Terms of Use

1. Introduction & Acceptance of Terms

Welcome to Tutonar. By accessing or using our platform, you agree to be bound by these Terms of Use. These terms apply to all tutors, students, and parents utilizing our services. If you do not agree with any part of these terms, you must not use our platform.

2. Definitions

In addition to other words and expressions that may be defined elsewhere in this document, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

• “Member” means a person who has signed up on the Platform as a student, parent, or tutor.
• “Student” means a Member who has registered on the Platform to seek educational services. In the case of a minor student, this term refers to the parent or guardian who registers on their behalf.
• “Tutor” / “Provider” means a Member who has registered on the Platform with the objective of providing tutoring services online or offline.
• “Platform” includes but is not limited to the Website (Tutonar), applications designed for mobile operating systems, and any other associated services.

3. User Representations & Account Registration

By using the platform, you represent and warrant that all registration information you submit will be true, accurate, current, and complete. Accounts created by "bots" or automated methods are strictly prohibited. You are responsible for keeping your password confidential and will be responsible for all use of your account and password.

This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years. Persons below the age of eighteen (18) shall not be entitled to use the Platform unless such use is through the User account of a parent or a legal guardian.

4. Parent & Guardian Terms (Booking, Confirmation & Service Terms)

By requesting, confirming, or proceeding with a tutor through Tutonar, the Parent or Guardian agrees to the following terms:

• Tutor Booking & Confirmation: A tutor request or booking may be placed through any official communication channel (Website enquiry form, phone call, WhatsApp message, or direct communication with Tutonar). Once Tutonar has arranged a suitable tutor and the Parent/Guardian receives a confirmation call/message, or the arranged tutor contacts the Parent/Guardian regarding the tuition requirement, the booking shall be treated as a confirmed tuition request.
• Cancellation After Tutor Confirmation: If the Parent/Guardian decides to cancel, refuse, or discontinue the tutor after receiving confirmation from Tutonar or after the arranged tutor has contacted the Parent/Guardian, applicable coordination and matching charges may be payable to Tutonar. These charges shall be determined based on agreed tuition parameters and service terms communicated at the time of booking.
• Parent/Guardian Responsibilities: Parents and Guardians are required to provide accurate, up-to-date information regarding the student's class, curriculum/board, subjects, address/location, preferred schedule, and specific learning needs. Any decision made after receiving tutor details must be communicated to Tutonar promptly.
• Disputes & Private Arrangements: Tutonar operates as a discovery and matching platform. Any personal disagreement, financial dispute, or payment issue arising directly between the Parent/Guardian and the Tutor (including private monthly fee arrangements, timing alterations, or side agreements) shall primarily be a matter between the concerned parties. Tutonar is not liable for private financial or personal arrangements made directly outside platform terms.
• Misconduct & Prohibited Conduct: Unlawful, abusive, harassing, threatening, or fraudulent conduct by any Parent/Guardian or Tutor is strictly prohibited. Individuals engaging in unlawful acts remain solely responsible for their conduct and will be dealt with under applicable law.

5. Tutor “Tuition Assignment Fee” & Service Charges Policy

6. Demo Scheduling & Communication Rules

• The tuition will be assigned, and the demo will be scheduled only after the service charge is received.
• If the parents reschedule or delay the demo date for any reason, the tutor must inform our team immediately.
• The tutor must also update us once the demo is confirmed before taking the class.

7. Obligation to Conduct Demos

Tutors must adhere strictly to agreed demo schedules. Unjustified delays, frequent rescheduling, or avoiding demos using personal excuses (including weather, vehicle breakdown, or scheduling conflicts) are strictly considered a breach of duty.

• Tutor-Induced Cancellations: If a client cancels the demo due to the tutor's unpunctuality, lack of responsiveness, or avoidance, the assignment will be treated as consumed and completed on the tutor's part. If a tutor voluntarily refuses or backs out of an assignment after receiving client details or scheduling a demo, no replacement lead will be granted.
• No Refund or Adjustment: The agency bears no responsibility for lead failures resulting from tutor inaction. No refunds, fee adjustments, or complimentary replacement leads will be issued for leads forfeited due to tutor delay or voluntary cancellation.

8. Direct Dealing Prohibition & Unauthorized References

Direct Dealing Prohibition: Tutors must not enter into direct financial or contractual agreements with clients/parents. All communication, fee structures, and scheduling updates must be managed strictly through our platform.

Unauthorized References: Recommending third-party tutors, transferring assigned leads, or sending replacement teachers to a client without prior written approval from our management is strictly forbidden.

Consequences of Non-Compliance & Legal Enforcement: Any breach of this policy will lead to immediate termination of services, complete forfeiture of any paid fees, and a permanent ban from our agency.

9. Fraudulent Concealment & Misrepresentation

Fraudulent Concealment: Pretending a tuition assignment was unsuccessful or discontinued while secretly retaining the client and collecting fees directly constitutes deliberate fraud, breach of contract, and tortious interference with agency business operations.

Immediate System Action: Upon discovery of any covert agreement or false reporting:

• The agency will instantly revoke all existing tuition assignments allocated to the tutor.
• The tutor's profile will be blacklisted across all affiliated tuition consultancies, tutor associations, and digital networks.
• All previously paid processing charges will be permanently forfeited.

Legal Enforcement & Heavy Damages: The agency will pursue full legal remedies, including filing formal criminal charges for breach of trust and fraud under local law, alongside civil litigation to recover heavy financial compensation, lost revenue, and legal fees from the defaulting tutor.

Prohibition of Misrepresentation: Tutors must not collect, demand, or solicit any payment, advance, or fee from parents under the guise of agency collection or consultancy charges. The agency never authorizes tutors to collect funds on its behalf.

Independent Payment Arrangements: The payment structure for tuition classes—whether collected in advance, mid-month, or at the end of the month—is entirely a private agreement between the parent and the tutor. The agency assumes zero responsibility for managing, tracking, or enforcing monthly tuition fee arrangements between clients and tutors.

10. Policy on Tutor Conduct, Scope of Service, and Agency Non-Liability

Limitation of Agency Scope: The agency operates solely as a lead-matching facilitator between tutors and clients. The agency's obligation ceases upon providing the assignment details.

Tutor Misconduct & Illegal Acts: Tutors are independent individuals and assume full liability for their behavior. Engaging in theft, physical violence, altercations, verbal abuse, or any criminal activity at a client's location is strictly prohibited.

Independent Contractor Status: You agree that you have registered on this Platform as an independent freelancer or consultant and nothing contained in the Terms of Service or elsewhere shall give rise to an employer-employee relationship between the Company and you.

Indemnification & Non-Intervention: The agency explicitly disclaims all responsibility and liability for any civil, criminal, or personal disputes arising between tutors and clients. In the event of any conflict, physical altercation, theft, or police case, the tutor must resolve the issue independently. The agency will not offer support, representation, or assistance to the tutor in any legal or personal dispute.

11. Pre-Allocation Requirement Verification

Tutors are provided with all relevant assignment specifics (including geographical area, class subject, student level, timing, and fee structure) prior to assignment confirmation. Requesting and accepting client details constitutes the tutor's explicit agreement that all parameters are feasible for them.

Post-Demo / Selection Abandonment: Once a demo is successfully conducted and the parent confirms the tutor's selection, the assignment is classified as finalized. If the tutor subsequently abandons, halts, or refuses to fulfill the tuition engagement for any reason, the agency explicitly disclaims all responsibility for the breakdown.

Consequences of Abandonment: The processing fee associated with the assignment shall be deemed fully earned and forfeited by the tutor. No fee adjustments, secondary replacement leads, or refunds will be granted. The agency reserves the right to suspend or permanently ban any tutor who defaults on a finalized client engagement, alongside reallocating the lead to a replacement candidate to preserve client relations.

12. Classification of Premium Leads

High-value tuition assignments, specialized subject requirements, elite client requests, or assignments prioritized for experienced network tutors may attract a special or differential processing fee separate from standard rates.

Prior Consent & Allocation Criteria: All financial terms for premium assignments are communicated transparently before assignment allocation. Leads are granted exclusively upon the tutor's prior confirmation and agreement to the applicable fee structure.

Non-Binding Opt-Out & Reallocation: Agreement to premium lead terms is entirely voluntary. If a tutor declines the specified terms, the agency reserves the right to immediately reassign the lead to another qualifying candidate from our platform.

13. Policy on Interactions, Harassment & Legal Warning

Code of Conduct Towards Agency Personnel: All Members (including Tutors, Parents, and Guardians) are required to engage with agency staff, coordinators, and support personnel with professional courtesy and respect. Threats, offensive language, abusive arguments regarding fee structures, extortion, or persistent harassment toward any representative are strictly prohibited.

Immediate Termination & Lead Revocation: In the event of documented staff misbehavior, threats, or harassment, the defaulting user’s membership and account will be terminated immediately. All active, pending, or allocated tuition assignments associated with the tutor will be revoked on the spot and transferred to other candidates.

Network-Wide Blacklisting & Legal Recourse: The tutor's profile and incident report may be shared across affiliated tutor networks for blacklisting. All fees paid to date will be permanently forfeited, and Tutonar reserves full rights to pursue formal legal action against individuals engaging in intimidation or defamation.

14. Code of Conduct & Content Restrictions

Code of Conduct for Tutors: We follow a policy of zero-tolerance on any complaint registered by any Student or Parent regarding unprofessional conduct or inappropriate behaviour during classes. Tutors must maintain the highest standards of pedagogical professionalism, punctuality, and ethics.

Quality Guarantee & Tutor Replacement: Tutonar offers parents and students free demo sessions. If a parent/student is dissatisfied with teaching quality after the demo or initial classes, Tutonar facilitates a prompt tutor replacement at no additional matching fee.

Content Restrictions: You should not host, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person and to which you do not have any proprietary right;
• is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially/ethnically objectionable;
• harms minors in any way or infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force, or deceives/misleads about the origin of messages;
• contains software viruses or any other computer code designed to interrupt, destroy or limit functionality of any computer resource.

15. Taxes & Legal Compliance

GST/TCS Policy: As a Provider on our platform, you will be solely responsible for payment of any and all statutory dues including but not limited to sales, use, value added tax, GST, duties or other amounts that arise in connection with your use of the Services.

If you have an aggregate turnover exceeding Rs. 20,00,000/- in a financial year (or Rs. 10,00,000/- in certain states) through an electronic commerce operator or other means, you must register under GST and TCS will be applicable to you. The Company shall not be responsible for you being held as non-compliant in the event of any audit by tax authorities.

Compliance with Local Regulations: By using the Tutonar platform to select a tutor, you agree that it is your responsibility to verify that the tutor holds the necessary permits, licenses, or other authorizations required to provide tutoring services in compliance with the laws of the country where they and you are a resident or citizen. Tutonar will not be held responsible for any issues arising from the tutor’s non-compliance with local regulations.

16. Disclaimer of Warranties

Please note that your use of the Platform and the services shall be at your sole risk. Tutonar disclaims all warranties of any kind, whether express or implied. The Site, content, and services are provided "as is", without warranty or condition of any kind.

Tutonar makes no warranty regarding the quality of any services, accuracy, timeliness, truthfulness, or completeness. You specifically acknowledge that the platform shall not be liable for the defamatory, offensive, or illegal conduct of any third party.

17. Limitation of Liability

Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall Tutonar be liable to you for any indirect, special, incidental, or consequential damages, even if you have been informed of the possibility of such damages.

18. Indemnification

You agree to indemnify, defend, and hold harmless Tutonar, its founders, affiliates, officers, directors, agents, representatives, and employees from and against any claims, losses, damages, liabilities, judgments, costs, or expenses (including reasonable legal and attorney fees) arising out of or relating to:

• (a) Breach of Agreement: Any breach or non-compliance with these Terms of Use, policies, or declarations by you;
• (b) Inaccurate Information: Any false, inaccurate, misleading, or incomplete information, credentials, or documentation provided by you;
• (c) Platform Misuse: Any unauthorized use or misuse of Tutonar's website, platform, contact databases, or services;
• (d) Unlawful Conduct: Any unlawful, abusive, threatening, fraudulent, harassing, or defamatory conduct committed by you;
• (e) Direct Dealings & Private Disputes: Any dispute, claim, payment conflict, or liability arising from direct dealings, private arrangements, or off-platform engagements between Parents/Guardians and Tutors, except to the extent directly caused by Tutonar's own proven gross negligence; or
• (f) Third-Party Claims: Any claim brought by a third party arising from your acts, omissions, or violation of applicable laws or intellectual property rights.

Where permitted by applicable law, you shall be responsible for reasonable costs and expenses incurred by Tutonar in responding to, defending, or investigating such claims.

* This Indemnification clause applies to the fullest extent permitted under applicable law and shall not exclude or limit any liability that cannot legally be excluded or limited under Indian law.

19. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

By uploading any content on the Platform (including training materials), you also warrant that you own the copyright for that content. Any plagiarised content will be liable to be removed.

20. Miscellaneous Provisions

• Force Majeure: Tutonar shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to natural disaster, act of God, war, pandemic, government restrictions, or other like causes.
• Entire Agreement: This Agreement along with the Privacy Policy and Refund Policy comprises the entire agreement between you and Tutonar with respect to the use of the Platform.
• Termination: We may terminate your access to the Platform without any notice to you if we reasonably believe, in our sole discretion, that you have breached any of the terms and conditions of this Agreement.

21. Governing Law & Jurisdiction

These Terms of Use and your use of the platform are governed by and construed in accordance with the laws of India. Any legal action or proceeding related to your access to, or use of, the platform shall be instituted only in a state or federal court located in our jurisdiction.