Xpert Tutor Terms and Conditions

1. Introduction

Welcome to Xpert Tutor, your premier online platform for connecting students and parents with qualified and professional home tutors. We are committed to fostering a dynamic learning environment that caters to a wide range of educational needs, from academic subjects to hobbies and professional courses.
Xpert Tutor, an online platform, where we help parents to connect

with qualified and professional home tutors for their children and themselves. We

have a wide range of home tutors registered with us for all academic classes,

hobbies, and professional courses.

1.1 About Xpert Tutor

Xpert Tutor is owned and operated by Edukin Education Private Limited ("we," "us," or "our"), with its principal place of business at II Floor, Xpert Tutor, Diamond City, PN-01, Campbell Rd, opposite S S Lawn, Kanhai Khera, Balaganj, Lucknow, Uttar Pradesh 226003. Our mission is to revolutionize the way people access personalized education by leveraging technology to bridge the gap between learners and educators.

1.2 OurGoverning Law Services

Through our platform, we offer the following services:

1. A comprehensive database of verified tutors across various subjects and skill levels

2. Advanced search and matching algorithms to connect students with suitable tutors

3. Secure communication channels between tutors and students/parents

4. Scheduling tools for organizing tutoring sessions

5. A secure payment system for processing tuition fees

6. Quality control measures to ensure high standards of tutoring

1.3 Scope of These Terms

These Terms and Conditions ("Terms") govern your access to and use of the Xpert Tutor website (www.xperttutor.com), mobile applications, and other interactive properties (collectively, the "Service"). They constitute a legally binding agreement between Xpert Tutor and you, whether you are a visitor, registered user, student, parent, or tutor.

1.4 Acceptance of Terms

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

1.5 Eligibility

To use our Service, you must be at least 18 years old, or at least 13 years old with parental or guardian consent. If you are accessing the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.6 Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new effective date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

1.7 Additional Terms

Certain features or services offered through the Xpert Tutor platform may be subject to additional terms and conditions. These additional terms will be presented to you when you access those features or services, and they will be incorporated into these Terms by reference.

1.8 Contact Information

If you have any questions about these Terms or our Service, please contact us at:

Xpert Tutor

Owner by: Edukin Education Private Limited

Email: care@xperttutor.com

Phone: 7510009111

By using Xpert Tutor, you're joining a community dedicated to the pursuit of knowledge and personal growth. We encourage you to read these Terms carefully and reach out to us if you need any clarification. Thank you for choosing Xpert Tutor as your educational partner.

2. Definitions

For the purpose of these Terms and Conditions, the following terms shall have the meanings as defined below. These definitions apply throughout the entire document and are capitalized for easy identification:

2.1 Parties

- "Xpert Tutor," "we," "us," or "our" refers to [Legal Entity Name], the company operating the Xpert Tutor platform, with its principal place of business at E-Block Rajajipuram, Lucknow.

- "You" or "your" refers to any individual or entity accessing or using the Xpert Tutor Service, whether as a visitor, registered user, Student, Parent, or Tutor.

2.2 Platform and Services

- "Service" means the Xpert Tutor website (www.xperttutor.com), mobile applications, and any other interactive properties through which Xpert Tutor delivers its services.

- "Platform" is synonymous with "Service" and refers to the entire Xpert Tutor ecosystem.

- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials that can be viewed or accessed through the Service.

- "User-Generated Content" refers to any Content that users post, upload, publish, submit, or transmit to be made available through the Service.

2.3 User Types

- "User" means any person accessing or using the Service, including visitors, registered users, Students, Parents, and Tutors.

- "Member" refers to a person who completes the Xpert Tutor account registration process.

- "Tutor" means a Member who creates a profile via the Service for the purpose of offering tutoring services to Students.

- "Student" refers to an individual receiving or seeking tutoring services through the Platform. This may be a minor or an adult learner.

- "Parent" means a parent, legal guardian, or other authorized adult representative of a Student, particularly in cases where the Student is a minor.

2.4 Tutoring-Related Terms

- "Tutoring Services" refers to the educational instruction, guidance, or assistance provided by Tutors to Students through arrangements facilitated by the Xpert Tutor Platform.

- "Tuition Fee" means the amount charged by a Tutor and paid by a Student or Parent for Tutoring Services.

- "Commission" refers to the fee charged by Xpert Tutor for facilitating the connection between Tutors and Students, typically a percentage of the Tuition Fee.

- "Session" means an individual tutoring appointment or class between a Tutor and a Student.

2.5 Account-Related Terms

- "Profile" refers to the set of information, including personal details, qualifications, and preferences, that a Member provides and maintains on the Platform.

- "Credentials" means the username, password, and any other piece of information used to access a Member's account.

2.6 Financial Terms

- "Payment Processor" refers to the third-party service that Xpert Tutor uses to process payments on the Platform.

- "Payout" means the transfer of funds from Xpert Tutor to a Tutor for Tutoring Services rendered, minus any applicable fees or commissions.

2.7 Legal and Compliance Terms

- "Terms" or "Terms and Conditions" refers to this entire agreement between You and Xpert Tutor.

- "Privacy Policy" means the Xpert Tutor privacy policy, which explains how we collect, use, and share information about Users.

- "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

2.8 Technical Terms

- "API" means Application Programming Interface, a set of routines, protocols, and tools for building software applications.

- "Cookies" refers to small data files that are placed on your computer or mobile device when you visit a website.

2.9 Miscellaneous Terms

- "Force Majeure Event" means any event beyond our reasonable control, including but not limited to acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

These definitions are intended to provide clarity and consistency throughout these Terms and Conditions. If a capitalized term is used in these Terms but is not defined above, it should be understood to have its common industry meaning or its ordinary meaning in the context in which it is used.

3. Acceptance of Terms

3.1 Binding Agreement

By accessing or using the Xpert Tutor Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Xpert Tutor. If you do not agree to these Terms, you must not access or use the Service.

3.2 Methods of Acceptance

You may accept these Terms through any of the following actions:

a) Clicking to accept or agree to the Terms where this option is made available to you by Xpert Tutor in the user interface for any service.

b) By actually using the Service. In this case, you understand and agree that Xpert Tutor will treat your use of the Service as acceptance of the Terms from that point onwards.

c) By creating an account on the Xpert Tutor platform.

3.3 Capacity to Accept

By accepting these Terms, you represent and warrant that:

a) You are at least 18 years of age, or you are at least 13 years old and have obtained parental or guardian consent to use the Service.

b) You have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

c) You are not prohibited from using the Service under the laws of India or any other applicable jurisdiction.

3.4 Acceptance on Behalf of Others

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that:

a) You have the authority to bind such entity and its affiliates to these Terms.

b) The terms "you" and "your" in these Terms refer to both you individually and such entity.

c) If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

3.5 Changes to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by:

a) Posting the updated Terms on this page with a new effective date.

b) Sending an email to the address associated with your account (if applicable).

c) Providing a notification through the Service.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

3.6 Language and Interpretation

These Terms are written in English. If we provide a translation of the English version of these Terms, the English version will control if there is any conflict. The section titles in these Terms are for convenience only and have no legal or contractual effect.

3.7 Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

3.8 Entire Agreement

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Xpert Tutor and you in relation to your use of the Service, and supersede all prior agreements and understandings with respect to the same.

3.9 Acceptance of Privacy Policy

By accepting these Terms, you also acknowledge that you have read and understood our Privacy Policy, which explains how we collect, use, and share information about you when you use our Service. The Privacy Policy is incorporated into and forms part of these Terms.

3.10 No Waiver

The failure of Xpert Tutor to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

By using the Xpert Tutor Service, you acknowledge that you have read this Acceptance of Terms section, understood it, and agree to be bound by its terms. If you have any questions or concerns about these Terms, please contact us before using the Service.

4. User Accounts

4.1 Account Creation

4.1.1 Eligibility: To create an account, you must be at least 18 years old, or at least 13 years old with verifiable parental consent. Xpert Tutor reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

4.1.2 Required Information: When creating an account, you must provide accurate, current, and complete information as prompted by the registration form. This may include, but is not limited to, your name, email address, phone number, and, for tutors, relevant qualifications and experience.

4.1.3 Verification: Xpert Tutor may require additional verification of your identity or qualifications, particularly for tutor accounts. You agree to cooperate with such verification processes.

4.1.4 One Account Per Person: You may maintain only one active account with Xpert Tutor. Creating multiple accounts is prohibited and may result in all of your accounts being terminated.

4.2 Account Types

4.2.1 Student/Parent Accounts: These accounts are for individuals seeking tutoring services. Parents may create accounts to manage tutoring for their minor children.

4.2.2 Tutor Accounts: These accounts are for individuals offering tutoring services. Additional verification and approval processes may apply.

4.2.3 Conversion Between Types: Users may not convert between account types without explicit permission from Xpert Tutor. Such conversions may require additional verification.

4.3 Account Credentials

4.3.1 Username and Password: You will create a username and password during the registration process. You are responsible for maintaining the confidentiality of your account credentials.

4.3.2 Password Security: Your password must be strong and unique. We recommend using a combination of uppercase and lowercase letters, numbers, and symbols.

4.3.3 Credential Sharing: Sharing your account credentials with any other person is strictly prohibited. You are solely responsible for any and all activities that occur under your account.

4.4 Account Security

4.4.1 Security Responsibility: You are responsible for maintaining the security of your account and for all activities that occur under your account. This includes choosing a strong password and keeping it confidential.

4.4.2 Unauthorized Access: If you believe someone has gained unauthorized access to your account, you must notify us immediately at care@xperttutor.com.

4.4.3 Security Measures: Xpert Tutor implements reasonable security measures to protect user accounts. However, we cannot guarantee absolute security and are not responsible for any unauthorized access that is not a result of our negligence.

4.5 Account Maintenance

4.5.1 Keeping Information Current: You are responsible for keeping your account information up-to-date. This includes your contact information, qualifications (for tutors), and any other relevant details.

4.5.2 Profile Visibility: Certain information from your profile may be visible to other users or the public. You can control some aspects of this visibility through your account settings.

4.5.3 Communication Preferences: You can manage your communication preferences through your account settings. However, you may not opt out of receiving critical service announcements and account-related messages.

4.6 Account Restrictions

4.6.1 Age Restrictions: Users under 18 must have parental consent to use the service and may have limited access to certain features.

4.6.2 Geographical Restrictions: Xpert Tutor may restrict access to the service or certain features based on geographical location.

4.6.3 Tutor Qualifications: Tutor accounts may be subject to additional restrictions based on qualifications, experience, and performance on the platform.

4.7 Account Suspension and Termination

4.7.1 By User: You may terminate your account at any time by following the instructions on the Xpert Tutor website or contacting our support team.

4.7.2 By Xpert Tutor: We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4.7.3 Effects of Termination: Upon termination, your right to use the service will immediately cease. We may (but have no obligation to) delete or archive your data.

4.7.4 Reactivation: Terminated accounts may not be reactivated without explicit permission from Xpert Tutor.

4.8 Data Retention and Deletion

4.8.1 Data Retention: We may retain certain information associated with your account even after it is terminated, as required by law or for legitimate business purposes.

4.8.2 Data Deletion: You may request deletion of your personal data by contacting our support team. We will process your request in accordance with applicable data protection laws.

4.9 Account Disputes

4.9.1 Ownership Disputes: Any disputes about account ownership will be resolved at the sole discretion of Xpert Tutor based on the information available to us.

4.9.2 Inactive Accounts: We reserve the right to terminate accounts that remain inactive for an extended period, as defined in our policies.

4.10 Special Provisions for Tutor Accounts

4.10.1 Approval Process: Tutor accounts are subject to an approval process, which may include verification of qualifications and background checks.

4.10.2 Performance Monitoring: Tutor accounts may be subject to ongoing performance monitoring, including student feedback and ratings.

4.10.3 Commission Agreement: By creating a tutor account, you agree to Xpert Tutor's commission structure for facilitating tutoring sessions.

By creating an account on Xpert Tutor, you acknowledge that you have read this User Accounts section, understood it, and agree to be bound by its terms. If you have any questions or concerns about user accounts, please contact our support team before creating or using an account.

5. Services Description

5.1 Overview of Services

Xpert Tutor offers an online platform designed to connect students and parents with qualified tutors for various educational needs. Our services aim to facilitate effective and efficient tutoring by providing a comprehensive suite of tools and resources. The primary services provided by Xpert Tutor include but are not limited to:

- A searchable database of verified tutors

- Matching algorithms to connect students with suitable tutors

- Communication tools for secure and convenient interaction

- Scheduling and calendar management for organizing tutoring sessions

- Payment processing for tuition fees

- Quality assurance measures to maintain high tutoring standards

5.2 Tutor Database

Xpert Tutor maintains a diverse and extensive database of tutors who specialize in different academic subjects, hobbies, and professional skills. Each tutor profile includes detailed information about their qualifications, experience, areas of expertise, and availability. We verify the credentials of tutors to ensure they meet our standards of professionalism and competence.

5.3 Matching Algorithm

Our advanced matching algorithm helps students and parents find the most suitable tutors based on various criteria such as subject, grade level, location (for in-person tutoring), availability, and user ratings. This feature aims to streamline the process of finding a tutor who best meets the learner's needs and preferences.

5.4 Communication Tools

We provide secure communication channels within the platform to facilitate interactions between tutors and students/parents. These tools include messaging systems and, where applicable, video conferencing capabilities. All communication is conducted through the platform to ensure privacy and security.

5.5 Scheduling and Calendar Management

Our platform includes scheduling tools that allow tutors and students to manage their tutoring sessions efficiently. Users can view availability, book sessions, and receive reminders for upcoming appointments. This feature ensures that tutoring sessions are well-organized and that both parties are kept informed of their commitments.

5.6 Payment Processing

Xpert Tutor provides a secure payment system to handle the financial transactions between students/parents and tutors. The platform supports various payment methods and ensures that transactions are processed safely and efficiently. Tutors receive payments for their services, minus any applicable fees or commissions, through this system.

5.7 Quality Assurance

We are committed to maintaining high standards of tutoring on our platform. To achieve this, we implement several quality control measures, including:

- Regular review of tutor profiles and credentials

- Monitoring and responding to user feedback and ratings

- Periodic evaluations and performance assessments of tutors

- Providing support and resources to tutors for continuous improvement

5.8 Additional Features

Xpert Tutor may offer additional features and services to enhance the tutoring experience. These may include educational resources, progress tracking tools, and community forums. Any new features will be subject to these Terms and any additional terms that may apply.

5.9 Service Availability

While we strive to ensure that our platform is available at all times, we do not guarantee uninterrupted access. There may be occasions when the service is interrupted for maintenance, upgrades, or due to technical issues beyond our control. We will make reasonable efforts to minimize such disruptions and notify users in advance when possible.

5.10 Limitations of Service

Xpert Tutor does not guarantee specific outcomes from the use of our services. The effectiveness of tutoring depends on various factors, including the student’s engagement, the tutor’s methods, and the suitability of the tutor-student match. While we provide tools and resources to support the tutoring process, we are not responsible for the academic or personal results achieved by users of the platform.

5.11 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. This includes the introduction of new features, changes to existing features, or the removal of features. Users are encouraged to check our website for updates and to review these Terms periodically.

6. User Conduct and Obligations

6.1 General Conduct

Users are expected to use the Xpert Tutor platform in a manner that is ethical, respectful, and lawful. By accessing or using our Service, you agree to adhere to the following standards of conduct:

- Respect for Others: Treat all users, including tutors, students, and parents, with respect and courtesy. Avoid engaging in behavior that is abusive, discriminatory, or harassing.

- Honesty and Integrity: Provide accurate and truthful information in your profile, communications, and interactions on the platform. Do not engage in deceptive or fraudulent activities.

- Compliance with Laws: Abide by all applicable local, national, and international laws and regulations while using the Service.

6.2 Prohibited Activities

The following activities are strictly prohibited on the Xpert Tutor platform:

- Illegal Activities: Engaging in activities that are illegal, including but not limited to fraud, drug trafficking, human trafficking, and any form of exploitation.

- Harassment and Abuse: Harassing, threatening, or abusing other users. This includes but is not limited to hate speech, bullying, and any form of harassment based on race, ethnicity, gender, sexual orientation, religion, or disability.

- Impersonation: Impersonating another person or entity, or falsely claiming an affiliation with any person or entity.

- Spamming: Sending unsolicited messages, advertisements, or promotions, or engaging in any form of spamming or excessive messaging.

- Hacking and Security Breaches: Attempting to gain unauthorized access to the platform, other users' accounts, or any systems or networks connected to the Service. This includes distributing malware, viruses, or other harmful software.

- Inappropriate Content: Posting, uploading, or sharing content that is obscene, pornographic, defamatory, or otherwise inappropriate for an educational platform.

6.3 User Responsibilities

As a user of Xpert Tutor, you have the following responsibilities:

- Account Security: Maintain the confidentiality and security of your account credentials. Notify us immediately if you suspect any unauthorized access to your account.

- Profile Accuracy: Ensure that the information in your profile is accurate, complete, and up-to-date. This is particularly important for tutors, who must provide valid qualifications and experience.

- Timely Communication: Respond to messages, inquiries, and booking requests promptly. Effective communication is essential for maintaining a reliable and professional tutoring environment.

- Session Punctuality: Attend scheduled tutoring sessions on time. If you need to cancel or reschedule a session, provide sufficient notice to the other party.

- Feedback and Reviews: Provide honest and constructive feedback about your tutoring experience. This helps maintain the quality and reliability of our platform.

6.4 Specific Obligations for Tutors

In addition to the general conduct requirements, tutors have the following specific obligations:

- Professionalism: Conduct yourself in a professional manner during all interactions with students and parents. This includes being prepared for sessions, dressing appropriately, and maintaining a respectful attitude.

- Lesson Planning: Prepare for tutoring sessions in advance and tailor your teaching methods to meet the needs and learning styles of your students.

- Progress Tracking: Monitor and track the progress of your students, providing regular feedback and updates to them and their parents (if applicable).

- Confidentiality: Respect the privacy and confidentiality of your students. Do not disclose any personal or academic information without their explicit consent.

- Compliance with Local Laws: Ensure that your tutoring practices comply with local laws and regulations, particularly those related to education and child protection.

6.5 Specific Obligations for Students and Parents

Students and parents also have specific obligations to ensure a productive and respectful learning environment:

- Active Participation: Engage actively in tutoring sessions, complete assignments, and follow the tutor’s instructions.

- Respect for Tutors: Treat tutors with respect and courtesy. Provide constructive feedback and avoid any form of harassment or discrimination.

- Supervision of Minors: Parents or guardians are responsible for supervising minors during tutoring sessions and ensuring their safety and well-being.

6.6 Reporting Misconduct

If you witness or experience any form of misconduct on the Xpert Tutor platform, you are encouraged to report it to us immediately. We take all reports seriously and will investigate and take appropriate action as necessary. Reports can be made by contacting our support team at care@xperttutor.com.

6.7 Consequences of Violations

Violations of these conduct standards may result in a range of consequences, including but not limited to:

- Warnings Issuing a warning to the offending user.

- Account Suspension: Temporarily suspending the user’s account.

- Account Termination: Permanently terminating the user’s account and banning them from the platform.

- Legal Action: Pursuing legal action against users who engage in illegal activities or cause harm to the platform or other users.

6.8 Right to Monitor and Enforce

Xpert Tutor reserves the right to monitor user activity on the platform and enforce these conduct standards. This may include reviewing user profiles, communications, and feedback. We may also remove any content that violates these standards or is deemed inappropriate for our platform.

7. Tutor-Specific Terms

7.1 Eligibility and Registration

7.1.1 Qualifications: To become a tutor on Xpert Tutor, you must possess the necessary qualifications and experience in the subjects or skills you intend to teach. This includes relevant educational degrees, certifications, and professional experience.

7.1.2 Background Check: As part of the registration process, you may be required to undergo a background check. This is to ensure the safety and security of students and maintain the integrity of our platform.

7.1.3 Profile Information: You must provide accurate and complete information during the registration process, including your educational background, teaching experience, and any relevant certifications. You are responsible for keeping your profile information up-to-date.

7.2 Responsibilities

7.2.1 Professional Conduct: Tutors are expected to maintain a high level of professionalism at all times. This includes being punctual for sessions, being prepared with lesson plans, and dressing appropriately.

7.2.2 Student Interaction: You must interact with students and parents respectfully and courteously. Any form of discrimination, harassment, or unprofessional behavior is strictly prohibited.

7.2.3 Confidentiality: Tutors must respect the privacy and confidentiality of students. Any personal or academic information shared during tutoring sessions must be kept confidential and not disclosed to third parties without explicit consent.

7.2.4 Session Preparation: Tutors are expected to prepare for each tutoring session in advance. This includes planning the lesson, preparing necessary materials, and setting clear objectives for the session.

7.2.5 Feedback and Progress Tracking: Provide regular feedback to students and parents on the student’s progress. This includes highlighting areas of improvement and suggesting strategies for further development.

7.3 Payment and Fees

7.3.1 Tuition Fees: Tutors set their own tuition fees, which must be clearly stated on their profile. The fees should reflect the tutor’s qualifications, experience, and the nature of the subject or skill being taught.

7.3.2 Commission: Xpert Tutor charges a commission for facilitating connections between tutors and students. The commission rate will be communicated to you during the registration process and is subject to change. The current commission rate will always be available in your account dashboard.

7.3.3 Payouts: Tutors will receive payouts for completed sessions after deducting the applicable commission. Payouts are processed through our designated payment processor and are subject to their terms and conditions.

7.3.4 Payment Disputes: Any disputes regarding payments should be reported to Xpert Tutor within 30 days of the transaction. We will investigate and resolve the issue in accordance with our policies.

7.4 Session Policies

7.4.1 Cancellation and Rescheduling: Tutors must adhere to Xpert Tutor’s cancellation and rescheduling policies. If a session needs to be canceled or rescheduled, adequate notice must be provided to the student and Xpert Tutor.

7.4.2 Attendance: Tutors are expected to be on time for all scheduled sessions. Repeated lateness or failure to attend scheduled sessions without valid reasons may result in account suspension or termination.

7.4.3 Session Recording: For quality control and security purposes, sessions may be recorded with the consent of both the tutor and the student. These recordings are used solely for internal purposes and will not be shared with third parties without explicit consent.

7.5 Performance Monitoring

7.5.1 Student Feedback: Tutors are subject to student feedback and ratings. Consistently high ratings can enhance your visibility and reputation on the platform, while poor ratings may result in corrective actions, including account suspension or termination.

7.5.2 Quality Assurance: Xpert Tutor may periodically review tutoring sessions and materials to ensure compliance with our quality standards. Tutors are expected to cooperate with these reviews and implement any recommended improvements.

7.6 Termination and Suspension

7.6.1 Voluntary Termination: Tutors may terminate their account at any time by following the procedures outlined on the Xpert Tutor platform. Upon termination, all scheduled sessions will be canceled, and any pending payouts will be processed in accordance with our policies.

7.6.2 Involuntary Termination: Xpert Tutor reserves the right to suspend or terminate a tutor’s account for violations of these Terms, including unprofessional conduct, failure to comply with session policies, or receiving consistently poor ratings.

7.6.3 Reinstatement: Suspended or terminated accounts may be reinstated at the sole discretion of Xpert Tutor, subject to satisfactory resolution of the issues that led to the suspension or termination.

7.7 Use of Platform

7.7.1 Platform Tools: Tutors are encouraged to use the tools and resources provided by Xpert Tutor, including scheduling tools, communication channels, and educational materials. These tools are designed to enhance the tutoring experience and streamline administrative tasks.

7.7.2 Content Ownership: Any content created by tutors for the purpose of tutoring sessions, such as lesson plans and educational materials, remains the intellectual property of the tutor. However, tutors grant Xpert Tutor a non-exclusive license to use, reproduce, and distribute such content for the purpose of delivering and promoting the Service.

7.7.3 Compliance with Policies: Tutors must comply with all Xpert Tutor policies, including but not limited to our Privacy Policy, Payment Policy, and Session Policies. Non-compliance may result in corrective actions, including account suspension or termination.

By agreeing to these Tutor-Specific Terms, you acknowledge that you have read, understood, and agree to abide by them. These terms are designed to ensure a professional, respectful, and effective tutoring environment for all users of the Xpert Tutor platform. If you have any questions or concerns about these terms, please contact our support team for assistance.

8. Student/Parent-Specific Terms

8.1 Eligibility and Registration

8.1.1 Student Eligibility: To use the tutoring services provided by Xpert Tutor, students must be at least 13 years old. Students under 18 must have parental or guardian consent to register and use the platform.

8.1.2 Parent/Guardian Role: Parents or legal guardians can create and manage accounts for their minor children. They are responsible for supervising their child’s use of the service and ensuring compliance with these Terms.

8.1.3 Account Information: When creating an account, you must provide accurate and complete information as prompted by the registration form. This includes your name, contact information, and any relevant details about the student’s educational needs.

8.2 Responsibilities

8.2.1 Accurate Information: Students and parents must provide accurate and up-to-date information about the student’s educational background, learning needs, and goals. This information is crucial for matching with the most suitable tutors.

8.2.2 Communication: Students and parents are expected to maintain clear and respectful communication with tutors. This includes responding to messages in a timely manner and providing necessary information for tutoring sessions.

8.2.3 Preparation: Students should come prepared for each tutoring session with any required materials and a willingness to engage in the learning process. Parents should ensure their children are ready and available for scheduled sessions.

8.3 Payment and Fees

8.3.1 Tuition Fees: Tuition fees are set by the tutors and must be paid through the Xpert Tutor platform. The fees will be clearly stated when booking a session, and payment must be made in accordance with the terms provided.

8.3.2 Payment Process: Payments are processed securely through our designated payment processor. Students and parents are responsible for ensuring that payment details are accurate and up-to-date.

8.3.3 Refund Policy: Refunds will be handled in accordance with Xpert Tutor’s refund policy. Requests for refunds must be made within a specified period, and any disputes will be resolved based on our policies.

8.4 Session Policies

8.4.1 Scheduling: Students and parents must use the scheduling tools provided by Xpert Tutor to book and manage tutoring sessions. Sessions should be scheduled at mutually convenient times for both the tutor and student.

8.4.2 Cancellation and Rescheduling: If a student needs to cancel or reschedule a session, adequate notice must be provided to the tutor and Xpert Tutor. Failure to provide sufficient notice may result in a cancellation fee, as outlined in our cancellation policy.

8.4.3 Attendance: Students are expected to attend all scheduled sessions on time. Repeated lateness or failure to attend sessions without valid reasons may result in penalties or account suspension.

8.4.4 Session Conduct: During tutoring sessions, students are expected to behave respectfully and courteously. Any disruptive behavior or failure to engage in the session may be reported to Xpert Tutor and could result in termination of services.

8.5 Feedback and Reviews

8.5.1 Providing Feedback: Students and parents are encouraged to provide feedback on their tutoring experience. This helps maintain the quality of the tutoring services and assists other users in making informed decisions.

8.5.2 Rating Tutors: After each session, students and parents can rate their tutor based on various criteria, such as punctuality, teaching effectiveness, and professionalism. These ratings contribute to the overall profile of the tutor.

8.5.3 Dispute Resolution: If there are any issues or disputes with a tutor, students and parents should report these to Xpert Tutor immediately. We will investigate the matter and take appropriate actions in accordance with our dispute resolution policy.

8.6 Privacy and Data Protection

8.6.1 Personal Data: Xpert Tutor is committed to protecting the privacy of students and parents. All personal data will be handled in accordance with our Privacy Policy, which explains how we collect, use, and share information.

8.6.2 Confidentiality: Students and parents must respect the confidentiality of information shared during tutoring sessions. Any personal or academic information should not be disclosed to third parties without explicit consent.

8.6.3 Data Security: We implement reasonable security measures to protect user data. However, students and parents are also responsible for maintaining the security of their account information and for any activities that occur under their account.

8.7 Account Suspension and Termination

8.7.1 Voluntary Termination: Students and parents may terminate their account at any time by following the procedures outlined on the Xpert Tutor platform. Upon termination, all scheduled sessions will be canceled, and any pending payments will be processed in accordance with our policies.

8.7.2 Involuntary Termination: Xpert Tutor reserves the right to suspend or terminate an account for violations of these Terms, including failure to attend scheduled sessions, disruptive behavior, or non-payment of fees.

8.7.3 Effects of Termination: Upon termination, the right to use the service will immediately cease. Xpert Tutor may delete or archive any data associated with the terminated account.

8.7.4 Reinstatement: Suspended or terminated accounts may be reinstated at the sole discretion of Xpert Tutor, subject to satisfactory resolution of the issues that led to the suspension or termination.

8.8 Use of Platform

8.8.1 Platform Tools: Students and parents are encouraged to use the tools and resources provided by Xpert Tutor, including scheduling tools, communication channels, and educational materials. These tools are designed to enhance the tutoring experience and streamline administrative tasks.

8.8.2 Compliance with Policies: Students and parents must comply with all Xpert Tutor policies, including but not limited to our Privacy Policy, Payment Policy, and Session Policies. Non-compliance may result in corrective actions, including account suspension or termination.

8.9 Special Provisions for Parents

8.9.1 Supervision: Parents are responsible for supervising their children’s use of the Xpert Tutor platform. This includes monitoring their child’s attendance, behavior, and progress in tutoring sessions.

8.9.2 Communication with Tutors: Parents should maintain open communication with tutors to discuss their child’s progress, address any concerns, and collaborate on strategies to enhance the learning experience.

8.9.3 Parental Consent: Parents must provide verifiable consent for their minor children to use the Xpert Tutor platform. This includes acknowledging and agreeing to these Terms on behalf of their children.

By agreeing to these Student/Parent-Specific Terms, you acknowledge that you have read, understood, and agree to abide by them. These terms are designed to ensure a productive, respectful, and effective tutoring environment for all users of the Xpert Tutor platform. If you have any questions or concerns about these terms, please contact our support team for assistance.

9. Payments and Fees

9.1 General Payment Terms

9.1.1 Tuition Fees: The tuition fees for tutoring services are set by the tutors and are clearly stated at the time of booking a session. These fees may vary based on the tutor’s qualifications, experience, subject matter, and other factors.

9.1.2 Payment Currency: All payments must be made in the currency specified on the Xpert Tutor platform, typically the local currency of the tutor or student’s country.

9.1.3 Payment Processor: Xpert Tutor uses third-party payment processors to handle all transactions. By using our service, you agree to comply with the terms and conditions of the relevant payment processor.

9.2 Booking and Payment Process

9.2.1 Session Booking: Students and parents can book tutoring sessions through the Xpert Tutor platform. Upon booking, the total tuition fee for the session will be displayed, and payment must be made to confirm the booking.

9.2.2 Payment Methods: We accept various payment methods, including credit/debit cards, bank transfers, and other electronic payment options as listed on the platform. The availability of payment methods may vary based on location and other factors.

9.2.3 Payment Authorization: By providing your payment information, you authorize Xpert Tutor and our payment processor to charge the tuition fee to your chosen payment method. You are responsible for ensuring that your payment information is accurate and up-to-date.

9.2.4 Payment Confirmation: Once the payment is successfully processed, you will receive a confirmation email with the details of the transaction. This confirmation serves as your receipt for the payment made.

9.3 Refunds and Cancellations

9.3.1 Refund Policy: Refunds are governed by our refund policy. Generally, refunds may be issued in the following circumstances:

- The tutor cancels the session.

- The student cancels the session with sufficient notice as outlined in our cancellation policy.

- The session does not occur due to technical issues or other valid reasons as determined by Xpert Tutor.

9.3.2 Cancellation by Student/Parent: If you need to cancel a session, you must do so through the Xpert Tutor platform within the specified cancellation window. Late cancellations or no-shows may be subject to a cancellation fee or may not be eligible for a refund.

9.3.3 Cancellation by Tutor: If a tutor cancels a session, students and parents will be notified, and a full refund will be issued for the tuition fee of that session. We will also assist in rescheduling the session or finding an alternative tutor if needed.

9.3.4 Dispute Resolution: If there is a dispute regarding a payment or refund, you should contact our support team within a reasonable time frame. We will investigate and resolve the issue in accordance with our policies and procedures.

9.4 Tutor Payments

9.4.1 Earnings Calculation: Tutors earn the tuition fee for each completed session, minus any applicable commission charged by Xpert Tutor. The commission rate will be clearly stated at the time of tutor registration and may be subject to change.

9.4.2 Payout Schedule: Tutor earnings are accumulated in their account and are paid out on a regular schedule (e.g., weekly, bi-weekly, or monthly). The payout schedule and minimum payout amount will be specified in the tutor’s account settings.

9.4.3 Payment Method: Tutors must provide valid payment information to receive their earnings. Payouts are typically made through bank transfer, PayPal, or other electronic payment methods as available on the platform.

9.4.4 Payment Processing Fees: Tutors may be responsible for any payment processing fees charged by the payment processor. These fees will be deducted from the tutor’s earnings before the payout is made.

9.4.5 Tax Obligations: Tutors are responsible for complying with all applicable tax laws and regulations related to their earnings from Xpert Tutor. This may include reporting income, paying taxes, and keeping appropriate records. Xpert Tutor may provide documentation to assist with tax reporting but is not responsible for a tutor’s tax obligations.

9.5 Commission and Fees

9.5.1 Service Commission: Xpert Tutor charges a commission for facilitating the connection between tutors and students. The commission rate will be clearly outlined in the tutor’s account settings and may vary based on the service level, tutor’s qualifications, and other factors.

9.5.2 Platform Fees: In addition to the service commission, Xpert Tutor may charge platform fees for the use of certain features or services. These fees will be clearly stated before the use of the feature or service.

9.5.3 Fee Changes: Xpert Tutor reserves the right to change the commission and fee structure at any time. Tutors and users will be notified of any significant changes, and the updated fees will apply to future transactions.

9.6 Financial Responsibility

9.6.1 Accuracy of Payment Information: You are responsible for providing accurate and up-to-date payment information. Xpert Tutor is not liable for any payment errors or delays caused by incorrect or outdated information.

9.6.2 Insufficient Funds: If a payment fails due to insufficient funds, expired payment method, or any other reason, you are responsible for resolving the issue promptly. Failure to do so may result in suspension of your account or termination of services.

9.6.3 Chargebacks and Disputes: Any chargebacks or payment disputes initiated by the user will be investigated by Xpert Tutor. Users may be responsible for any fees or costs associated with resolving such disputes.

9.7 Promotions and Discounts

9.7.1 Promotional Offers: From time to tim, Xpert Tutor may offer promotions, discounts, or other incentives to users. These offers are subject to specific terms and conditions, which will be provided at the time of the offer.

9.7.2 Discount Eligibility: Eligibility for promotions and discounts is determined by Xpert Tutor and may be based on factors such as user location, account status, or usage history.

9.7.3 Misuse of Promotions: Any misuse or abuse of promotional offers, such as creating multiple accounts to claim discounts, may result in the cancellation of the promotion and suspension or termination of the user’s account.

9.8 Currency Conversion

9.8.1 Conversion Rates: If payments are made in a currency different from your local currency, the amount will be converted at the prevailing exchange rate provided by the payment processor. You are responsible for any currency conversion fees or fluctuations.

9.8.2 Display of Fees: All fees and charges on the Xpert Tutor platform will be displayed in the specified currency. Users should be aware of any potential conversion costs when making payments.

By agreeing to these Payments and Fees terms, you acknowledge that you have read, understood, and agree to abide by them. These terms are designed to ensure a transparent and fair financial process for all users of the Xpert Tutor platform. If you have any questions or concerns about payments and fees, please contact our support team for assistance.

10. Intellectual Property Rights

10.1 Ownership of Content

10.1.1 Platform Content: Xpert Tutor, along with its licensors, owns and retains all rights, title, and interest in and to the Xpert Tutor platform, including its design, structure, coordination, expression, and all content provided through the platform (collectively, "Platform Content"). This includes, but is not limited to, text, graphics, images, logos, button icons, software, audio, video, and any other materials or information available on the platform.

10.1.2 User-Generated Content: Users retain ownership of the content they create and post, upload, or submit through the Xpert Tutor platform (collectively, "User-Generated Content"). By posting User-Generated Content on our platform, you grant Xpert Tutor a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the provision and promotion of the platform.

10.2 License to Use Platform

10.2.1 Limited License: Xpert Tutor grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the platform for your personal and non-commercial use, subject to these Terms and Conditions. This license does not permit you to use the platform for any illegal purpose or any purpose that may damage, disable, overburden, or impair the platform or interfere with any other party's use and enjoyment of the platform.

10.2.2 Restrictions: You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the platform or any content provided by Xpert Tutor, except as explicitly permitted by these Terms or with prior written consent from Xpert Tutor. You may not reverse engineer or attempt to extract the source code of any software used in the platform unless you have our explicit written permission or are expressly permitted by law.

10.3 Intellectual Property Infringement

10.3.1 Reporting Infringement: If you believe that any content on the Xpert Tutor platform infringes your intellectual property rights, please notify us immediately by providing a written notice containing the following information:

- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.

- A description of the copyrighted work or other intellectual property that you claim has been infringed.

- A description of where the allegedly infringing content is located on the platform.

- Your contact information, including your address, telephone number, and email address.

- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.

- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

10.3.2 Response to Infringement Claims: Upon receipt of a valid notice of alleged intellectual property infringement, Xpert Tutor will investigate the claim and take appropriate actions, which may include removing or disabling access to the allegedly infringing content, terminating user accounts, and/or contacting the user who posted the content to provide an opportunity to respond to the claim.

10.3.3 Counter-Notification: If you believe that your User-Generated Content was removed or disabled in error due to a mistake or misidentification of the content, you may submit a counter-notification to Xpert Tutor. To be effective, a counter-notification must include:

- Your physical or electronic signature.

- Identification of the content that has been removed or disabled and the location at which the content appeared before it was removed or disabled.

- A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

- Your name, address, telephone number, and email address.

- A statement that you consent to the jurisdiction of the federal court in your district (or the relevant jurisdiction if you are located outside of the United States) and that you will accept service of process from the person who provided the original notification of the alleged infringement.

10.4 User Obligations Regarding Intellectual Property

10.4.1 Respect for Intellectual Property: You agree to respect the intellectual property rights of Xpert Tutor and other users. This includes not uploading, posting, or transmitting any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

10.4.2 Grant of Rights: By submitting User-Generated Content, you represent and warrant that you have all necessary rights to grant the licenses and permissions described in these Terms, including the rights of publicity, privacy, and other rights related to the content.

10.4.3 Prohibited Activities: You agree not to engage in any activity that constitutes or encourages infringement of intellectual property rights, including but not limited to:

- Copying or distributing any part of the platform or Platform Content without our explicit permission.

- Using any automated means, including robots, spiders, or data mining tools, to download or scrape content from the platform.

- Posting or transmitting any content that you do not own or have the right to use.

10.5 Trademarks

10.5.1 Xpert Tutor Trademarks: The Xpert Tutor name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Edukin Education Private Limited or its affiliates or licensors. You may not use such marks without the prior written permission of Xpert Tutor.

10.5.2 Third-Party Trademarks: All other names, logos, product and service names, designs, and slogans on the platform are the trademarks of their respective owners. Reference to any third-party trademarks, names, or logos does not constitute or imply affiliation, endorsement, or recommendation by Xpert Tutor.

10.6 Intellectual Property Rights Protection

10.6.1 Proactive Measures: Xpert Tutor takes proactive measures to protect its intellectual property rights and the rights of others. This includes employing technologies and procedures to monitor for and prevent unauthorized use of Platform Content.

10.6.2 Legal Action: We reserve the right to take legal action to enforce our intellectual property rights, including seeking injunctive relief and damages. Any unauthorized use of the Platform Content or violation of these Terms may result in legal action and termination of your account.

10.7 Feedback and Suggestions

10.7.1 Submission of Feedback: We welcome feedback, suggestions, and ideas for improving the Xpert Tutor platform ("Feedback"). By submitting Feedback, you grant Xpert Tutor a perpetual, worldwide, fully transferable, sublicensable, non-revocable, and royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without any obligation to compensate you.

10.7.2 No Confidentiality: Any Feedback you provide is non-confidential and Xpert Tutor has no obligation to keep such Feedback confidential or proprietary.

By agreeing to these Intellectual Property Rights terms, you acknowledge that you have read, understood, and agree to abide by them. These terms are designed to ensure the protection of intellectual property rights for Xpert Tutor and all users of the platform. If you have any questions or concerns about intellectual property rights, please contact our support team for assistance.

11. Privacy and Data Protection

11.1 Commitment to Privacy

Xpert Tutor is committed to protecting the privacy and personal information of its users. This section outlines our practices regarding the collection, use, and protection of your information when you use our platform.

11.2 Information We Collect

11.2.1 Personal Information: When you register or use our services, we may collect personal information such as your name, email address, phone number, date of birth, payment information, and other details necessary to provide our services.

11.2.2 Usage Data: We may collect information about how you access and use the platform, including your IP address, browser type, device information, pages visited, time spent on pages, and other usage statistics.

11.2.3 Cookies and Tracking Technologies: We use cookies and similar tracking technologies to enhance your experience on our platform, analyze usage patterns, and deliver personalized content and advertisements. You can control cookie settings through your browser preferences.

11.3 How We Use Your Information

11.3.1 Service Delivery: We use your personal information to provide, maintain, and improve our services, including processing transactions, providing customer support, and communicating with you about your account and services.

11.3.2 Personalization: We may use your information to personalize your experience on our platform, such as suggesting relevant content, tutors, or services based on your preferences and usage history.

11.3.3 Marketing and Promotions: With your consent, we may use your information to send you promotional materials, offers, and other marketing communications. You can opt-out of receiving marketing communications at any time.

11.3.4 Analytics and Research: We use aggregated and anonymized data for analytics and research purposes to understand trends, usage patterns, and user preferences to improve our services.

11.3.5 Legal Compliance: We may use your information to comply with legal obligations, respond to legal requests, and enforce our Terms and Conditions.

11.4 Data Sharing and Disclosure

11.4.1 Service Providers: We may share your information with third-party service providers who assist us in operating our platform, such as payment processors, IT support, and marketing agencies. These service providers are contractually obligated to protect your information and use it only for the purposes for which it was disclosed.

11.4.2 Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity as part of the transaction.

11.4.3 Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities, such as courts or government agencies.

11.4.4 Protection of Rights: We may disclose your information to protect the rights, property, or safety of Xpert Tutor, our users, or others, including to prevent or investigate possible wrongdoing.

11.5 Data Security

11.5.1 Security Measures: We implement reasonable technical, administrative, and physical security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction.

11.5.2 Encryption: Sensitive information, such as payment details, is encrypted during transmission using secure socket layer (SSL) technology or other similar encryption technologies.

11.5.3 Access Control: Access to your personal information is restricted to authorized personnel who need to know that information to provide, operate, develop, or improve our services.

11.6 Data Retention

11.6.1 Retention Period: We retain your personal information for as long as necessary to fulfill the purposes outlined in these Terms and Conditions, unless a longer retention period is required or permitted by law.

11.6.2 Account Deletion: If you choose to delete your account, we will delete or anonymize your personal information, except for information that we are required to retain for legal or regulatory purposes.

11.7 Your Rights

11.7.1 Access and Correction: You have the right to access and correct your personal information held by us. You can update your information through your account settings or by contacting our support team.

11.7.2 Data Portability: You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format.

11.7.3 Deletion: You have the right to request the deletion of your personal information, subject to certain legal restrictions.

11.7.4 Objection and Restriction: You have the right to object to or request the restriction of processing of your personal information in certain circumstances.

11.7.5 Withdrawal of Consent: If you have given us consent to process your personal information, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

11.8 International Data Transfers

11.8.1 Transfer Mechanisms: If we transfer your personal information to countries outside the European Economic Area (EEA) or other regions with comprehensive data protection laws, we will ensure that your information is protected through appropriate safeguards, such as standard contractual clauses approved by the European Commission.

11.8.2 Cross-Border Transfers: By using our platform, you consent to the transfer of your personal information to countries outside of your country of residence, including the United States, where data protection laws may differ from those in your country.

11.9 Children’s Privacy

11.9.1 Age Restrictions: Our platform is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13 without verifiable parental consent.

11.9.2 Parental Consent: If we become aware that we have collected personal information from a child under 13 without parental consent, we will take steps to delete that information promptly.

11.10 Privacy Policy Updates

11.10.1 Notification of Changes: We may update our Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated Privacy Policy on our platform and, if necessary, obtaining your consent.

11.10.2 Effective Date: The updated Privacy Policy will become effective as of the date of posting, unless otherwise stated.

11.11 Contact Information

If you have any questions or concerns about our privacy practices or this Privacy and Data Protection section, please contact us at:

- Email: privacy@xperttutor.com

- Address: Xpert Tutor,

II Floor, Xpert Tutor, Diamond City, PN-01, Campbell Rd, opposite S S Lawn, Kanhai Khera, Balaganj, Lucknow, Uttar Pradesh 226003

By using the Xpert Tutor platform, you acknowledge that you have read, understood, and agree to this Privacy and Data Protection section. Your trust is important to us, and we are committed to safeguarding your privacy.

12. Limitation of Liability

12.1 General Limitation

To the fullest extent permitted by applicable law, Xpert Tutor, including its affiliates, officers, directors, employees, agents, and licensors, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

- Your access to or use of or inability to access or use the Service;

- Any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;

- Any content obtained from the Service; and

- Unauthorized access, use, or alteration of your transmissions or content.

12.2 Liability Cap

In no event shall the aggregate liability of Xpert Tutor exceed the amount you have paid to Xpert Tutor for the services in the three (3) months preceding the date of the claim. This limitation applies to all claims under any legal theory, whether based on warranty, contract, tort (including negligence), statute, or otherwise.

12.3 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

12.4 Specific Limitations for Users

12.4.1 Tutors:

- Xpert Tutor is not responsible for any disputes, claims, losses, injuries, or damage of any kind that may arise out of or relate to conduct or performance of tutoring services by tutors. This includes, but is not limited to, any misrepresentation by a tutor regarding their qualifications or the quality of tutoring services provided.

12.4.2 Students/Parents:

- Xpert Tutor does not guarantee the accuracy, completeness, or usefulness of any information provided by tutors or other users of the Service. Students and parents should exercise caution and use their independent judgment when engaging with tutors and making decisions based on information obtained through the platform.

12.5 Service Availability

Xpert Tutor does not guarantee that the Service will be available at all times, or that it will be error-free, uninterrupted, or secure. Xpert Tutor is not responsible for any loss or damage resulting from the Service being unavailable or any delays, interruptions, or errors in the functioning of the Service.

12.6 Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Xpert Tutor. Xpert Tutor has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Service, you expressly relieve Xpert Tutor from any and all liability arising from your use of any third-party website or services.

12.7 Indemnification

You agree to defend, indemnify, and hold harmless Xpert Tutor, its affiliates, and their respective officers, directors, employees, and agents, 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 Service;

- Your violation of these Terms;

- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or

- Any claim that your use of the Service caused damage to a third party.

12.8 Disclaimers

12.8.1 No Warranty: The Service is provided on an “as is” and “as available” basis. Xpert Tutor expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

12.8.2 No Guarantee: Xpert Tutor does not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access the Service. You should use your own virus protection software.

12.8.3 No Professional Advice: Any information provided by Xpert Tutor, its employees, agents, or through the Service is for informational purposes only and should not be construed as professional advice. You should consult with professionals or specialists where appropriate before making any decisions based on such information.

By using the Xpert Tutor Service, you acknowledge that you have read this Limitation of Liability section, understood it, and agree to be bound by its terms. If you have any questions or concerns about this section, please contact us before using the Service.

13. Indemnification

13.1 Your Agreement to Indemnify

By using the Xpert Tutor platform, you agree to indemnify, defend, and hold harmless Xpert Tutor, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from:

- Your use or misuse of the Service;

- Your violation of these Terms;

- Your violation of any rights of another party, including other users and third parties;

- Your interaction with any other user, including any reliance on the information exchanged via the platform;

- Any breach or alleged breach by you of any representation, warranty, or obligation in these Terms.

13.2 Scope of Indemnification

The indemnification obligation includes, but is not limited to, claims resulting from:

- Any content you submit, post, transmit, or make available through the Service;

- Your infringement or alleged infringement of any intellectual property rights or other rights of any person or entity;

- Any violation or alleged violation of applicable laws, rules, or regulations;

- Any actual or alleged negligent or willful misconduct by you.

13.3 Procedure for Indemnification

13.3.1 Notice of Claims: Xpert Tutor will promptly notify you of any claim, demand, or liability for which indemnification is sought. Failure to promptly notify you will not relieve you of your indemnification obligations except to the extent that such failure materially prejudices your ability to defend the claim.

13.3.2 Control of Defense: You may assume the defense and control of any matter for which you are obligated to indemnify Xpert Tutor, provided you use counsel reasonably acceptable to Xpert Tutor. Xpert Tutor may participate in the defense at its own expense and with counsel of its choosing, but you will control the defense and settlement of the claim.

13.3.3 Cooperation: You agree to cooperate with Xpert Tutor in the defense of any claim. Xpert Tutor will reasonably cooperate with you at your expense in any defense you assume under this section.

13.3.4 Settlement: You may not settle any claim without the prior written consent of Xpert Tutor, which consent shall not be unreasonably withheld. Xpert Tutor may not settle any claim for which you are responsible under this section without your prior written consent, which consent shall not be unreasonably withheld.

13.4 Additional Indemnification Provisions for Tutors

If you are a tutor using the Xpert Tutor platform, you specifically agree to indemnify and hold harmless Xpert Tutor for any claims arising from:

- Your provision or non-provision of tutoring services;

- Any disputes with students or parents, including but not limited to payment disputes and dissatisfaction with tutoring services;

- Any claims related to your qualifications, credentials, or representations made in your tutor profile.

13.5 Additional Indemnification Provisions for Students and Parents

If you are a student or parent using the Xpert Tutor platform, you specifically agree to indemnify and hold harmless Xpert Tutor for any claims arising from:

- Your interactions with tutors, including but not limited to disputes over the quality of tutoring services or payment issues;

- Any misuse of the platform, including unauthorized access to tutor profiles or confidential information;

- Any claims related to your conduct during tutoring sessions or your compliance with any agreements made with tutors.

13.6 Limitations of Indemnification

Your indemnification obligations are subject to the following limitations:

- Xpert Tutor will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from any claims you are required to indemnify.

- The indemnification obligation does not apply to claims arising solely from Xpert Tutor's gross negligence or willful misconduct.

13.7 Survival

Your indemnification obligations under this section will survive the termination of your account or these Terms, and will remain in effect until all claims and liabilities are fully resolved.

By using the Xpert Tutor Service, you acknowledge that you have read this Indemnification section, understood it, and agree to be bound by its terms. If you have any questions or concerns about this section, please contact us before using the Service.

14. Termination

14.1 Termination by Xpert Tutor

Xpert Tutor reserves the right to terminate or suspend your account and access to the Service at any time, for any reason, including but not limited to:

- Violations of these Terms;

- Engaging in conduct that we determine, in our sole discretion, to be harmful to the Service, other users, or third parties;

- Fraudulent, illegal, or unauthorized activities;

- Failure to comply with applicable laws, rules, or regulations;

- Extended periods of inactivity (as determined by Xpert Tutor).

14.1.1 Notice of Termination: When feasible, we will provide you with prior notice of your account termination or suspension and an explanation of the reason for such action. However, Xpert Tutor reserves the right to take immediate action if deemed necessary.

14.2 Termination by User

You may terminate your account at any time and for any reason by following the instructions on the Xpert Tutor website or contacting our support team. Upon termination, you must cease all use of the Service.

14.3 Effects of Termination

14.3.1 Access to Service: Upon termination of your account, your right to access and use the Service will immediately cease. Xpert Tutor will deactivate or delete your account and all associated information, files, and content.

14.3.2 Data Deletion: You acknowledge that we may retain certain information and data as required by law or for legitimate business purposes, such as maintaining financial records and dispute resolution. However, upon termination, we will delete or anonymize your personal data in accordance with our Privacy Policy and applicable data protection laws.

14.3.3 Outstanding Payments: Termination of your account does not relieve you of any obligations to pay outstanding fees or charges. Any unpaid amounts due to Xpert Tutor will remain payable and may be subject to collection efforts.

14.3.4 Tutor and Student Relationships: Termination of a tutor or student account may disrupt ongoing tutoring sessions and relationships. Tutors and students are encouraged to communicate and resolve any outstanding issues before account termination.

14.4 Survival of Terms

Certain provisions of these Terms will survive termination of your account and continue to apply. These provisions include, but are not limited to:

- Intellectual Property Rights;

- Privacy and Data Protection;

- Limitation of Liability;

- Indemnification;

- Dispute Resolution;

- Governing Law.

14.5 Account Reactivation

14.5.1 User Request: If your account was terminated by you, you may request reactivation by contacting our support team. Reactivation is at the sole discretion of Xpert Tutor and may require additional verification.

14.5.2 Xpert Tutor Discretion: If your account was terminated by Xpert Tutor for violating these Terms or engaging in harmful conduct, reactivation is not guaranteed and is at the sole discretion of Xpert Tutor.

14.6 Termination for Inactivity

14.6.1 Inactivity Period: Xpert Tutor may terminate accounts that have been inactive for an extended period, as defined in our policies. You will be notified of impending termination due to inactivity and given an opportunity to reactivate your account.

14.6.2 Data Retention: Upon termination for inactivity, we may retain your account data for a limited period, during which you may request reactivation. After this period, your data will be deleted in accordance with our data retention policies.

14.7 Consequences of Termination for Tutors

14.7.1 Outstanding Commitments: Tutors are responsible for fulfilling any outstanding tutoring commitments prior to account termination. Failure to do so may result in negative feedback and impact your ability to reactivate your account.

14.7.2 Payouts: Any pending payouts to tutors will be processed in accordance with our payment policies. Tutors must ensure their payment information is up-to-date to receive final payouts.

14.8 Consequences of Termination for Students and Parents

14.8.1 Ongoing Sessions: Students and parents should resolve any ongoing tutoring sessions and financial obligations before account termination to avoid disruptions and disputes.

14.8.2 Refunds: Refunds for prepaid tutoring sessions will be handled in accordance with our refund policies. Students and parents must request refunds before account termination.

14.9 Termination for Breach of Terms

14.9.1 Material Breach: If you materially breach these Terms, Xpert Tutor may terminate your account without prior notice. Material breaches include, but are not limited to, fraudulent activities, misuse of the Service, and violations of legal obligations.

14.9.2 Legal Action: Xpert Tutor reserves the right to take legal action against users who engage in unlawful activities or breach these Terms in a manner that causes harm to Xpert Tutor, its users, or third parties.

14.10 Notifications and Appeals

14.10.1 Notification of Termination: You will be notified of your account termination via the email address associated with your account or through the Service interface. The notification will include the reason for termination and any steps you can take to appeal the decision.

14.10.2 Appeal Process: If you believe your account was terminated in error, you may appeal the decision by contacting our support team. Appeals must be submitted within 30 days of the termination notice. Xpert Tutor will review your appeal and provide a final decision.

By using the Xpert Tutor Service, you acknowledge that you have read this Termination section, understood it, and agree to be bound by its terms. If you have any questions or concerns about account termination, please contact our support team for assistance.

Sure, here's a more detailed and elaborate version of the "Dispute Resolution" section:

15. Dispute Resolution

15.1 Initial Resolution Attempt

We prioritize resolving any issues or disputes quickly and amicably. If you have any concerns or disputes regarding our services, we encourage you to first reach out to our customer support team. Many disputes can be resolved informally through direct communication, which often leads to a satisfactory solution for both parties.

15.2 Negotiation

Before moving to formal dispute resolution methods, both parties agree to engage in good faith negotiations to resolve the dispute. This involves direct communication where each party explains their position and seeks to find a mutually acceptable solution.

15.2.1 Time Frame: Parties shall engage in negotiation for a minimum period of 30 days before proceeding to other dispute resolution mechanisms.

15.2.2 Documentation: Both parties should keep a record of all communications and steps taken during the negotiation phase to ensure transparency and clarity.

15.3 Mediation

If negotiation fails to resolve the dispute, mediation can be pursued as the next step. Mediation is a voluntary process where a neutral third party (mediator) assists the parties in reaching a mutually acceptable resolution.

15.3.1 Choosing a Mediator: The parties will agree on a qualified mediator. If they cannot agree, a mediator will be appointed by an independent mediation service provider in India.

15.3.2 Confidentiality: Mediation is a confidential process. Information disclosed during mediation cannot be used in any subsequent legal proceedings.

15.3.3 Outcome: The mediator helps facilitate a resolution but does not impose a decision. If an agreement is reached, it is binding on both parties and will be documented in writing.

15.4 Arbitration

If mediation does not resolve the dispute, arbitration is the next step. Arbitration involves a neutral third-party arbitrator who will render a binding decision on the dispute.

15.4.1 Arbitration Agreement: By using our services, you agree that any disputes that cannot be resolved through negotiation or mediation will be settled by binding arbitration.

15.4.2 Arbitration Rules: The arbitration will be conducted under the rules of the Arbitration and Conciliation Act, 1996 of India.

15.4.3 Arbitration Location: Unless otherwise agreed, the arbitration will take place in the city where our company's headquarters are located.

15.4.4 Arbitration Fees: Each party will bear their own costs of arbitration, including attorney’s fees, but the cost of the arbitrator and administrative fees will be shared equally unless otherwise determined by the arbitrator.

15.4.5 Finality: The arbitrator’s decision is final and binding. Judgment on the arbitration award may be entered in any court with jurisdiction.

15.5 Class Action Waiver

You and Xpert Tutor agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and not in a class, consolidated, or representative action. This means that you may not seek to resolve any dispute as a plaintiff or class member in any purported class, collective, or representative proceeding.

15.6 Exceptions to Arbitration

15.6.1 Small Claims Court: Either party may bring a claim in small claims court for disputes within the scope of that court’s jurisdiction.

15.6.2 Injunctive Relief: Xpert Tutor may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

15.7 Governing Law

This Dispute Resolution section and any arbitration conducted hereunder shall be governed by the laws of India, without regard to its conflict of laws principles.

15.8 Limitation on Time to File Claims

You agree that any claim or cause of action arising out of or related to the use of our services or these Terms must be filed within one (1) year after the claim or cause of action arose. If it is not filed within this time frame, it will be permanently barred.

15.9 Severability

If any provision of this Dispute Resolution section is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the extent necessary to make it enforceable while maintaining the intent of the original provision.

15.10 Opt-Out Procedure

You have the right to opt out of this Dispute Resolution section by sending a written notice of your decision to opt out to the following address within 30 days of first accepting these Terms:

Your opt-out notice must include your name, address, and the email address associated with your account. Opting out of this Dispute Resolution section has no effect on any previous, other, or future arbitration agreements you may have with us.

15.11 Final Agreement

By using the Xpert Tutor Service, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Dispute Resolution section. If you have any questions or concerns about dispute resolution, please contact our support team for assistance.

16. Governing Law

16.1 Jurisdiction

These Terms and any disputes arising out of or related to the use of the Xpert Tutor Service will be governed by and construed in accordance with the laws of India. This includes but is not limited to, the Indian Contract Act, 1872, the Information Technology Act, 2000, and any other applicable laws and regulations.

16.2 Exclusive Jurisdiction

Any legal action or proceeding related to your access to, or use of, the Service or these Terms shall be instituted exclusively in the courts of competent jurisdiction located in [City, State], India. You and Xpert Tutor agree to submit to the personal jurisdiction of and agree to the venue of such courts.

16.3 Compliance with Local Laws

You are responsible for complying with local laws and regulations that may be applicable to your use of the Service, depending on your location. If you access or use the Service from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

16.4 Legal Actions and Notifications

16.4.1 Service of Process: You agree that all legal processes, notices, and communications in connection with any legal proceeding or action may be served to you electronically or by postal mail to the address you have provided to Xpert Tutor.

16.4.2 Language: The official language for all legal proceedings and communications will be English. If there is a conflict between the English version of these Terms and any translation, the English version will prevail.

16.5 Dispute Resolution Preference

Before resorting to legal proceedings, both parties are encouraged to seek resolution through the Dispute Resolution mechanisms outlined in these Terms (negotiation, mediation, arbitration). Legal proceedings should be considered a last resort after all other avenues for amicable resolution have been exhausted.

16.6 Applicable Laws

16.6.1 Indian Contract Act, 1872: Governs the formation and enforcement of contracts, ensuring that the terms agreed upon by both parties are legally binding.

16.6.2 Information Technology Act, 2000: Governs the use of information technology, electronic commerce, and data protection in India.

16.6.3 Consumer Protection Act, 2019: Provides protection to consumers, ensuring their rights are upheld and providing mechanisms for addressing grievances.

16.6.4 Intellectual Property Laws: Including the Copyright Act, 1957, the Patents Act, 1970, and the Trade Marks Act, 1999, which govern the protection and enforcement of intellectual property rights.

16.7 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the extent necessary to make it enforceable while maintaining the intent of the original provision.

16.8 Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, strikes, or other labor disputes, internet service disruptions, and other events of force majeure.

16.9 Entire Agreement

These Terms, along with any other policies or agreements referenced herein, constitute the entire agreement between you and Xpert Tutor regarding your use of the Service. Any prior agreements, understandings, or representations, whether oral or written, are superseded by these Terms.

16.10 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Xpert Tutor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.11 Amendments

Xpert Tutor reserves the right to amend these Terms at any time. Any amendments will be effective immediately upon posting on our website or otherwise providing you with notice of such amendments. Your continued use of the Service after any amendments signifies your acceptance of the updated Terms.

17. Modifications to Terms

17.1 Right to Modify

Xpert Tutor reserves the right to modify, amend, or update these Terms at any time. Such modifications may be necessary to reflect changes in the law, address new services or features, or for any other reason deemed appropriate by Xpert Tutor.

17.2 Notification of Changes

17.2.1 Advance Notice: When feasible, Xpert Tutor will provide you with advance notice of any material changes to these Terms. This notice may be provided through various means, including but not limited to, email notifications, announcements on our website, or through the Service interface.

17.2.2 Immediate Changes: In some cases, modifications may need to take effect immediately due to legal requirements or other urgent reasons. In such instances, Xpert Tutor will notify you as soon as practicable after the changes are implemented.

17.3 Acceptance of Modified Terms

17.3.1 Continued Use: Your continued use of the Xpert Tutor Service after any modifications to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

17.3.2 Review of Changes: It is your responsibility to regularly review these Terms to stay informed about any changes. The most current version of the Terms will always be available on the Xpert Tutor website.

17.4 Material Changes

17.4.1 Definition: Material changes are significant modifications that affect your rights and obligations under these Terms. Examples include changes to payment terms, user conduct requirements, and dispute resolution processes.

17.4.2 User Consent: For material changes, Xpert Tutor may require you to provide explicit consent before continuing to use the Service. This may involve accepting the new Terms through a pop-up notification or similar mechanism.

17.5 Minor Changes

17.5.1 Definition: Minor changes are updates that do not significantly affect your rights or obligations, such as clarifications, grammatical corrections, or updates to reflect changes in our services or policies.

17.5.2 Implementation: Minor changes will be implemented without prior notice, and your continued use of the Service signifies your acceptance of these updates.

17.6 Archived Versions

17.6.1 Access to Previous Versions: For your reference, Xpert Tutor may maintain an archive of previous versions of these Terms. You can request access to these archived versions by contacting our support team.

17.6.2 Comparison of Changes: When significant updates are made, Xpert Tutor may provide a summary or comparison of the changes to help you understand the modifications. This summary will be available alongside the updated Terms.

17.7 Impact on Existing Agreements

17.7.1 Existing Users: If you are an existing user at the time of a Terms modification, the updated Terms will apply to you upon your continued use of the Service. If you do not agree to the new Terms, you should terminate your account as outlined in the Termination section.

17.7.2 New Users: New users who register after the modifications take effect will be subject to the updated Terms from the outset.

17.8 Feedback and Queries

17.8.1 User Feedback: Xpert Tutor values user feedback on changes to the Terms. If you have any questions, concerns, or comments about the modifications, please contact our support team. Your feedback can help us make more informed decisions about future updates.

17.8.2 Clarifications: If any part of the modified Terms is unclear or you need further explanation, our support team is available to provide clarifications and assist you in understanding the changes.

17.9 Legal Compliance

17.9.1 Regulatory Changes: Xpert Tutor may need to modify these Terms to comply with new laws, regulations, or legal requirements. Such changes will be made promptly to ensure compliance and protect both Xpert Tutor and its users.

17.9.2 User Responsibilities: As a user, it is your responsibility to ensure that your use of the Service remains compliant with any changes to the Terms. Failure to comply with the updated Terms may result in the termination of your account.

By using the Xpert Tutor Service, you acknowledge that you have read and understood this Modifications to Terms section and agree to be bound by its provisions. If you have any questions or concerns about modifications to the Terms, please contact our support team for assistance.

19. Contact Information

19.1 Customer Support

For any questions, concerns, or issues related to the Xpert Tutor Service, you can reach our customer support team through the following channels:

- Email: care@xperttutor.com

- Phone: +91-751-009-111 (Available Monday to Saturday, 9 AM to 6 PM IST)

- Live Chat: Accessible through our website during business hours.

19.2 General Inquiries

For general inquiries, including information about our services, partnerships, or media requests, you can contact us at:

- Email: care@xperttutor.com

- Phone: +91-751-009-111

19.3 Address

You can also reach us by mail at our corporate office:

Xpert Tutor  

II Floor, Diamond City, PN-01, Campbell Rd,  

opposite S S Lawn, Kanhai Khera, Balaganj,  

Lucknow, Uttar Pradesh 226003  

India

19.4 Feedback and Suggestions

We value your feedback and suggestions to improve our services. Please send your thoughts to care@xperttutor.com. Your input helps us enhance the user experience and address any issues you might face.

19.5 Technical Support

For technical issues, including problems with accessing the website or using our platform features, contact our technical support team at care@xperttutor.com. Please provide detailed information about the issue to help us resolve it promptly.

19.6 Complaint Resolution

If you have a complaint or a dispute that needs to be resolved, please contact our dispute resolution team at care@xperttutor.com. We aim to address all complaints within a reasonable timeframe and provide a satisfactory resolution.

19.7 Social Media

Stay connected with us through our social media channels for updates, announcements, and support:

- Facebook: facebook.com/xperttutor

- Twitter: twitter.com/xperttutor

- LinkedIn: linkedin.com/company/xperttutor

19.8 Privacy Inquiries

For questions or concerns regarding our privacy practices, data protection, or to exercise your data rights, please contact our Data Protection Officer (DPO) at care@xperttutor.com.

19.9 Business and Partnership Inquiries

For business development, partnership opportunities, or investment inquiries, please contact us at care@xperttutor.com. We are always open to exploring new collaborations that can enhance our service offerings.

19.10 Educational Institutions and Corporate Clients

If you represent an educational institution or a corporate entity and are interested in our services, please reach out to our enterprise team at care@xperttutor.com for customized solutions and pricing.

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By using the Xpert Tutor Service, you acknowledge that you have read and understood this Contact Information section. For any further assistance or queries, please do not hesitate to reach out to us using the contact details provided above.