HashLearn Now Tutor Terms of Service
Hash Education Pvt. Ltd. (“HashLearn Now”, “our”, “us” or “we”) provides HashLearn Now, an online platform that connects tutors with individuals seeking tutoring services and other services related thereto (collectively, the “Services”) through our website, accessible at now.hashlearn.com (the “Site”) and the app. The Services include the ability for Users and Tutors (each as defined below) to interact via the HashLearn Now platform’s interface or other methods as may be made available by HashLearn Now from time to time.
Key Service-related Terms
“Content” means text, graphics, images, software, audio, video, information or other materials.
“Collective Content” means, collectively, HashLearn Now Content and User Content.
“Tutor” means a tutoring or educational services provider accessible via the Services.
“HashLearn Now Content” means Content that HashLearn Now makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.
“Sessions” mean any tutoring or educational services a User may receive from a tutor related to a User’s HashLearn Now account or the Services.
“User” means a person who seeks and/or schedules Sessions for a student or for his or herself (e.g. a student, parent or guardian).
“User Content” means Content that a tutor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Sessions or otherwise, including, but not limited to, Questions and related answers posted by Users and Tutors via the Services.
As a tutor, your use of the Services is governed by the policies, terms and conditions below. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT HASHLEARN NOW IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. HASHLEARN NOW HAS NO CONTROL OVER THE SESSIONS OR THE CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Tutor Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the former terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR YOUR HASHLEARN NOW ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR SESSIONS OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TUTOR TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TUTOR TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Tutor Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Tutor Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
How the Site and Services Work
The Site and Services can be used to facilitate the provision of Sessions via our online platform and its video, voice and text chat and document collaboration interface. As stated above, HashLearn Now makes available a platform with related technology for Users to connect with Tutors online and conduct the Sessions via our online interface as requested by Users. HashLearn Now is not a provider of tutoring services. HashLearn Now’s role is solely to facilitate the availability of the Site and Services. Similarly, HashLearn Now is not a contracting agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of HashLearn Now.
You are an independent contractor and nothing in this Tutor Terms of Service will be construed as establishing an employment or agency relationship between you and HashLearn Now. You have no authority to bind HashLearn Now by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Sessions in connection with this Tutor Terms of Service or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by HashLearn Now to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by HashLearn Now pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND TUTORS FOR THE PROVISION OF SESSIONS. HASHLEARN NOW CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY TUTORS FOR STUDENTS, OR THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. HASHLEARN NOW IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF SESSIONS PROVIDED BY TUTORS ARE DONE AT THE PARTIES’ SOLE RISK.
Eligibility; Account Registration and Usage
To become a tutor, provide Sessions, and to be eligible to receive payment for the Sessions you provide, you must register and create an “Account” and be 18 or older. By registering as a Tutor, you represent and warrant you are 18 or older.
You can register to join the Service as a Tutor by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the privacy settings you have with the SNS.
When you register with HashLearn Now and set up your Account, you: (i) agree to provide HashLearn Now with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize HashLearn Now, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify HashLearn Now of any unauthorized use of your username, password or Account.
You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Tutors and (ii) other persons to participate in providing Sessions from your Account.
Representations and Warranties
If you register via the Site and Services to serve as a Tutor, you represent and warrant to HashLearn Now that you (i) have requisite knowledge in the subjects you select via the Services to provide Sessions in such subjects to Users; (ii) will utilize Sessions time solely to provide Sessions only; (iii) you are or were a student at the academic institution you listed as your school at the time of registration to use the Site and Services. You understand and agree that Users will contact you via the Site and Services and request that you provide Sessions. You have no obligation to provide any Sessions, and any Sessions you may choose to provide are in your sole discretion.
Interactions with Users and Provision of Sessions
As a tutor you acknowledge and agree to the following:
- (a) HashLearn Now acts as a technology service that facilitates the provision of Sessions between Tutors and Users and does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a tutor’s Sessions, nor will HashLearn Now be held responsible for any Tutor’s failure to comply with laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, HashLearn Now is not responsible for the use or exchange of any information, files or goods between Tutors and Users. Further, HashLearn Now does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Tutors or Users, including, without limitation, the Sessions provided or other information made available through the Site and Services.
- (b) You are solely responsible for your interactions with Users. You understand that HashLearn Now does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing Sessions and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with Users. Without limiting the terms of the “Limitation of Liability” section below, your use of the Site and Services and provision of Sessions is at your sole risk and discretion.
- (c) HashLearn Now reserves the right to contact Tutors and Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a User or another Tutor has violated the law or is defrauding, threatening or endangering anyone, HashLearn Now urges you to immediately contact the police directly for help.
- (d) You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Sessions.
- (e) You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Sessions.
- (f) You are solely responsible for all equipment necessary to access and use the Site and Services and to provide Sessions.
- (g) You will not record or otherwise store any sessions that you provide through the Site or Services.
- (h) You will not use the Site or Services or provide Sessions in any manner that harasses a User or another Tutor or could interfere with any other party’s use or enjoyment of the Site, Services or Sessions. You will respect the privacy of others and not use the Site, Services or Sessions for unwelcome, rude or abusive communications or in any other manner as determined by HashLearn Now in its sole discretion.
- (i) You may not use the Site or Services to contact a User to meet in person. You may not provide Sessions to a User outside of the Site or Services.
If you register to use the Site and Services as a tutor and provide Sessions via the Site and Services, you may be entitled to receive a payment from HashLearn Now for the provision of Sessions. HashLearn Now will pay Tutors as per its Tutor Payments policy which may be modified per time to time.
You acknowledge and agree that HashLearn Now reserves the right, in its sole discretion, to prospectively modify its rates for Tutor Payments at any time. If we modify the rates for Tutor Payments, we will post the modified rates on the Site with thirty (30) days advance notice of the modification effective date or otherwise provide you with notice of the modification. By continuing to provide Sessions after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Payment rates. If the modified Tutor Payment rates are not acceptable to you, your only recourse is to cease providing tutoring services via the Site and Services.
Please note that if a tutor Payment sent by HashLearn Now to you in accordance with these Tutor Terms of Service is later invalidated or reversed for any reason (e.g. a User requests a refund), you will be liable to HashLearn Now for the full amount of such Tutor Payment that HashLearn Now sent to you and any fees related thereto. This means that you will be responsible for reimbursing HashLearn Now in the event of a chargeback, reversal of payment or other claim by a User in this regard.
All payments are subject to taxes as applicable.
HashLearn Now does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from HashLearn Now with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of HashLearn Now and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
HashLearn Now Licenses
Subject to your compliance with the terms and conditions of these Tutor Terms of Service, HashLearn Now grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any HashLearn Now Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Tutor Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HashLearn Now or its licensors, except for the licenses and rights expressly granted in these Tutor Terms of Service.
License granted by Tutor
We may, in our sole discretion, permit users of the Services to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to HashLearn Now, which HashLearn Now may exercise solely in connection with the Services, including promotion of the Services, directly or directly by intermediaries: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. HashLearn Now does not claim any ownership rights in any User Content and nothing in these Tutor Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to HashLearn Now and to the rights in such User Content, as contemplated under these Tutor Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HashLearn Now’s use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Third Party Services
You understand and agree that provision of Sessions may require use of a third party website or service (each a “Third Party Service”). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Sessions, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. HashLearn Now shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
HashLearn Now respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances registered users or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you decide to provide feedback, comments and suggestions for improvements to the Site or Services (“Feedback”), you may do so by emailing us at [email protected] You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
You also agree not to:
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, HashLearn Now’s name, any HashLearn Now trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HashLearn Now’s express written consent;
- Access, tamper with, or use non-public areas of the Site, HashLearn Now’s computer systems, or the technical delivery systems of HashLearn Now’s providers;
- Attempt to probe, scan, or test the vulnerability of any HashLearn Now system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HashLearn Now or any of HashLearn Now’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HashLearn Now or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a HashLearn Now trademark, logo URL or product name without HashLearn Now’s express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Tutor Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
HashLearn Now will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HashLearn Now may involve and cooperate with law enforcement authorities in prosecuting users who violate these Tutor Terms of Service. You acknowledge that HashLearn Now has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Tutor Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HashLearn Now reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HashLearn Now, at its sole discretion, considers to be in violation of these Tutor Terms of Service or otherwise harmful to the Site or Services.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that HashLearn Now is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HashLearn Now of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
HashLearn Now reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Tutor Terms of Service, at any time and without prior notice. If we modify these Tutor Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Tutor Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Terms of Service. If the modified Tutor Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
Termination and Account Cancellation
If you breach any of these Tutor Terms of Service, HashLearn Now will have the right to suspend or disable your Account or terminate these Tutor Terms of Service, at its sole discretion and without prior notice to you. HashLearn Now reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event HashLearn Now terminates these Tutor Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to [email protected].
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. HASHLEARN NOW AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. HASHLEARN NOW DOES NOT WARRANT THAT THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. HASHLEARN NOW DOES NOT WARRANT THAT PROVISION OF SESSIONS WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT.
YOU ACKNOWLEDGE AND AGREE THAT HASHLEARN NOW DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. HashLearn Now SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HASHLEARN NOW OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT HASHLEARN NOW DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES HASHLEARN NOW MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. HASHLEARN NOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
You agree to defend, indemnify, and hold HashLearn Now, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Sessions, or your violation of these Tutor Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER HASHLEARN NOW NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TUTOR TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HASHLEARN NOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL HASHLEARN NOW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TUTOR TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE TUTOR PAYMENT AMOUNTS HASHLEARN NOW HAS PAID TO YOU IN CONNECTION WITH YOUR PROVISION OF SESSIONS VIA THE SITE AND SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS GREATER), IF YOU HAVE NOT RECEIVED ANY TUTOR PAYMENTS FROM HASHLEARN NOW, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HASHLEARN NOW AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of HashLearn Now used herein are trademarks or registered trademarks of HashLearn Now. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
This Agreement shall be in accordance with the laws of the State of Karnataka. Any cause of action of any nature arising out this Agreement shall be brought in the City of Bengaluru.
These Tutor Terms of Service constitute the entire and exclusive understanding and agreement between HashLearn Now and you regarding the Site, Services and Collective Content, and these Tutor Terms of Service supersede and replace any and all prior oral or written understandings or agreements between HashLearn Now and you regarding the Site, Services and Collective Content.
You may not assign or transfer these Tutor Terms of Service, by operation of law or otherwise, without HashLearn Now’s prior written consent. Any attempt by you to assign or transfer these Tutor Terms of Service, without such consent, will be null and of no effect. HashLearn Now may assign or transfer these Tutor Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Tutor Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Tutor Terms of Service, will be in writing and given: (i) by HashLearn Now via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
All disputes, differences of opinion or controversies arising in connection with these Terms, including whether the Claims asserted are arbitrable, are under the Indian Arbitration Act, 1996. The venue for all arbitrations shall be Bangalore City, India.
The failure of HashLearn Now to enforce any right or provision of these Tutor Terms of Service 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 HashLearn Now. Except as expressly set forth in these Tutor Terms of Service, the exercise by either party of any of its remedies under these Tutor Terms of Service will be without prejudice to its other remedies under these Tutor Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Tutor Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Tutor Terms of Service will remain in full force and effect.
Contacting HashLearn Now
If you have any questions about these Tutor Terms of Service, please contact HashLearn Now at [email protected] or at Hash Education Pvt. Ltd. , 205, 2nd Floor, Brigade Business Suites, Jayanagar 2nd Block, Bangalore – 560011