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WWOLT Terms and Conditions
last updated on 01 Apr 2012
All Users of the WWOLT Website shall immediately upon use become a part of this Agreement. By using the WWOLT Website the User agrees to be bound by the Terms and Conditions outlined below. If you do not wish to be bound by these Terms and Conditions, you should not use this site.
WWOLT shall have the meaning as set out below.
"you" means the User of the WWOLT Website and "your, "yourself" shall be interpreted accordingly.
"we/us" means WWOLT and "our" shall be interpreted accordingly.
"User Information" means the personal details, which may be provided by you to us via the WWOLT Website.
"Users" means the users of the WWOLT Website collectively and/or individually as the context admits.
"Website" means the WWOLT website on the World Wide Web.
"Service" means all content, features, products, and offerings provided through the Website, including the User interface features.
2. Changes in Terms and Conditions of Website
"WWOLT", "we", "us" or "our" as the case may be provides the Services defined below to you, subject to the following Terms and Conditions. The Company reserves the right to change these Terms and Conditions from time to time (without giving prior notice to you.) on it's own discretion and your continued use of the Website will signify your acceptance of any adjustment to these Terms and Conditions. It is your responsibility to review the most current version of the terms at any time at: http://www.wwolt.com/termsofuse.html. Your use of this Website will be deemed an acceptance of the terms existing at that time.
3. For all the Users around the Globe
Considering the internet is accessed across the globe, you agree to comply with all the applicable laws, statutes, rules, regulations and codes regarding online conduct and acceptable Content and use of relevant Channels.
4. Registration Obligations
4.1. In consideration of your use of the Service, you agree to:
4.1.1. provide correct, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") ;
4.1.2. maintain and promptly update the Registration Data to keep it correct, accurate, current and complete. If you provide any information that is incorrect, inaccurate, not current or incomplete or WWOLT has reasons to suspect that such information is incorrect, inaccurate, not current or incomplete, WWOLT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you;
4.1.3. Provide Accurate Time zone: It is the responsibility of the Learners and Tutors to provide accurate timezone (with respect to GMT) while registering and while scheduling the session or recording their availability. We recommend the guardian to assist the Learner to ensure the accurateness of the time zone;
4.1.4. Provide Accurate email ID: It is the responsibility of the User to provide correct email id. We will not take any responsibility if incorrect email id is provided by the User intentionally or non-intentionally. This email ID may be provided, but not limited to, while registering, while sending query;
4.1.5. Profile Updation of non-editable fields: If you want to update non-editable data, mail us at firstname.lastname@example.org from your Registered Email ID (REID).
4.2. Member account, password and security
You will receive a password and account information upon completing the Registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
4.2.1. immediately notify WWOLT of any unauthorized use of your password or account or any other breach of security;
4.2.2. ensure that you exit from your account at the end of each session. WWOLT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section;
4.2.3 not reveal and/or share your username and/or password to anyone.
5. Use of Service without Registration
We may provide you with access to some parts of the Service without your registration as a User. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with the Terms and Conditions.
6. Contributions to WWOLT
By submitting ideas, suggestions, feedback and/or proposals (Contributions could be in any forms like document, presentation, text, etc.) to WWOLT through its suggestion or feedback webpages, you acknowledge and agree that:
6.1. your Contributions do not contain confidential or proprietary information;
6.2. WWOLT is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
6.3. WWOLT shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
6.4. WWOLT may already have something similar to the Contributions already under consideration or in development;
6.5. your Contributions automatically becomes the property of WWOLT without any obligation of WWOLT to you; and
6.6. you are not entitled to any compensation or reimbursement of any kind from WWOLT under any circumstances.
7. No resale of Service
You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service
8. Storing of session
All the tuition sessions held through WWOLT Website are/will be the intellectual property of WWOLT and the Users are not allowed to redistribute, copy, publish or use it for any commercial purpose. WWOLT may choose to save and store the sessions held via Website and on it's discretion may make it available for others to access and view the recorded session. Your agreement to this Terms and Conditions constitutes your consent to allow WWOLT to store these sessions and made available to others to access.
You agree to indemnify and hold WWOLT, and our licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, Learners, Tutors, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit or make available through the Service, your use of the Service, your connection to the Service, your use of any Channels, your violation of the Terms and Conditions, or your violation of any rights of any other person, or your breach of any applicable law.
10. Modifications to Service
WWOLT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice, for any reason whatsoever, whether generally or limited to you only, you agree that WWOLT shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.
11. Modifications to price
We reserve the right at any time and from time to time to change the prices of the products and services with or without giving any prior notice.
You agree that WWOLT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WWOLT, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions or that you are a repeat infringer of intellectual property rights. WWOLT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, whether for selected or all Channels. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that WWOLT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WWOLT shall not be liable to you or any third-party for any termination of your access to the Service.
13. Disclosure of Content
You acknowledge and agree that WWOLT may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
13.1. comply with legal process;
13.2. enforce the Terms and Conditions;
13.3. respond to claims that any Content violates the rights of third-parties;
13.4. respond to your requests for customer service; or
13.5. protect the rights, property, or personal safety of WWOLT, its Users and the public.
13.6. You understand that the technical processing and transmission of the Service, including your Content, may involve
13.6.1. transmissions over various networks; and
13.6.2. changes to conform and adapt to technical requirements of connecting networks or devices
13.7. Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.
14. Website - Errors, Availability and Fitness of use
This Website could have certain errors and inaccuracies which are unintentional and we will not be held liable for any errors or omissions contained in the Website. This Website may make improvements and/or changes in the Products, Services, Programs, look and feel of the page, including Terms and Conditions described herein at any time without notice and liability. WWOLT does not in any manner claim that the site and the Services provided under it will be free from viruses/bugs, errors/defects or can be accessed without any interruption.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this Website or its Content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the Service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this Service you thereby indemnify WWOLT, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
15. Cancellation/Refund Policy
Refund policy is as given below:
80% refund if you have paid for the session but is not confirmed yet to recover the administrative expenses incurred.
60% refund if your session is confirmed (but should be before 5 days of the scheduled session)
40% refund if your session is confirmed (but should be before 72 hours of the scheduled session)
20% refund if your session is confirmed (but should be before 24 hours of the scheduled session)
No refund is made for session cancelled within 24 hours of the scheduled session.
In case we refund the money, please intimate us non-receipt of the refund within 7 days from the day we refund the money. You can email us from your Registered Email ID (REID) to email@example.com
Cancellation/Refund Policy may change without prior notice
16. Medium of Training The medium of training will be English.
17.1. while making payment, User must follow the Payment instruction as given in the Help page else the transaction may not be complete.
17.2. Users should not save the address while payment is made.
17.3. Cancel Payment: If the User is redirected to the Cancel Payment page, they can retry for the payment or mail us at firstname.lastname@example.org from their Registered Email ID (REID) mentioning the steps which led to the error and attach the screen shots. Also they should mention their ID (Learner ID or Tutor ID as applicable).
17.4. Confirm Payment: If the User's payment is successful and is redirected to the Confirm Payment page, they are requested to note down the Transaction ID which appears in the Confirm Payment screen. They should mention this Transaction ID in all the communications regarding the particular payment.
18. Website usage for under 18/Age Limit
User must be above 18 years of age to use this Website. However individuals who are under 18 years of age may use this Website under the guidance of parents or guardians. Guardian should be above 18 years of age.
We are concerned about the safety and privacy of all our Users, particularly children. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and/or Content is appropriate for you.
Age of Tutor must be over 18 years.
19. No guarantee of performance
The main objective of WWOLT is to assist the Learners and does not guarantee performance of Learner in tests, exams, classroom, etc. Therefore, WWOLT cannot be held liable for the performance of the Learner.
20. Tutors/Learners agree that
They should ensure there is no background noise during the session;
They should not try to use, other than what is required, any other functionalities (like upload, save, etc.) during the session;
They should not be abusive or disrespectful to anyone during the session or in any of the communication and should maintain Learner-Tutor decorum;
They should treat everyone in the session with respect;
They should not disclose any personal details like email, contact numbers, etc. to anyone or ask for the same from anyone in the session;
They should not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the session;
They should not argue during the session. In case there is any disagreement, that should be sorted out separately after the session has completed;
They should be punctual and log in for the session at the scheduled time;
They must be in mute if they are not speaking during the session;
They must bear the cost of all the services and materials (internet connectivity, Headphone, pen-tablet, etc.) required to conduct the session;
They must use headset to hear and speak during the session;
There may be a situation when we may not be able to conduct a confirmed session for the reason which is beyond our control.
20.1. Conduct of Tutors:
Tutors agree that they will
not solicit any personal information from any Learner, and agree that if any Learner ever discloses such information to them, asks them for any personal information, or suggests any offline meeting or conversation, they agree to immediately report this to us;
20.2. Conduct of Learners: (Guardian to ensure Learner follow the below conduct)
Learners agree that they will
not solicit any personal information from any Tutor, and agree that if any Tutor ever discloses such information to them, asks them for any personal information, or suggests any offline meeting or conversation, they agree to immediately report this to us;
be punctual and log in for the session at the scheduled time. In case the Learners joins the session late, they must do so quietly and without disturbing the flow of the session;
shall press "put up hand" button in case they have any question during the session.
21. Tutor's Terms
21.1 Tutor will be paid for the completed session within 4 weeks from the time the session was completed;
21.2 Tutor may be informed last minute about the cancellation or the changes in the session;
21.3 Tutor will be requested to provide necessary information (like PAN number, Bank Account details to make payment, Phone number to reach them etc.);
21.4 Tutors should not consider themselves to be employees of WWOLT;
21.5 Tutors should be responsible for all their Income Tax and other liabilities payable in relation to any fees generated from tutoring contract.
If you find that anyone violating the conduct mentioned above, you can mail at email@example.com from your Registered Email ID (REID).
22. Victim of identity
If you suspect that you are a victim of identity theft and it involves the WWOLT account, you should notify immediately by emailing at firstname.lastname@example.org. You should report this instance to all your credit card issuers as well as your local law enforcement agency. WWOLT reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. WWOLT is not obligated to credit or discount a membership for holds placed on the account by either a representative of WWOLT or by the automated processes of WWOLT.
23. General Conduct of using this Website
You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
23.1. interfere with the ability of others to access or use the Services;
23.2. disrupt the normal flow of communication or otherwise act in a manner that negatively affects other Users' ability to use the site or the Services;
23.3. claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or
23.4. interfere with or disrupt the Services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services.
Some of the hyperlinks and banners on the WWOLT Website may lead to other websites that are not controlled by, or affiliated with, WWOLT. In addition, other websites may link to the WWOLT Website. Further, we do not monitor or review the content of other party’s websites which are linked to from this Website. WWOLT has not reviewed these websites and is not responsible for the content or privacy policies of these websites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. WWOLT will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. You further acknowledge and agree that WWOLT shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
25. Links to this Website
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
26. WWOLT's Proprietary Rights and Intellectual Property
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property including copyright and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is/may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the content (excluding content owned by you), in whole or in part.
The trademarks, trade names, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered trademarks of WWOLT, it's affiliates and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of WWOLT or such third party that may own the Trademark displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.
All copyright, trademarks and all other intellectual property rights in all material or Content supplied as part of the WWOLT Website shall remain at all times vested in us or our licensors. You are permitted to use this material or Content only as expressly authorised in writing by WWOLT. You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or Content.
If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately at email@example.com.
You acknowledge that by posting materials on the WWOLT Website you grant to us and our licensors and assignees an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the WWOLT Website and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
27. Disclaimer of Warranties
You expressly understand and agree that:
27.1. Your accessing or use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
27.2. WWOLT and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
27.2.1. The Service will meet your requirements,
27.2.2. The Service will be uninterrupted, timely, secure, or error-free,
27.2.3. The Service will be accessible at any time or at all times via the Channel selected or used by you,
27.2.4. The information, Content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the Service, or the results that may be obtained from the use of the Service, will be accurate or reliable,
27.2.5. The quality of any Products, Services, information, or other items displayed, purchased or obtained by you through or in connection with the Service ("the Products") will meet your expectations
27.2.6. Any errors in the software will be corrected.
27.3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
27.4. Any use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the Service or materials. The materials are provided or made available by us on an "as is" basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
27.5. No advice or information, whether oral or written, obtained by you from WWOLT or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions.
27.6. WWOLT does not make any warranty as to the accuracy, or completeness of any information, provided on the WWOLT Website
28. Limitation of Liability
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:
28.1. The Service, the materials and the products;
28.2. The use or the inability to use the Service;
28.3. The cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service;
28.4. Unauthorized access to or alteration of your transmissions or data;
28.5. Statements or conduct of any third party on the Service;
28.6. Any goods or Services disposed of or messages sent or received using the Service; or
28.7. Any other matter relating to the Service, the materials or the products.
29. General Information
Entire Agreement: The Terms and Conditions constitute the entire agreement between you and WWOLT and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The Terms and Conditions do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional Terms and Conditions imposed by that party. You also may be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
Governing Law and Jurisdiction: The Terms and Conditions and the relationship between you and WWOLT shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and WWOLT agree to submit to the personal and exclusive jurisdiction of the courts located at Bangalore, India.
Waiver and Severability of Terms: The failure of WWOLT to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
No Right of Survivorship and Non-Transferability: You agree that your WWOLT account is non-transferable and any rights to your WWOLT ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) month after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
30. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any Agreement contained herein.
31. Communication from/to WWOLT
31.1. We will contact you via WWOLT email IDs only. You should not respond to any email coming from any other site posing as WWOLT. We will not be responsible for any consequence whatsoever if you send email to any other website.
31.2. Some of the emails will be sent (emailed in 'To' or 'cc' or 'bcc' list, forwarded, replied, etc.) to the Guardian also in case the Learner (or the User) is less than 18 years of age or the Guardian's email ID is provided.
31.3. Requesting for password: If you are requesting for password through the Website page 'Forgot password' and if it does not reach you within 10 minutes, email us at firstname.lastname@example.org from your Registered Email ID (REID).
31.4. Medium of communication: Unless specified, the medium of communication is English (both spoken & written) only.
31.5. Communicating to WWOLT: We have different e-mail addresses for different requests/queries. These email addresses are mentioned at different locations/pages in the WWOLT Website, email which we send, warning/error messages displayed while using the Website. Enrolled Users (Learners, Tutors, etc.) must send the email from their Registered Email ID (REID) for ANY communication with WWOLT.
31.6. While contacting (via any form of communication-email, phone, session meeting, etc.) WWOLT, the Users must follow the following code of conduct
31.6.1. should not be abusive whether spoken or written
31.6.2. language should not be indecent.
Notices to you may be made via either email, regular mail or links in the Website. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
33. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement.
Please mail us any violations of the Terms and Conditions to email@example.com. If you are an enrolled User, you must mail us from your Registered Email ID (REID).
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