Terms and Conditions
We take pride in offering our world-class academic and non academic courses. This Term shall continue to be in full force and effect for so long as you are using the WebCoach services. You may use our Services only if you can form a binding contract with WebCoach, and only in compliance with these Terms and all applicable laws.
If you do not agree with these Terms, neither you nor your designee or giftee may access, download, install, or use (as applicable), the site, the Services or the Software. Any use or access by anyone under the age of 13 is prohibited, and certain courses may have additional requirements and/or restrictions. If you are a parent, guardian, or other person who enables a child to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. Students, who are under the age of 18, MUST obtain parent/legal guardian permission to registration. We encourage parents/legal guardians to actively participate in their child’s tutoring needs.
WebCoach reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below. Through our Services, site and Software, we enable users to connect with tutors (‘Tutors’) who provide tutoring and learning services in our online classrooms (Tutoring Sessions). As part of the Services, we require all Tutors to confirm their educational credentials and lack of criminal history. We do not have control and are not responsible for any information provided by tutors. We do not endorse or make any representations or warranties regarding the reliability of the Tutors.
2. Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain WebCoach’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
3. Registration Obligations
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services or the WebCoach Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.
You are solely responsible for the any Content that you publish or display on the WebCoach Site. You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information. Posting content of improper language anywhere in this website is prohibited.
You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security and ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s).
5. User Content
The Services enable you to share your materials, information, homework, quizzes, exams, projects, and other assignments you submit, communications or ideas that you upload, communicate or otherwise transmit or post to WebCoach, instructors, and/or other users or the Services by any means (“User Content”) will be treated as non-confidential and non-proprietary. You retain all intellectual property rights in, and are responsible for, the User Content you share. The contents of this web site including, but not limited to, the web pages, emails, advertisements and database information, are protected by copyright laws and regulations. You may not post, distribute, transmit, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
By uploading or otherwise making available any User Content, you automatically grant and/or warrant WebCoach that the owner has granted to us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to use, distribute, reproduce, modify, create derivative works based on, publicly perform, publicly display, and otherwise use and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. This license includes granting WebCoach the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights WebCoach may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason; including User Content that we believe violates these Terms.
You agree that we may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services or any other means, such as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
You understand and agree that WebCoach may review and delete any Content which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the WebCoach Site.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, WebCoach does not waive any rights to use similar or related Feedback previously known to WebCoach, developed by its employees or contractors, or obtained from other sources.
6. Confidential Information
You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
7. Disclaimer and Limitation of liability
WebCoach is not responsible for the accuracy or legitimacy of the information provided by registered tutors, trainers, and instructors. WebCoach does not confirm nor deny validity of the information associated with each registered tutor, trainer, and instructor. When you find a tutor, trainer, or instructor that matches your tutoring needs in our database, it is your responsibility to conduct any and all background and reference checks.
WebCoach disclaims all responsibility for any disputes, claims, loss, liability, injury, or damage of any kind resulting from any errors in this website and its content including, but not limited to, typographical and technical errors and inaccuracies. WebCoach disclaims all responsibility with regard to third party websites or their content that might be accessed directly or indirectly through links in this site.
WebCoach assumes no liability whatsoever for any monetary or other damage suffered by you on account of any interruption or errors in the operation of the services. You expressly understand and agree that WebCoach 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.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, instructors, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
If any dispute arises between you and WebCoach, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by WebCoach. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
10. Applicable law
This site is created and controlled by WebCoach LLP. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. WebCoach reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of WebCoach. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
11. Credit card details
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on WebCoach shall be correct and accurate and you shall not use any credit/debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid card details to WebCoach. Further the said information will not be utilized and shared by WebCoach with any of the third parties unless required by law, regulation or court order.
12. Trademark Notice
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the WebCoach are registered and unregistered Trademarks of WebCoach and others and are protected, without limitation, pursuant to India and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a “hot” link to any other World Wide Web site unless approved by us in advance in writing.
The effective date of this Terms and Conditions is October 10, 2015.