Terms and Condition

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  • PLEASE READ THIS DOCUMENT CAREFULLY

    This document sets out the terms for use of the Tutoryal platform. It governs both our Content and service providers including the Admins and Instructors added by the main subscribercollectively called as “Subscribers” and our end users (“Students”). When we refer to “You”, we mean both our Creators and Students or just our Creators or our Students (don’t worry, we’ll make it clear who we’re talking to, but when in doubt, we’re talking to you). Tutoryal is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.

    Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, Cookies Policy and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Tutoryal platform, whether you are a visitor, guest, subscriber, student, etc.

    Tutoryal Platform can be found at https://tutoryal.com, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by Tutoryal. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.

           I.          Introduction

    Tutoryal provides an online content creation and uploading platform designed to allow Content Providers and Creators to build, design, publish, and sell courses and services (“Content”) to their Students. Tutoryal offers this platform along with a number of additional services and tools (e.g. payment gateways, marketing tools and affiliate pay-outs) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Tutoryal Services”.

    By using our Platform in any manner, you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Tutoryal Platform in any manner.

    Tutoryal is neither a content provider nor an educational institution. Subscribers, and Students are not employees of Tutoryal. Tutoryal is not responsible for interactions between Subscribersand Students, with the exception of providing the technological means through which Subscribers may broadcast and otherwise make their Content available and, at each Subscribers election, for processing payments through Tutoryal’spayment gateway(s). Tutoryal is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Subscriber/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Subscriber or Content provided by a Subscriber at any time.

    As stated in our Privacy Policy, Tutoryal provides Subscribers with information about the Students enrolled for their offerings, including name, email address, IP address, and the Content in which the Student has enrolled. This information is only available to the Subscriber upon the purchase or enrollment of a Student in the Subscriber’s Content. Tutoryal does not provide, sell, rent, release, disclose, etc. Student data to Creators for monetary or other valuable consideration.

    Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.

         II.          Eligibility to Use the Platform

    You must be at least 18 years old to use the Platform, or, if you are below the age of 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform).

        III.          License to Creators & Students

    Tutoryal grants You a limited, non-exclusive license to access and use Tutoryal’s Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Tutoryal’sexpress written consent. Except as expressly permitted by Tutoryal in writing, you will not try to reproduce Tutoryal’sPlatform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Tutoryal are reserved.

       IV.          Code of Conduct

    1.      You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries)

    2.      Do not use the Tutoryal Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner

    3.      You may not use the Tutoryal Platform to engage in any activities that will result in sending spam to anyone on the Platform, including tutoryal (and its employees), Subscribers, and Students

    4.      We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Platform we are going to be civil and respectful at all times. In case anyone found posting or sending unsuitable or disrespectful messages, Tutoryal has the right to delete such messages and delete, block or deactivate such Subscribers or Students.

    5.      You will not use the Tutoryal Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content or Services.

    6.      You may not use any data mining, robots, or similar data gathering or extraction methods; and

    7.      You may not use the Platform or any content contained on the Platform for any purposes other than intended.

    If You are found in violation of this Code of Conduct we reserve the right to remove You and any of Your Content from the Tutoryal Platform. Whether conduct violates our Code of Conduct will be determined in Tutoryal’ssole discretion.

         V.          Services Offered through the Platform

    Tutoryal reserves the right to remove You and Your Content (here content refers to any and all services offered by you on Tutoryal platform) should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement

       VI.          Intellectual Property and Data Processing

    A. Tutoryal Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "TutoryalContent", and is and remains the sole property of Tutoryal. Tutoryal Content, including our trademarks, may not be modified by You in any way.

    B. Your Content: Content that You upload to the Platform is and remains Your content. Tutoryal does not claim any intellectual property rights over the materials You upload to the Tutoryal Platform by virtue of Your use of our services. By uploading your content to the Tutoryal Platform, You agree that:

    1. 1.   Tutoryal may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Tutoryal has no obligation to review anything that You upload
    2. 2.   You are uploading Your content to the Tutoryal Platform at Your direction and that Tutoryal does not in anyway certify or provide approval or permission prior to You uploading Your content
    3. 3.   Tutoryal may display Your content to other users (e.g. Your Students) via the Tutoryal Platform
    4. 4.   You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
    5. 5.   You agree to provide Tutoryal with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Tutoryal Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)
    6. 6.   You are responsible for and own, or have the rights to use, all of Your Content
    7. 7.   You agree that Your Content provided using Tutoryal Platform does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
    8. 8.   Subscribers are responsible for protecting all personal information they provide to, or receive from, Tutoryal in connection with the use of Tutoryal Services.

      VII.          Tutoryal’sGeneral Rights in Operating Its Platform

    Tutoryal reserves the following rights over the entire Tutoryal Platform:

    1. 1.   Tutoryal may modify, terminate, or refuse to provide Tutoryal Services at any time for any reason, without notice.
    2. 2.   Tutoryal may remove anyone from the Tutoryal Platform at any time for any reason, solely in Tutoryal’sdiscretion. This right is not modified by any other section of this Agreement.
    3. 3.   Tutoryal may, but has no obligation to, monitor any content that appears on the Tutoryal Platform or review any conduct occurring through the Platform, including any interactions between Subscribers and Students and Tutoryal employees.
    4. 4.   Tutoryal reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
    5. 5.   If You close Your account, Tutoryal may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
    6. 6.   Tutoryal reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.
    7. 7.   Tutoryal has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
    8. 8.   If Tutoryal has a good faith belief that any content appearing on its Platform violates any copyrights or has been illegally copyrighted, Tutoryal reserves the right to remove, block, or otherwise ‘take down’ the content. Tutoryal also reserves the right to remove from the Platform any Subscribers, Students, or other parties, who are repeat offenders of this policy.

    VIII.          Copyright InfringementProcess

    a) If you believe that content appearing on the Tutoryal Platform violates your intellectual property, you should send a notice to Tutoryal (either physical mail or email is ok) at the following address:

    Tutoryal

    B2-205, Shree Pancham,
    Beverly Park, Kanakia Road,
    Mira Road, East, Mumbai-401107
    Maharashtra, India;
    Email: contact@tutoryal.com

    b) Contents of Notice

    If you send Tutoryal a notice regarding any claimed infringements, your notice must contain the following information:

    (1) A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

    (2) Identification of the copyrighted work claimed to have been infringed

    (3) Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Tutoryal to find and review this material on the Tutoryal Platform

    (4) Your contact information, including your address, telephone number, and email address, so that we may be able to contact you

    (5) A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the law

    (6) A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner

    c) Counter Notification

    If any content is removed due to the receipt of a copyright infringement notice, you may send Tutoryal what is known as a Counter Notice if you believe that your content was wrongly removed.

    Your Counter Notice must contain:

    (1) A physical or electronic signature

    (2) Identification of what was removed and the location where the material appeared before it was removed

    (3) A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification

    (4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of Mumbai and that you will accept service of process from the person who provided notification.

    d) Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing


        IX.          Trademarks

    You may not use any of the Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of the Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.

    All Trademarks not owned by Tutoryal or the Subscribers that avail the Tutoryal Platform or on or through the services made available on or through the Platform, if any, are the property of their respective owners.

    Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without the written permission of the owner of the applicable Trademark.

         X.          Third Party Communications

    By using Tutoryal’sPlatform, you may receive communications from third parties (from subscribers, other service providers such a marketing tools, payment gateway etc.). Tutoryal is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Tutoryal assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

        XI.          Third-Party Services; Links to Other Websites.

    The Tutoryal Platform and individual courses may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. You will have the ability to access content, links to websites, and services provided by Subscribers, Students, and other third parties. Tutoryal is not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by such third parties. Tutoryal does not have any control over, and makes no claim or representation regarding Third Party Services and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Services.You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.If you decide to access any third-party services or linked third-party websites, you do so at your own risk.

      XII.          Pricing &Payments

    1.      Subscriptions plans areautomatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email (contact@tutoryal.com) or directly through Your account prior to the start of the billing period, your plan will be charged upon the anniversary of its billing period. You agree that Tutoryal may charge any recurring service to the credit card or debit card or account details that you provide.You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.

    2.      Should You not authorize payment or are otherwise not current on Your payments for Tutoryal Services, Tutoryal may restrict Your Platform access until Your account becomes current and paid in full. This may also lead to loss of all data and content already uploaded on the platform and the subscriber may have to re-register and create a new account on the platform.Tutoryal is not responsible for the loss of such content upon non payment.

    3.      Tutoryal reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Tutoryal and/or retaining collection agencies or legal counsel.

    4.      Tutoryal reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.

    5.      The subscription charges associated with availing the services offered by Tutoryal are subject to change including the offerings under the Subscription Plan, and isTutoryal’ssole discretion. By subscribing to the Tutoryal Platform, you agree to the subscription charges set by Tutoryal.

     

    XIII.          Subscriber’s Payment Gateway (SPG)

    1.      Tutoryal has currently provided payment gateway options of Razor Pay and Stripe on the Platform. Payment gateway allows Subscribers and the end users to process credit or debit card transactions.

    2.      Subscriberneed to create their own accounts with either of the Gateway provider and use the credentials to set up their Payment Gateway (SPG) to process Student transactions. These transactions, which are made through a third-party payment gateway, are outside of the scope of your relationship with Tutoryal. You agree that Your Payment Gateway service is not a part of the Tutoryal Services.

    3.      In setting up Payment Gateway, you may be instructed to agree to terms of service offered by Payment Gateway provider. Payment Gateway providersare an independent party from Tutoryal and Tutoryal is not responsible for the contents of their terms of service. Should Payment Gateway provider’s terms of service differ from Tutoryal’s terms, such differences shall not modify thisAgreement in any manner.

    4.      Transactions made through Subscribers Payment Gateway are not subject to Tutoryal’stransaction fees

    5.      You acknowledge that Tutoryal does not control any payment processing fees that may be assessed through SPG. Additionally, while Tutoryal may record the amounts that you owe to authors and affiliates in the transaction report, Tutoryal does not have the access or ability to make deductions from transaction fees processed through third-party payment gateways to pay your affiliates. Subscribers are responsible for making payments to affiliates on their own.

    6.      By using SPG, Tutoryal does not have any responsibility to pay, remit, or otherwise send to any relevant tax authorities, taxes owed, on Content or Services you sell through SPG processing.

    XIV.          Taxes

    EU Value Added Tax (EU VAT)

    You agree to the following:

    (a) For the avoidance of doubt, Tutoryal is solely acting as Your agent. By processing Content through SPG, You are agreeing that You are the principal and are appointing Tutoryal as the selling agent for Your Content. The Subscriber is the supplier of the Content

    (b) Tutoryal is not responsible for interactions between Subscribers and Students and only provides the technological means through which Subscribers may make available their Content

    (c) Subscribers are solely responsible for all EU VAT taxes, costs, filings, and any other activities that may arise as a result of their sales of Content using the Tutoryal Platform. Subscribers using SPG do not have a contractual arrangement, nor an expectation, that Tutoryal will collect and remit EU VAT on behalf of the subscriber.

    (d) When sales of Content or Services are processed through SPG, Tutoryal is not taking part in the supply of the Content or Service. Content & Service is and remains the Subscriber’s property.

    (e) SPG sales are never transmitted to Tutoryal and as such tutoryal does not have an economic relationship to the transaction. Subscribers set the price of the Content or Service with no input from Tutoryal.

    (f) All invoices made to Students from Subscribers using SPG shall indicate that the Subscriber is the supplier of the Content.

    (g) All SPG sales are processed and authorized by a third party. Tutoryal is not a party to the authorization process nor is Tutoryal responsible for authorizing credit card charges through SPG.

    (h)Subscribers are responsible for their Content& Services’ terms and conditions and are not bound by Tutoryal refund policy

    (i) Tutoryal has no responsibility to accept or reject Content or Service enrolments should there be any issues with payments through SPG. Subscribers are responsible for authorizing any applicable delivery of Content or Service to Students. Subscribers agree that if payments are processed through SPG, such processing serves as an authorization to Tutoryal to deliver the Content materials to Students.

      XV.          Refund Policy

    Refunds will be applicable as described below. Refunds will be credited to the payment account used for the purchase and may take up to three billing cycles to process.

    A. Subscribers

    1. Annual Plans
      a) Subscribers on Annual plans are entitled to a no-questions-asked refund of 11 month’s subscription charges of the plan selected by the subscriber within thirty (30) days of first signing up for an annual plan. Simply let us know in writing that You’re cancelling the plan within thirty (30) days of Your sign-up.
    2. Monthly & Daily Plans
      There is no refund for the Monthly or Daily Plans. The subscriber may discontinue the payment by submitting a cancellation request to us in writing via email (contact@tutoryal.com) or directly through Your account prior to the start of the billing period.Or the subscriber does not renew the subscription at the end of the billing period.
    3. Abuse of the Refund Policy
      Tutoryal reserves the right to refuse refunds to subscriber who abuse this Refund Policy.

    B. Students

    1.      Subscribers are responsible for the terms and conditions and refund policy for their Content& Services’ and are not bound by Tutoryal refund policy. Tutoryal does not establish, maintain, or control refunds or a refund policy for any Content or Service that is provided by the Subscriber.

    2.      Subscribers agree to provide notice to Students regarding their refund policy for all their Content and Services. Students will have to refer to the Subscriber’s Refund Policy.

    3.      It is the Student's responsibility to understand the refund policy for Content or Service prior to purchasing such Content or Service from a Subscriber.

     

    XVI.          Cancellation and Deletion

    If you no longer desire to subscribe or use Tutoryal Platform, you may cancel your Subscription or Delete your Account at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Platform, but the other provisions of the Agreements will survive any such termination.

    A. Cancellation

    1. If you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. Cancellation of a paid plan, may lead to loss of all data and content already uploaded on the platform and the subscriber may have to re-register and create a new account on the platform.Tutoryal is not responsible for the loss of such content upon deletion.

    B. Deletion

    1. You may delete Your account at any time
    2. Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete your account.
    3. If Your account is deleted (regardless of the reason), Your Content may no longer be available. Tutoryal is not responsible for the loss of such content upon deletion.
    4. Upon deletion of Your account (regardless of the reason and status of your subscription), all licenses granted by Tutoryal will terminate

    C. Effect of Cancelation/Deletion

    1. Should a Subscriber or Student account be cancelled or deleted, the Subscriber or Student may no longer have access to Tutoryal Content & Services and Content may be irrecoverable. Tutoryal shall not be liable to any party in any way for the inability to access Content arising from any cancellation or deletion, including any claims of interference with business or contractual relations.

    XVII.          Account Ownership Disputes

    A. In the unlikely event that there is a dispute over the ownership of an account, Tutoryal has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

    1. a copy of Your photo ID;
    2. Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
    3. Your billing information and details;
    4. Certified copies of your tax forms; and
    5. Other documentation as we deem necessary to settle the dispute

    B. Should a dispute arise, Tutoryal reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

    Errors and Corrections

    Tutoryal Platform and any information, content or services made available on or through the Platform are provided "as is" and "as available" without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

    Tutoryal does not warrant that the Platform will operate in an uninterrupted or error-free manner, that the Platform is free of viruses or other harmful components, or that the courses or content or services provided will meet your needs or expectations. Tutoryal also makes no warranty about the accuracy, completeness, timeliness, or quality of the Platform or any courses, content or services, or that any particular courses or content will continue to be made available.

    Use of the Tutoryal Platform, and the content and services obtained from or through the Platform, is at your own risk. Your access to or download of information, materials, or data through the Paltformor any reference sites is at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the privacy policy.

    XVIII.          Limitations of Liability

    In running the Platform, we require that You understand and agree that Tutoryal is not liable for a number of things, including your breach of this Agreement and losses that may result from your use of the Platform. We also require that you understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Tutoryal doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Tutoryal will be limited to a portion of the fees you have paid us.

    Our limitations of liability are as follows:

    1.      You agree that Tutoryal, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Tutoryal Platform.

    2.      You agree that Tutoryal shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.

    3.      Tutoryal is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.

    4.      Tutoryal does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.

    5.      The Tutoryal Platform is provided to You on an “As Is, As Available” basis. As such, you agree to have an external method of recovering any lost data that may be uploaded to the Tutoryal Platform.

    6.      Tutoryal disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.

    7.      Tutoryal shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.

    8.      You agree that Tutoryal shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Tutoryal, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Tutoryal policies, and copyright and other intellectual property law)

    9.      You are solely responsible for ensuring that your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to your use of the Platform.

    10.   You may not assign your rights under this Agreement without Tutoryal's prior written consent.

    11.   Should Tutoryal’s limitation of liability not be applicable, Tutoryal’s sole obligation to you, or any third party, for damages shall not exceed the amounts paid by you to Tutoryal over the prior three (3) months directly preceding your claim, unless otherwise required by law.

    12.   You agree that Tutoryal shall not be liable for any content that appears on the Platform.

    13.   Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.

    14.   You agree that any cause of action or claim that You may have against Tutoryal must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.

     

    XIX.          Remedies for Violations

    Tutoryal reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing subscribers and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

      XX.          Communications

    1.      Tutoryal may notify you of relevant information regarding the Platform and Services in any of the following ways:

    a.      by emailing you at the contact information you provide in your account registration,

    b.      by posting a notice in Account section of the Platform, and

    c.      by posting the notice elsewhere on the Platform in an area suitable to the notice. It is your responsibility to periodically review the Platform for such notices.

    2.      Subject to the Privacy Policy, if you send to Tutoryal or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that Tutoryal can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Platform or send them to us.

     

    XXI.          Entire Agreement; Severability of Provisions; No Waiver

    1.      These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Tutoryal, including the Platform, Services, and any Content.

    2.      If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

    3.      No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.


    XXII.          Choice of Law/Forum Selection.

    You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the Platform will be governed by the laws of the Mumbai, India, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the courts of Mumbai. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).

    XXIII.          Changes to the Terms of Use

    Tutoryal may review and update this Agreement at any time in our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates.

    XXIV.          Titles/Headings

    The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Tutoryal shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

    XXV.          Gender/Plural

    Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

    XXVI.          Contact Us

    If you have questions or concerns regarding these Terms of Use, the Platform or Services, you may contact us via physical or electronic mail at the address below. Note: the Tutoryal office is not open to the public:

    Tutoryal

    B2-205, Shree Pancham,
    Beverly Park, Kanakia Road,
    Mira Road, East, Mumbai-401107
    Maharashtra, India;
    Email: contact@tutoryal.com