Eduk8me Terms & Conditions
General Terms & Conditions:
This is a agreement ("Agreement") between you (“Independent Tutor”) and Eduk8me Private Ltd. ("Eduk8me"). The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the IT Act 2000 (ITA-2000) and IT (Amendment) Act 2008 by the Government of India.
Permission to use Eduk8me’s marketplace: Independent Tutor acknowledges that Eduk8me provides an Internet-based marketplace for individuals seeking the services of a tutor to identify and retain the services of individuals seeking to provide tutoring services. By entering into this Agreement, Independent Tutor seeks permission to access Eduk8me’s marketplace subject to the terms and conditions set forth in this Agreement.
Non-exclusivity: Independent Tutor and Eduk8me acknowledge that this Agreement is nonexclusive and Independent Tutor is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Nothing herein precludes Independent Tutor from advertising or providing Independent Tutor’s services to the public. Independent Tutor may not advertise or offer to sell any goods or services for any commercial purpose on the Site that are not relevant to providing tutoring services on an independent basis.
Hours/Cancellation Fee: Independent Tutor shall set Independent Tutor’s own hours and schedule Independent Tutor’s own sessions with Tutor’s Students through the Eduk8me service platforms. Independent Tutor shall accept cancellation fee incase a Tutor’s Student cancels or does not show for a session as per the prevailing policy of Eduk8me.
Platform Fee: Independent Tutor exclusively determines and adjusts Independent Tutor’s session rate. Independent Tutor consents to pay a fee for the use of the platform (“Platform Fee”) and authorizes Eduk8me to deduct the Platform Fee directly from the Tutor’s Students payments Eduk8me collects on behalf of Independent Tutor. The Platform Fee shall be a percentage of the amount paid by Tutor’s Students to Eduk8me. The percentage shall be as set forth in the Tutor Payment Policies. Independent Tutor agrees that under no circumstances will Independent Tutor attempt to seek or receive compensation directly from Tutor’s Students.
Payment system: Independent Tutor agrees to abide by Eduk8me’s Tutor Policies and agrees not to subvert the payment system or to divert funds ordinarily payable to Independent Tutor through Eduk8me. Prior to commencing tutoring sessions or meeting with Tutor’s Students for any purpose, Independent Tutor must verify with Eduk8me that the prospective Tutor’s Student has paid for the service to Eduk8me. Eduk8me is not responsible for payments for sessions given before a prospective Tutor’s Student has appropriate paid for the session. Independent Tutor hereby certified that all content created on Eduk8me’s services platforms shall remain the sole ownership of Eduk8me in perpetuity.
Expenses: Independent Tutor acknowledges that Eduk8me will not reimburse Independent Tutor for any expenses incurred by Independent Tutor related to Independent Tutor’s rendering of services, including, without limitation, expenses associated with preparing for and administering sessions (including internet connection), educational and other materials, and transportation.
Supplies: Independent Tutor acknowledges that Eduk8me will not provide any supplies, materials or equipment required by Independent Tutor to complete the services for which Tutor’s Student retained Independent Tutor beyond the offered platform.
Taxes: Independent Tutor is responsible for all national, state, and/or local taxes due as a result of the services Independent Tutor provides to Tutor’s Students. Neither national, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by Eduk8me on behalf of Independent Tutor. Independent Tutor understands that it is Independent Tutor’s responsibility to pay any applicable taxes.
Benefits: Independent Tutor acknowledges that Independent Tutor is engaged in an independent business and not as an employee, and is not eligible to participate in any pension, health, or other fringe benefits plan of Eduk8me.
Insurance: No insurance shall be obtained by Eduk8me for Independent Tutor. Independent Tutor understands that it is Independent Tutor’s responsibility to comply with the Workers' Compensation Law. Independent Tutor further understands it is Independent Tutor’s responsibility to obtain any other insurance coverage applicable to the services Independent Tutor provides to Tutor’s Students.
Confidentiality: Independent Tutor acknowledges that, during the performance of services, Independent Tutor may have access to information relating to student's identity, address, contact information, and other personal information or requests for services ("Confidential Information"). Independent Tutor agrees that Independent Tutor owes a duty to Tutor’s Students, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement. The Independent Tutor is solely responsible for adhering to ITA-2000 and IT (Amendment) Act 2008.
Documents and Content: Independent Tutor acknowledges that a copy of all documents created or received by Independent Tutor in connection with the administration of services performed hereunder ("Tutor Documents") may be retained by Eduk8me and used for its administrative purposes. For purposes of this Agreement, Tutor Documents does not include materials solely associated with the teaching of Sessions including Session plans, notes, outlines, tests and homework and Eduk8me acknowledges these materials belong to the Independent Tutor.
Indemnity and hold harmless clause: Independent Tutor agrees to indemnify and hold harmless Eduk8me, its subsidiaries, affiliates, other independent contractors and their respective directors, officers, employees and agents, from and against any and all claims, losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Independent Tutor of work performed in relation to this Agreement, including any act by Independent Tutor inconsistent with Independent Tutor's obligations and duties under this Agreement. Independent Tutor understands that Eduk8me offers an Internet-based marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Accordingly, Eduk8me makes no representations to Independent Tutor about the suitability, character, or background of any Eduk8me user (including, without limitation, Tutor’s Students or their parents or guardians), nor does Eduk8me perform any type of background check of users including, without limitation, Tutor’s Students or their parents or guardians). It is Independent Tutor's sole duty to exercise Independent Tutor’s own judgment, protocols and/or standards when considering whether to engage in tutoring services with a potential Tutor’s Students. Independent Tutor and Tutor’s Students understands and agree that it is their responsibility to conduct all background and reference checks regarding other Platform users. Independent Tutor and Tutor’s Students are never obligated by Eduk8me to pursue any tutoring opportunity.
Copyright Assignment: Eduk8me does claim complete ownership of content that Independent Tutor provides on the Platform including, but is not limited to, class video recordings, articles, lessons, worksheets, tutorials, files, testimonials, reviews ("Site Content").
Eduk8me shall have no obligation of any kind with respect to above content. Unless otherwise stated herein, any Site Content that Independent Tutor provides in connection with the Platform shall be deemed to be provided on a non-confidential basis. Eduk8me shall be free to use or disseminate such Site Content on an unrestricted basis for any purpose, and Independent Tutor grants Eduk8me an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish any Site Content (including in digital form). Independent Tutor represents and warrants that Independent Tutor has proper authorization for the worldwide transfer and processing among Eduk8me, its affiliates, and third-party providers of any information that Independent Tutor may provide on the Site.
Assignment: Independent Tutor may not assign or transfer this Agreement without the prior written consent of Eduk8me.
Academic Dishonesty: Independent Tutor and Tutor’s Students agree not to use the Platform to engage in academic dishonesty (e.g., completing assignments, writing papers, taking tests on someone’s behalf, or work completion in violation of conduct policies of a school, university, academic institution, or workplace) or other misconduct involving either party.
Deactivation of Platform Use: Independent Tutor may deactivate their account at any time. Eduk8me may deactivate an Independent Tutor’s account for the following reasons:
(a) Independent Tutor’s failure to meet Eduk8me’s platform vetting requirements.
(c) Eduk8me’s good faith belief of Independent Tutor’s misappropriation of Tutor’s Students from the Platform for Independent Tutor’s own pecuniary gain.
(d) Eduk8me’s good faith belief of entry of a restraining order or conviction of any felony or misdemeanor involving violence, sexual conduct, conduct involving a minor, abuse, fraud, larceny, or endangerment.
(e) Independent Tutor’s failure to cooperate in good faith to resolve a Tutor Student’s complaint or excessive complaints.
(f) Independent Tutor’s repeated failure to respond timely to direct contacts through Tutor’s account.
(g) For any other reason on 30 days written notice to Independent Tutor.
In the event Eduk8me terminates Independent Tutor’s platform use, Eduk8me will provide an email notification of deactivation.
Amendment: This Agreement may only be amended or modified by Eduk8me at any point in time by publishing an amended version of the agreement on the Platform. Independent Tutor’s and Tutor’s Students hereby agree to continue to abide by this agreement and any amendment that follows as published on Eduk8me platform. Incase of any disagreements the Independent Tutor and/or Tutors Student must intimate Eduk8me in writing within 72 hours of publication of amended agreement on their Platform.
Severability: If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
Governing law: This Agreement shall be governed by and construed in accordance with the substantive laws of the Government of India.
Entire agreement: This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between Eduk8me and Independent Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.
Incase of any concerns or queries with respect to these terms and conditions of utilizing Eduk8me services or Platforms please contact us at email@example.com
No Refunds After Access: Once your tutoring session has commenced on our platform, no refunds will be granted under any circumstances since the tutors are paid based on our stringent tutor payment policies.
Refunds for Unused Access: Refunds will only be considered for unused access to the tutoring session if a written request is submitted within 24 hours of the purchase. A 30% processing fee will be deducted from the original purchase amount before issuing the refund.
Full or Partial Refunds: A full refund would only be considered if there was a technical issue or system failure in the control of Eduk8me Pvt. Ltd. This does not cover any issues faced by the user due to their internet service provider, equipment used by the user (desktop, laptop or tablets) or any other issues beyond the realm of technologies provided by eduk8me directly for facilitation of the tutoring session. Even in such cases, a 30% processing fee will be deducted from the original purchase amount before issuing the refund.
A partial refund may be considered in cases where a user is dissatisfied with a tutoring session. However, this is subject to review by our team, factors such as quality of the session and nature of the issue will be considered. Such refunds are the sole discretion of Eduk8me Pvt. Ltd. and in no way constitute a commitment on our part. Partial refunds will only be considered if a written request is submitted with 12 hours of the tutoring session ending and is accompanied by a tutor rating and feedback on the platform as per the standard feedback process.
Downloadable Materials: Any downloadable materials, such as PDFs, e-books, or other digital files, are non-refundable once downloaded. Eduk8me is not liable for any exchange of files or information between the tutors and students directly within our outside of our platform.
Interactive Sessions: Fees for one-on-one or group interactive sessions, workshops, webinars, or any other live events are non-refundable once the session has taken place unless identified in the partial refund policy.
How to Request a Refund:
To request a refund for unused access within the first 24 hours of purchase, please send an email to firstname.lastname@example.org with the following information:
Subject Line: Refund Request - [Your Order Number]
Your Full Name
Email Address Used for Purchase
Reason for Refund Request
Please allow 7-10 business days for us to process your refund request. Refunds, if approved, will be issued using the same payment method used for the original purchase.
If you have any questions about our refund policy, please contact our customer support team at email@example.com before making a purchase.
By making a purchase on our platform, you acknowledge that you have read and agree to our refund policy outlined above.
Thank you for choosing Eduk8me.ai, we are dedicated to providing high-quality access and support for your learning journey.