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or OTOO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OTOO Learning Private Limited has the right to discontinue the Services to the teacher at its sole discretion.
• A Tutor agrees and understands that he/she is not an employee of OTOO and accepts full responsibility for all Income Tax and other amounts payable concerning any fees generated from a tuition contract with the Student or Parent through the Site. We do not issue any working experience certificates to our registered members.
• A Tutor will not include personal email, contact numbers, etc. in the form fields like Tutoring Experience, Tutoring approach, or other topics. Adding contact details except in specific fields is not acceptable under any condition. If Tutor violates this condition, OTOO may in its discretion suspend or terminate the account of such Tutor.
• A Tutor understands and accepts that details entered by them on the website/app will be publicly visible and may appear in search engines (Google, Yahoo, Bing, etc.) results.
• A Tutor will accept full responsibility for the hourly rates or prices quoted by them for their services and presented in exact detail on the website or app.
• A Tutor warrants that he/she is, at least, eighteen years of age, and has the lawfully necessary educational qualifications and/or experience to provide tuition in the subject/s specified by the Tutor on the Site.
• OTOO does not guarantee to secure a Tutor for a Student or ascertain any tuition fees on behalf of any tutor or student. We do not guarantee the number of total inquiries/business that a Tutor will receive during their subscription period.
• Tutor is expected to conduct himself/herself in a teacher/coach-like manner which is generally prevalent and acceptable in a teacher and student-like relationship.

Without prejudice to the generality of the above, OTOO will not be liable for:

1. No payment of fees by the student or his/her parents.
2. Any type of inconvenience suffered by the teacher due to a failure on the part of the student, no-show by the student, inappropriate treatment, or similar difficulties;
3. Any misconduct or inappropriate behavior by the student or his/her parents;
4. Any eventualities that might occur subsequently to provide the services of a teacher.
• After successful registration on the website, the teacher has to provide the entire documentary pieces of evidence regarding his/her identity, address, and educational and professional proof.
• It will be the responsibility of OTOO Learning Private Limited to arrange a meeting between the teacher and student as soon as possible at such a time date and place mutually decided between both parties. For such an arrangement, OTOO Learning Private Limited can use any means of communication and contact information provided by both parties to contact and arrange the same.
• After successful interaction and mutual discussion between both parties, the teacher will be liable to give a trial or demo class free of cost to the student.
• After the demo, if both parties are satisfied and all discussions about the consideration and time duration have been done, then parents will have to pay a certain amount of 40% (forty) of the total 1 (one) month fee to OTOO Learning Private Limited by provided mode of payment.
• The rest 60% (sixty) amount will be paid by the parents to the teacher after the completion of 1(one) month and the parents will be liable to pay 100%(One Hundred) fees to the teacher from the completion of the second month and so on to the completion of the term of tuition.
In no case, any amount from the 40% of the company's amount is payable to the tutor and the tutor holds no say in demanding any sort of fee from the company's amount. 
• All tuitions posted on our site are verified to the best of our knowledge. If the student or parent does not disclose any information beforehand, OTOO will not be responsible for the same.
• The teacher has the right to deny the arrangement after the demo on valid grounds.
• Students or their parents have the whole and sole right to check the background of the teacher arranged by OTOO Learning Private Limited. They also have the right to demand the ID and address proofs of the teacher. If the student demands so, then the teacher is liable to show them all the documents.
• If in case, after a successful demo and consent of both parties, the student in the future wants to replace the teacher without valid reason then the teacher will have to teach that student for at least 1 month from the completion of the demo and will get the payment of that 1 month from the said 60 (sixty) % of the payment.
• If in case, after a successful demo and consent of both parties, the teacher misbehaves or absents himself/herself from the tuition without any valid reason or has done something wrong with the student, which cannot be tolerated, the student has the right to cease tuition under the teacher and after such cessation, the teacher will not get any amount or fee.
• If the teacher absents himself from the tuition with a valid reason then he has the responsibility to cover the entire course with additional time.
• In response to the feedback of Students posted on the website/app, a Tutor shall not, in any way, show disrespect towards a Student or his/her family.
• A tutor and a tutorial center hereby acknowledge that OTOO is not liable to the Tutor for reimbursement of any fees decided upon as a result of these Terms in the event of any cancellation of any Contract or Tuition for any reason.
• OTOO Learning Private Limited is not involved in any kind of interactions that take place between the tutors and students, and hence, is not liable for any dispute, disagreement, misinterpretations, or arguments arising between the parents/students and the tutors. The parents/students and the Tutors are however free to take feedback and suggestions from us to solve the issue amicably.

OTOO Learning Private Limited assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the teacher’s equipment on an account of the teacher’s access to, use of, or browsing the Website/App or the downloading of any material, data, text, images, video content, or audio content from the Website/App. If a teacher is dissatisfied with the Website/App, the teacher’s sole remedy is to discontinue using the Website and OTOO Tutor app.

  • Pricing, Fees, And Payment Terms

OTOO reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform. 

(ii) OTOO shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for OTOO Services through credit cards, debit cards, net banking, wallets, UPI, or cash upon completion of the Service. We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method. 

(iii) The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Service, as specified by OTOO.

(iv) For the avoidance of doubt, please note that the Charges are payable to OTOO Tutors, and OTOO acts as a limited collection agent on behalf of OTOO Tutors to collect and transfer amounts due to them.

(v) Taxes: All Charges and Fees are inclusive of applicable taxes.

(vi) OTOO reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.

(vii)Charges and Fees that you pay are final and non-refundable unless otherwise determined by OTOO or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure to provide the Services.

(viii)You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. OTOO will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the OTOO Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.

Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited under the terms of the Payment Processor.

Cancellation: You may elect to cancel your request for services from a Service Professional at any time before such Service Professional’s arrival, in which case you may be charged a cancellation fee as per OTOO’s cancellation policy. OTOO reserves the right to charge you, or otherwise deduct applicable taxes in respect of such cancellation fee.

Subscriptions: OTOO may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide Customers with additional benefits, which may include the ability to avail discounted Services. You agree that subscription packages (howsoever named) shall be subject to additional terms and conditions. You acknowledge that such subscription packages will be subject to additional terms and conditions that will be deemed to be an integral part of these Terms.

OTOO does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by OTOO to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for Pro Services is not intended to suggest that OTOO provides any additional payments to Service Professionals. You understand and agree that while you are free to provide additional payment as a gratuity to any Service Professional who provides you with Services, you are under no obligation to do so. Gratuities are voluntary.

For any queries, feel free to reach out to us at info@otootuitions.com. 
Corporate Address - Corporate Address: S-5, Sector 5, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur. 

THE SITE, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL OTOO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR 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.

OTOO MAKES NO WARRANTY THAT THE SITES, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

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