1. Outline and Main Definitions
Newgentutors.com World Wide Web site (site), providing services in connection with (the Services) and the downloadable software from newgentutors.com or the site related to the Software Services are possessed, operated and sustained, as applicable by Newgentutors.com. �We,� �Our� and �Us�). (1) By accessing or using the services or the site. (2) Software download, access, install and use; (3) Payment to someone for using or accessing the Services or site or downloading, accessing, installing or using the site as applicable the services, the site or the software and the terms and conditions decided are agreed to, neither your designee or you accesses, downloads or installs or use the Software, site or Services. As per the agreement, �you� refers to the guardian or parent who is going to make payment for accessing the Services or the student using or accessing the Services. If you are a guardian, parent or any other person helping a child in accessing the Services, you are in fact, agreeing to be responsible for any indemnification or damages that may be against a child, as per his or her age.
You can embark on printing the document and hand it to someone who is authorizing your tutoring account or is paying for your account The terms can undergo change at any time as we reserve the right to do so. After posting the modifications on the website, it will become effective immediately, and you can continue to use the site, the software as well as the services if you agree to the modifications made. The current versions of the terms that are posted on the site should be agreed to review periodically.
The users can connect to the tutors, who are known for providing live tutoring, instructions on one to one basis, learning services with the help of the online tutoring sessions with the support of the site, software as well as the services provided by us. The services that are included contains hosting and facilitating of the tutoring sessions that are conducted, keeping track of the favorite tutors of the users, matching of the users with the available tutors as well as taking proper feedback from the users.
According to our services all the tutors are required to pass a verification service arranged by the third party, this helps in confirming the validity of the tutors, the educational credentials that they have claimed as well as to check any past criminal history. We have no responsibility as well as no control of the verification service that is conducted as well as any information provided by the verification service. We also do not provide any warranty as well as we do not represent or provide endorsement regarding the reliability as well as the authenticity of the tutors as well as the verification service conducted.
The responsibility is solely upon you for the cost, the fees to be borne for your access and use of the services, the telephony services, and other services. You are also responsible for the usage and access of different types of equipment like the computer hardware, maintaining of the telephone.
In a standard year, the services provided by us are available for 360 days whereas in a leap year the services are available for 361 days. The days when the services are unavailable includes the Independence Day, the Christmas Day, New Year Day as well as the Thanksgiving Day. According to the Eastern times, the services on the holidays closes at 2:00 a.m. and the next day it begins again at 2:00 a.m.
For performing regular maintenance and up gradation the service of the Tutor.com will be unavailable periodically during Wednesdays from 8:00 a.m. to 11:00 a.m.
4. Registration obligations
For using the services, you will be required to register on our site, obtain the username and password for your account and you will also be required to pay the applicable fees. While you are registering, the information that is provided by you will be helpful for us in offering network management services, relevant contents as well any services related to the customer service. The responsibility for maintaining the confidentiality of your account(s), passwords(S) as well as your username(s) solely depends on you. You are also responsible for the liabilities as well as the activities that are associated with your account or occurring with your username and password. Any such unauthorized usage of your username(s), password(s) of your account should be immediately notified. For the purpose of security at the end of each session, you must properly exit from your account. We are not responsible for any damage or loss that arises if you fail to comply with the requirements mentioned above or due to the usage of your username(s), account(s) or password(s), by taking your permission or without receiving your permission. In such situation, you could also be held liable for all the losses that are incurred by any other party or by us because of someone else�s usage of your account(s), password(s) or username(s).
5. User content
Any kind of information, ideas, communications as well as materials that have been uploaded, communicated or transmitted by you or posted to us or to the site and the services or the tutors will not be treated as confidential as well as proprietary and can be used by us for any kind of purpose and will also not be limited to the development of professionalism or quality control as well as any form of development, marketing as well as manufacturing of the future services as well as the current services. Once you upload any user content, you automatically provide the authority and warranty that the owner of the content has granted the non-exclusive, royalty-free, license and worldwide right for using, modification, performance, displaying, publishing as well as transmitting the User content for any purpose. The source of materials for an academic purpose like the workbooks as well as the textbooks are an exception to the rules mentioned above, and you can assert under the �fair rule� of the doctrine of copyright law that you are entitled to upload such content. If you are requesting help from any page or any problem from the workbook or the textbook that needs to be displayed or represented by the system then you should express warranty that you have the proper legal possession of the textbook and that the instruction provided by you to display a problem or a page from the textbook or the workbook is made for the facilitation of you tutoring sessions and it is one of the fair examples of the �fair use� of the copyright law. You should also agree any or all part of the tutoring session including the communications of the voice chats may be recorded for the purpose of quality control as well as other purposes. We also possess the right to review the session related to tutoring. You will also have to agree to the fact that we have the ownership of all the transcripts as well as the recordings of the sessions of tutoring and all the comments that are provided by you on our site as well as to us, the services will be a part of the user satisfaction or any other similar kind of surveys and all the above-mentioned terms will be considered as an irrevocable assignment of all the comments and transcripts and we will have intellectual property right to every portion.
You also need to provide an acknowledgement that the technologies that are underlying the services, the Software, materials, designs, communications, text, graphics, materials, links, animations, audio clips, electronic arts, video clips, images, artworks, illustrations, photos as well as other data or any other material that is copyrightable including the arrangements and the selections that are provided or are made available having connection with the site the services the software�s that are collectively termed as the �Company Content� and we are the owner of the works and our affiliations and the third party suppliers and providers and are also protected without any kind of limitations and persuasion to the US and any foreign copyright laws. Exception has been expressed and authorized by us in the mentioned terms that you are not allowed to copy, publish, distribute, reproduce, perform, broadcast, modify, circulate, create any derivative work related to the lease, rent, assign, sell, sub license, display, transfer, transmit, collect in a database or compile or in any matter exploit the site, the services, the Company Content, in a part or in whole. You will also not be in any manner without getting any prior approval in written, disassemble, reverse engineer, decompile, reverse assemble or try to discover any source code of any other Company Content or the Software, the services or the sites. You are also not permitted to store any significant portion of the services or the Company Content in any form whether it is in the form of computer-readable files, or archival files or files of any form. You are also not permitted to �mirror� any of the services and the Company Content on the server. Prohibited or unauthorized usage of the other Company Content, Software, services as well as the site are subject to offend to the criminal prosecution and civil liability under the applicable Federals as well as the state laws.
You are permitted to print and download sufficient number of the copies of the documentations that are provided or are available having connection with the Company Content for any personal or educational use that is non-commercial in nature and we also offer to grant you a limited, revocable, non-assignable, non-perpetual, non-transferable, non-exclusive, royalty-free license for accessing and utilizing the Software, the services and the Company Content for any personal or educational purpose that is non-commercial in nature having the terms mentioned in full effect and in full force: it is provided that i) any copies of the documentation that have been permitted and that are available or are provided in connection with the Company Content contains in the form that is unmodified a)all the designations of the languages that are provided by us to you is an indication of the confidentiality of the content b) all the proprietary rights as well as the copyrights notices that are contained in the materials that have been initially provided by us to you as well as any original source of attribution that is applicable to the third parties ii) You are not permitted to modify any portion of the Company Content except getting written approval from us in advance. You need to acknowledge that we as well as the third parties hold all the rights, interest and title into all intangible as well as the tangible aspects of the Company Content, the services, the sites including without any limitation, all copyrights, patents, as well as trade secrets except for any limited set of rights, you have no right and license related to the intellectual property in respect to printing, downloading the Company Content, including without any limitation, by using the site and accessing the site as well as the services and the Company Content. The rights that have been granted to you are revocable by us according to the Terms.
7. Confidential information
You agree that you will safeguard the services and the Company Content that is collectively known as proprietary information and you will also prevent any negligent, unauthorized and inadvertent use of disclosure. Without taking advance written approval from us you will not indirectly or directly disclose or use the information related to the proprietary to any business entity or any person, your employees are in a position that they need to know are an exception who provide agreement in writing and are bounded by the restrictions on use and also the terms and restriction are equally restrictive like the above-mentioned terms. You also agree to offer a written notification of any disclosure or use of the proprietary information in a manner that is not consistent, and that will cause a damage that is irreparable in nature, and we have the sole right to i) injunctive as well as equitable relief for preventing such prohibition of use as well as disclose, ii) recovery of the amount of all the damages that includes the fees of the attorneys as well as the expenses in connection with the prohibition of use as well as disclosure.
The services, as well as the sites, will provide a link to the resources i.e. the third party sites, the Newgentutors.com and the World Wide Web sites. It may also include links to be sent to the third parties by the newgentutors, which can cause the third party sites to pop up the reviews including the online education pages as well as the study resources. We do not have any control over the third party sites so you have to provide acknowledgement and also agree that we will not be responsible for the availability of the third-party sites, and we offer no endorsement and are not liable or responsible for any of the advertising, content, services, products or other materials that are available from the third party sites. You will also have to provide acknowledgement that we shall not be liable or responsible, indirectly or directly, for any of the loss or the damage that is caused and is connected with the usage of any content, services, products, other materials and advertising that are available with the third party sites or of any of the slander, mistakes, falsehood, pornography, omissions, defamations, libel, obscenity, profanity that is contained therein.
9. Conduct frauds and consequences of frauds
You are only allowed to access the site and use the services and the Company Content for the purpose of law. You have the sole responsibility for having the knowledge of all the rules, regulations, and laws pertaining to the use of the services provided by us. You are not permitted to distribute, upload, or publish using the site as well as the services and content that you do not have the right for transmitting or that is illegal, defamatory, obscene, pornographic, invasive of publicity rights and privacy, libellous, threatening, objectionable or that could cause encouragement of any criminal offence, or that will violate the party rights, or that can cause violation of any laws. You must also agree that in any case you will not i) cause interference with other�s ability to use the services as well as access the services ii) should not cause disruption to the normal flow of communication and also should not act in a manner that will affect negatively ability of the other user�s for using the service and the site, iii) should not possess a relationship with any individual or speak to any individual, institution, business association or any other organisation for which you have no authorisation for claiming such a relationship, iv) you should also not interfere with or cause disruption to the services or the networks or the servers that are being connected to the services, or cause any disobey for any requirements, policies, regulations of the networks that are connected, procedures related to the services. You should also agree that the Tutor will be treated with respect and you should also not use any kind of obscenity in the class room, or discuss any matters other than the subject, make threats. You should also agree that any information should not be disclosed to the user as that can identify you personally; information�s include your name, address, email address, telephone number, social security number, password that will be sufficient for locating your location. If such agreement is violated it can cause suspension of your account. You should also agree that you will cause no solicitation of any information from the tutor, and also should agree that if any tutor discloses such information or offer suggestion of meeting or conversing offline you should report about this in writing or by phone.
You should also acknowledge that we have the right to screen the user content and also can remove any such content and can also terminate any tutoring session. We have the right to remove any user content that is objectionable and that violates the terms. You should offer acknowledgement and should also agree that we can preserve user content and can also disclose the content in accordance with the law and also in the faith and belief that the disclosure is important according to the legal process and responding to the claims that any content has violated the rights of the third parties and also for the protection of our rights, personal safety as well as property.
You should also agree that if you cause defrauding and access to the system with the help of any methods that is improper or attempt to use such methods or if you allow any person to do so then you will be charged 50$ per hour and all the costs that we have incurred for detecting as well as investigating your actions for per hour that a) you have improperly obtained b) used c) and allowed any other person to do so.
You will have to agree with the investigation cost that we offer. It is only at the price of $250, which includes the attorney fee charge, the private and the forensic investigator's fees, and the paralegal time involved and any related fees attached with it. The cost also includes the charges linked with the collection of the amounts you owe. These costs include cost of investigation process that deals with the cost of requesting for subpoenas from the courts and then further serving the subpoenas on yourself as well as the Internet service providers or different phone companies or the schools, and if any other person or organization is involved in the assistance of the entire investigation process.
If any defrauding of defrauding is done with the system, or in other words if the accessing process is not done properly, then the proper purpose of this document changes. This defrauding with our system means the creation of accounts and using the added time in such a manner that is different than our pre-defined procedures for the creation of the accounts and then further involving the payment you have received for the tutoring.
There are various ways in which one may lead to the improper access of our system. Some of the examples for the same are as follows:
- � Usage of any means to deceive our registration and payment procedures.
- � Accessing our system even after the permission of accessing the account has become void or invalid.
- � In case you share any information regarding your account or anybody�s account with the third party. The third party�s identity may be known or unknown. Even using a third party�s account is considered a part of improper access.
- � It is also illegal if the account is left logged in with our system under any circumstances. Even if you are letting any other person use your account, then it falls under the category of improper access.
- � Other methods and artifice of improper access include the using of multiple email id and phone number just to ignore our payment and registration procedure, using any kind of promotional codes like �Get started� or any other offers, avoiding the depletion of the minutes of the accounts deliberately, any kind of selling or auctioning activity of the login credentials, and indulging into fraud of credit cards.
10. Disclaimer of Warranty; Limitations
Any portion or the entire terms of the service, the company content and the site are to be expressed and applied in the same way �as is.� We, thereafter, do not take any warrant or representations of the use, validity, and reliability of the results of the terms of services and respecting the entire or any portion of the company content and the site or any of the third party�s site.
It is further declared that we shall not be liable to any kinds of damages, be it direct or indirect or any other kind under any circumstance, even if our authorised representative is advised of the chances of damages. The damage can be any kind lik the loss of data due to the use or inability to use the site and company content. If there is a need of any repair or modification with the services, the terms, and the company content while using the site, then you may assume the costs. The above terms may not apple to those who belong to states that do not allow this exclusion. We or our associated third parties do not warrant the authenticity of the information or text or graphics of content on the site or the services at any stage of verification procedure of the services. You further agree that we or our agents are not responsible under law for any instruction or service provided through our site about the company content and the terms of the services.
You hereby agree to indemnify or reimburse, defend, and harmless to us and all our associated affiliates, directors, agents, officers, partners, representatives, licensors and different third party providers. The third party providers may comprise of all our subsidiaries� officers. The indemnification process involves in the costs related to any expenses, losses, damages, claims, and demands. Further, including the attorney�s cost as well as any expenses on the user content that you submit, post, or email, the use of our services, company content, or you intend to breach any of these Terms. We also reserve the full right, at our cost and expenses, assuming the defense and the control in any matter otherwise in case of, the subject of indemnification by you; you agree to fully cooperate with such defense and control.
12. Trademark Notice
Any trademarks, logos, or service marks that are used and displayed by us on our website, or in the form of Company Content are registered and unregistered trademarks associated with us and are protected, thus following the U.S and the laws of the foreign trademarks. Anything displayed on our website, services, or otherwise should not be considered as granting, by any implication or interpretation of any kind. The rights and license to use any of the Trademarks from the site are mentioned clearly with the site, company content, services or the software. If in the case of using the trademark without permission is done, then it may lead to enforcement of the intellectual property rights according to the law. It is recommended not to violate the law by the use of a trademark without the consent and written permission of the trademark owner. We also prohibit the usage of our logos as �hot� link to any World Wide Web site unless and until we approve it in prior and in writing.
13. Copyrights and Copyright Agents
We keep great faith and respect ours as well as others intellectual property, and we also request our users to indulge in the same way. If you believe that your work has been plagiarized or copied in any way that constitutes the copyright infringement or your intellectual property rights have been dishonored, then you need to provide our Copyright Agent a notice that contains the below-mentioned information:
- a) the signature of the person, be it electronic or physical, who is authorized for acting on the owner�s behalf;
- b) a proper description in detail of the copyrighted work or the intellectual property that you allege has been intruded or infringed;
- c) an exact description of the location of the material that your claim is infringed on the site or otherwise;
- d) your exact residing address, telephone and mobile number, and a working email address;
- e) a proper statement by you, in person that you have good faith and belief that the disputed use of the intellectual property or copyrighted work is not approved by the copyright owner, or the agent, or any of the law;
- f) a proper statement by you, in person made under the penalty of perjury and falsehood. The statement would provide that the above information in your notice to us is authentic and accurate. It will also provide the fact that you have the original copyright work or intellectual property owner or you are authorized on the owner�s behalf to act on the copyrighted work or intellectual property.
14. Local Laws; Export Control
Identifying and having knowledge about the globalized nature of Internet, you further agree to follow and adhere to all the rules of data and privacy related to the Internet, without any limitation. To be specific, you agree to follow all the applicable laws dealing with the transmission of the technical data which is exported from the United States or any other country in which you reside. If you belong to a country that prohibits its citizens by law, treaty, or any act to indulge in trade relations with the United States and its citizens, then in that case you may not use this site.
15. Modifications to the Service
We may modify our services and make changes at any point of time. These teams will continue to apply to these services in case of any of kind of modification in the services. We reserve our right to modify from time to time and discontinue temporarily or permanently at any time the site or the Services (or any part thereof) with or without any prior notice. You agree that we will not be accountable to you or to any third party in case of such modification, or suspension, or discontinuance of the site or the Services by us, with or without notice.
We may terminate these Terms of services by all such means like:
- a) By providing you with a notice of termination. It shall be effective immediately upon delivery of any such notice of termination.
- b) We may do so without any kind of notice, in case of any breach by you of these Terms and our policies.
- c) We may further do so without any notice to you, by terminating all your rights in order to use the site or the Services.
- a) The ownership of intellectual property
- b) Indemnification
- c) Disclaimer of the warranties
- d) The limitations of liability
- e) The consequences of Improper Conduct
- f) Any kind of Fraud or Abuse
The Terms of the service and policies are applicable to you for the posted content on the site. All rights that are not expressly as granted are highly reserved. All these Terms shall inure to our benefit as well of our agents and related people. If in case any of the terms is found to be illegal and enforceable, then the terms will be deemed curtailed to such an extent so that necessary changes and modifications are made to make the Terms of service as legal and enforceable. These Terms of service and all the collateral matters collateral will be governed in accordance with the laws of the State of New York which is applicable to the contracts executed. Any notice given here will be in writing and also a facsimile is to be provided along with a registered postpaid or a certified mail return receipt or via electronic mail. These teams do not allow either party to be partner, employer, agent, legal representative, contractor or part of joint venture. Neither of the parties shall have any authority to make statements and commitments of any kind to any third party. It shall be mandatory to follow by all, unless the authorized has given in writing to the party.
18. Acquisition, Payment, Recurrent Monthly Billing
As soon as you choose an online tutoring package, we thereafter straightaway charge your credit card and transfer the minutes according to the availed package into your account. We keep charging you monthly fee of the tutoring plan each month on the same date and the minutes are transferred to your account. When an online tutoring session is completed, we deduct the used minutes from the account balance. The monthly fee is charged till the time you do not advise us otherwise. It is also be noted that in case the month has fewer days than 31, then the monthly fee will be charged on the last date of the month if your numerical billing date cycle does not happen to occur. In case of the tutoring minutes are left or unused then they carry forward to the next month�s tutoring plan. The minutes are restricted to use only if you cancel the online tutoring package availed. In case of the cancellation of the online tutoring, the subscription ends on the last date of the billing cycle. There is a provision of availing the single hour plan with the online tutoring package at fixed rate of subscription. It does not affect the usual plan in use of the account in any kind. For example, if you choose a single plan for a single hour usage, then 60 minutes are immediately transferred into your account.
19. Satisfaction Guarantee
We believe that you will be completely content with our services. We take pride in the fact that near about 90% of the users of newgentutors.com would be recommending us to a friend. There can also be times when you are not satisfied with our service. In such a case, we request you to kindly inform us about the problem so that we may further investigate into the matter and improvise our services accordingly. You can contact us directly through call during our working hours on XXXXXXXXX or report the issue by logging the account and informing us through the automated system. If we find any flaws during our internal investigation, then we may issue one or two token as compensation. These token are valid for 6 months from the date of issue and grant 5 free minutes of the online tutoring session. It is also clearly mentioned right away that no question will be entertained during the session. Our tutors are assigned to direct you on how to solve your problems by yourself and not providing answers to your questions.
20. How to Cancel Service? Refunds Can be Availed Only Within Thirty Days of Initial Purchase
In case you are planning to cancel the subscription at any time, then can do it by visiting the website and following the prescribed method of cancellation or you may do so by calling us on XXXXXXXX. As soon as the subscription is cancelled, we discontinue charging your credit card. The minutes that have not been used if any at the time of cancellation would be retained till the end of billing cycle.
If in case you end the subscription prior the first 30 days of availing it, then you may request us for the compensation of the unused minutes left in your account. They would be calculated on a pro-rata basis. For instance, if you select a plan of 100 minutes for $50 per month, and you used half of it that is, 50 minutes. Then you may request of a reimbursement of $25. This is applicable only if the account is cancelled in the first 30 days.
Kindly note due to security reasons, the refund can be processed only through the phone. So you may call us at XXXXXXXX within first 30 days of the subscription itself. You may also contact us on the same number if you need any kind of assistance in any other newgentutors.com policy.
21. Newgentutors.com Cards
It is important to note that the cards of the newgentutors.com are promotional coupons and not any kind of gift cards. They can be accessed by the residents of U.S and Canada only. One card is provided to one student. It is a risk free way to try the newgentutors.com. Personal information and individual authentication of the student is required to redeem these cards.
22. Law Governing he area, Personal Jurisdiction, and Venue