TERMS OF SERVICE
- Acceptance of terms
This agreement binds you or the company you represent (“you,” or “your”) to the terms and conditions (“T&Cs”) set forth herein in connection with your use of HSB Paathshala Private Limited (“our”, “we”, “company” or “Coachunt”) software, mobile applications, services or other offerings on our website located at www.Coachunt.com (the “Site”). Coachunt provides its Service (as defined below in Clause 2) to you through its Site, subject to these Terms and Conditions (“T&Cs”).
By accepting these T&Cs or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this agreement between you and Coachunt through these T&Cs and are bonafide user of this Site (“User”). If you are entering into these T&Cs on behalf of a company or other legal entity, you represent that you have full authority to bind such entity and its affiliates to these T&Cs, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these T&Cs, you must not accept these T&Cs and may not use the Service.
1.2. Coachunt may change these T&Cs from time to time with or without prior notice. The revised T&Cs will become effective upon posting and if you use the Service after that date of updating, we will treat your use as acceptance of the revised T&Cs. If any change to these T&Cs is not acceptable to you, your only remedy is to stop accessing and using the Service.
1.3. If you are an Instructor (as defined below), you are also subject to the Instructor terms and conditions located at our Site www.coachunt.com(the Instructor Agreement), which are hereby incorporated by reference into these T&Cs. If you are an Instructor and there is a conflict between these T&Cs and the Instructor Terms, the Instructor Terms will govern and supersede these T&Cs.
- Description of Services
2.1 The “Service” includes (a) the Site, (b) the on-demand Coachunt services including but not limited to course materials, instructors etc., provided through the Site and by the Coachunt API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the Coachunt API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these T&Cs.
2.2 The Services enable students (“Students”) to connect with independent contractor and instructors (the “Instructors”) who provide live and recorded instruction, tutoring, and learning Services in our proprietary classrooms (“Courses”). Students and Instructors are, collectively, Users. The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
2.3 If you elect to access or use Services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize the Company to charge your credit card on a regular basis to pay the fees as they are due.
2.4 If your payment method fails or your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services pending resolution of any amounts due by you to Company.
2.5 All of your use, access and other activities relating to the Site and the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with your use of the Services and Site, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Services or operation of the Site; frame or embed the Site or Services; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Services.
- General conditions/ access and use of the Service
3.1. Subject to these T&Cs, you may access and use the Service only for your own purposes as contemplated by these T&Cs. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted third party, under these T&Cs; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2. Subject only to the limited right to access and use the Service expressly granted to you under these T&Cs, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Coachunt. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Coachunt, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3. You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account details and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that only one (1) person may use the login provided by us to you as a single login shared by multiple people is not permitted, and shall be considered a breach under these T&Cs. Coachunt reserves the right to access any or all account in order to respond to your requests for technical support.
3.4. You understand that the technical processing and transmission of the Service, including but not limited to your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Coachunt’s third party vendors, instructors etc., and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.5. The failure of Coachunt to exercise or enforce any right or provision of these T&Cs shall not be a waiver of that right. You acknowledge that this set of T&Cs is a contract between you and Coachunt, even though it is an electronic form and is not physically signed by you and Coachunt, and it governs your use of the Service/Site and takes the place of any prior agreements between you and Coachunt.
- Intellectual Property Rights
All Content as described under Clause 2 above and also including all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof. Where Coachunt provides Content to you in connection with the Services, including, without limitation, the software and the products and the Site, it is “Own Content/Coachunt’s Content.” Content uploaded, transmitted or posted to the Site or through the Services by a User (including you, our instructors, partners etc.,) is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to Indian laws specifically relevant to copyright and other intellectual property laws. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these T&Cs to Coachunt with respect to your Submitted Content and that Coachunt shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized under these T&Cs or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorized in these T&Cs.
You hereby grant Coachunt a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Services, and sub-license it to instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Site at any time. Removal of your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
Coachunt and Coachunt’s various logos used or displayed on the Service are trademarks of Coachunt and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Coachunt products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
- General Disclaimer
The Site is only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student’s reliance upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services may expose you to Submitted Content that you consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from you and no liability for your access or use of any Submitted Content, to the extent permissible under applicable law.
The Site and Services may give you access to links to third-party Websites (“Third Party Sites”), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.
- Specific Obligations of Instructors.
If you are instructing Students in connection with a Course you are an “Instructor” and the following additional terms and conditions apply, and you represent, warrant and covenant that:
- You need to visit our Site www.coachunt.com and complete the Instructor membership and if you will charge fees for your Courses you will also need to agree to the Premium Instructor Pricing terms;
- You will be responsible for all of your Submitted Content, that you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your Submitted Content on and through the Services in the manner contemplated by these this Instructor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on and through the Site and the Services;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
- You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
- You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
- You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;
- You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
- You will maintain your enrollment and account information, and all such enrollment and account information shall be accurate;
- You shall respond promptly to Users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general;
You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Terms and the Instructor Agreement and will assume responsibility and liability for your performance and compliance hereunder
- Specific Obligations of Students using the Site.
If you are a User in search of or participating in a Course, you are a Student and the following additional terms and conditions apply, and you represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- You are over the age of 18, or, if not, you will only use the Services with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Services;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
- You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any Instructor or other User.
To use certain Services, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your “Account”) and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.
You may not transfer your Account to any other person and you may not use anyone else’s Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Services; and (iii) the consequences of any misuse.
All new registered user will get 2 credit points as a sign up bonus in his account. He can get upto 2 more points through referral system. One User (Student or Instructor) can get only 2 affiliate referral points only. User can use these credit points to buy online course only. User can’t withdraw his earned credit points.
Credit Point 1.0 Point = $1.0 (US Dollar)
- Payment and refunds
9.1. For Instructor:
Users need to fill form “Become an Instructor” to become Instructor on Coachunt. Coachunt has the right that we can accept or reject Instructor application.
The payments made to the instructors by Coachunt shall be made payments through Paypal or direct bank transfers.
Except when a Course is made available through the Coachunt Marketing Programs, or a Course is offered on Company’s iOS mobile applications, an Instructor will be solely responsible for determining the Base Price to be charged for such Course, in accordance with the Instructor Agreement.
No refund policy if any course bought by an Android or Apple iOS mobile application.
9.2. For Student:
The Service is made available on a per course basis. Students can use Paypal or Credit/Debit Card or Internet banking or credit points for online course payment.
In case any issue is encountered with the payment details provided by you, your account will be immediately deactivated and will be reactivated once updated billing/account details are provided.
The prices for various Services are subject to change. For some of the Services, there might be introductory offers under which there will be discounts offered and prices for a particular course may be increased once the initial offers are over. Coachunt will not be responsible for differences in pricing for different users for same practice tests due to variation in duration, purchase channel, discount coupons or other possible discrepancies etc.
If you are a Student, you agree to pay the fees for Courses that you take, and hereby authorize us to charge your credit card for these amounts. We will charge your credit card monthly for all amounts owed. If your credit card is declined, you agree to pay us the fees within thirty (30) days of notification from us, and pay (at our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.
- Refunds policy for Online Courses
Coachunt offers Students a thirty (30) day, no-questions-asked money back guarantee on Courses that are not purchased through Coachunt’s iOS or Android applications. If you, as a Student, are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via [[email protected]]. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Services, without any liability to you. In addition, please note that notwithstanding anything to the contrary in these T&Cs, Coachunt does not provide refunds for Courses purchased through our iOS or Android applications. All sales of Courses through Coachunt’s iOS or Android applications are final. Please note: If a Student opened more than one chapter of a Course then no refund will be processed. Coachunt can terminate student refund request at its sole discretion.
In the event any User pays for the Course through credit points then the refund will be processed and will be credited back as credit points back in his account. In the event Users paid through Internet banking, Paypal, credit card or PayUmoney then the refund will be processed and the amount will be credited through that particular payment gateway.
User can buy more credit points after paying to Coachunt through paypal.
You, as an Instructor, acknowledge and agree that Students have the right to receive a refund as set forth in this section. Neither Instructors nor Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course after Coachunt has sent an Instructor payment for that Course, Coachunt reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor’s Course to the extent no additional payments are due from Coachunt to Instructor or such payments due Instructor are insufficient to cover the amounts refunded to Students.
- Pricing for Paid Online Courses
11.1 The price set by the Instructor for every Course shall mean Base Price. Coachunt can increase or decrease course price and we will check course price monthly and accordingly the Instructors shall increase their Base Price, more particularly explained under the Instructors agreement under the Instructor Terms. Please refer to www.coachunt.com
11.2 Currency: Every Instructor should put course price according to Coachunt in US Dollar($) and/or Indian National Rupee (INR). Coachunt will also pay to Instructors in USD after deducting currency conversion charges & taxes, if any and wherever applicable.
11.3 Rounding Off: For ease of payments Coachunt reserves the right to round off the Price to the nearest whole functional unit, at its sole discretion. For example: $15.35INR 102.67 shall become $15.50INR 103 and so on.
11.2 Taxes: For sales of any of Courses or Submitted Content, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). Coachunt is unable to provide you with tax advice and you should consult your own tax advisors. Any and/or all-statutory taxes applicable under Indian laws are to be paid on User’s sole responsibility and Coachunt takes no responsibility of the same. Coachunt will pay Instructor’s TDS to Indian Government. It could be 10% or 10.3% or 20.6% of Instructor Commission.
Please note: 15% service tax is applicable on online Courses in India and 10% of TDS on Indian Instructor fee if he earn more than Rs.30,000 yearly. Coachunt will not charge service tax if student is not in India.
- Cancellation and termination
12.1. You are responsible for properly cancelling your account. The account owner can cancel the account at any time by sending a mail to us at [email protected]. There are no other means of cancelling your account. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service after completing the payment, there will be no refund allowed and if account is deactivated before you consume the Services, Coachunt will not be responsible for providing the alternative services or refund of amount paid whatsoever.
12.2. Coachunt reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Coachunt believes that you have violated these T&Cs. Coachunt will use best efforts to publish on the Site or notify you about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email/sms to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Coachunt shall not be liable to you or any other third party for any modification, suspension or discontinuation of the Services.
However, if you are an Instructor then Students enrolled in your Courses prior to termination shall continue to have access to them for the duration of the Course. We have no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable laws. . Upon termination, Instructors must cease all use of the Site, Services and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
- Disclaimer of warrants
The Service, including the Site and Content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law and Coachunt expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Coachunt does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from Coachunt or through the Services provided by Coachunt shall create any warranty whatsoever, not expressly stated in these T&Cs.
- Limitation of liability
Under no circumstances shall Coachunt be liable to you or any other third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption, inability to pass or appear in an exam, etc. In addition, Coachunt shall not be liable for any direct damages, costs, losses or liabilities in excess of the service fee paid or payable by you. The provisions of this section allocate the risks under these T&Cs between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
These Services are entirely Coachunt’s initiative and there is no affiliation whatsoever with any of the agencies like ICSI, Sify, Aptech, any other governmental education body etc. that are involved in conducting any degree courses/exams. While all care has been taken in designing the courses, there may be errors & omissions and Coachunt will not be responsible for any consequences due to such errors.
Coachunt may assign or transfer these T&Cs, in whole or in part, without restriction.
- Governing Law
You are responsible for complying with any/all applicable laws, rules, or regulations governing the Services or any of its components. These T&Cs shall be governed by the laws of India without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of New Delhi for the purpose of resolving any dispute relating to your access to or use of the Service.
- Referral Program
We consider our Users valuable and would like to help our Users earn while they learn, through our affiliate referral programs (“Referral Program”). Through our Referral Program any User may register themselves ‘additionally’ as ‘Affiliates’ to www.coachunt.com/affiliate/ whereby they (includes Students and Instructors or any other third party registering themselves as an affiliate) may refer outside users and get them to register and buy Courses on our Site or enroll as an Instructor on our Site. Such registered affiliates shall earn referral fee, as per the Coachunt’s discretion. This referral fee shall be applicable only on time on one transaction by one User.
As an Affiliate to us you are bound by the T&Cs applicable to all Users of the Site and also to the following:
(a) We can monitor you, including your website: You give us the right to monitor your website at any time to determine if you are following these T&Cs, and to notify you of any changes we feel you should make to remain in compliance. Failure to comply is a violation of these T&Cs and grounds for termination of your affiliation as an Affiliate with Coachunt.
(b) We Determine the Policies for the Purchases: Users or any other customers who purchase products through referrals made in the Referral Program will be considered our customers. All our rules, policies, and operating procedures concerning customer orders and customer service will apply to those customers. We may change our policies and operating procedures at any time.
(c) You cannot send out publicity without our consent: You may not create, publish, distribute, or permit any written or electronically transmitted publicity material that makes reference to us without first submitting the material to us and receiving our consent.
(d) How this affiliation to our Referral Program can be ended: Either you or we may end this affiliation with our Referral Program AT ANY TIME, with or without cause, by giving the other party written notice of 3 days. Written notice can be in the form of mail, email or fax with a subject “End of Affiliation to Referral Program.”
(e) Taxes-Indian Affiliate : Tax shall be deducted at [email protected]% from payment, if payment made during the financial year exceeds Rs.15000/-. Affiliate is required to provide Permanent Account No. in case of non production of Permanent Account No. tax shall be deducted @20%.
Foreign Affiliate : Payment shall be made after retaining withholding tax @20%. Certificate will be provided for such tax deduction at end of following quarter in which payment made. As per Double Taxation Avoidance Agreement the affiliate can take credit of such withholding tax in his residence country.
As an Affiliate you will receive the following:
- You Earn Referral Fees: Except in states in which such a transaction is not permitted, you are eligible to earn Referral Fees during the term of this affiliation with us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. The exact amount of Referral Fees due to you in any given quarter will be calculated in the following manner:
- The Referral Fee shall be twenty-five percent (25%) of the amount actually received by us from a Referral that enrolls in a course on our website within thirty (30) days of our receiving the Referral, less taxes, returns, credits, and shipping. [A “Referral” is a person that you refer from your website to our website using the Referral Materials in accordance with the Referral Specifications. Final determination as to whether to accept a Referral as a customer is at our sole determination].
- Payment of Referral Fees will be made on a quarterly calendar basis, but only if your unpaid, cumulative quarterly Referral Fee earnings exceed $50. If your unpaid, cumulative quarterly advertising fee earnings are less than $50, they will be rolled to the following quarter. If this affiliation terminates, Referral Fees due at the time of termination will be paid at the end of the quarter following termination. Referral Fees are based on amounts we actually receive from Referral customers during the quarter.
- If we determine that payment of Referral Fees to you in any jurisdiction is illegal under any laws, then we may reserve the right to not pay Referral Fees for any sales made in that jurisdiction.
Acceptance of these T&Cs shall amount to acceptance of Affiliate terms enumerated in this paragraph 17 of these T&Cs.