Terms and Conditions

Ezeesmart Education Pvt Ltd(collectively, "HelloClass" or "We"), provides this App and Website including all services offered hereon,(the website, App and the services are collectively referred to as the "Site") and these Terms of Use govern your use of this Site. Please carefully read this Terms of Use, which includes the Privacy Policy. If you ("You" or "User") are under eighteen (18) years of age or the age of majority in your jurisdiction, then please read these Terms of Use and the Privacy Policy with your parent or legal guardian. By using, accessing or purchasing access to this Site, you represent that you (or your parent or legal guardian on your behalf if you are a minor) have read, understood and agree to the Terms of Use in their entirety, including the Privacy Policy. If you, or in the case that you are a minor, your parent(s) or legal guardian(s) do not agree with any part of the Terms of Use, including the Privacy Policy, then please do not use, access or purchase access to the Site.

Changes in Terms of Use

HelloClass has the right to change or modify the Terms of Use, including the Privacy Policy, applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding or changing fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting within the Site, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice thereof. Any use of the Site by you subsequent to such notice shall be deemed to constitute your, or in the case that you are a minor, your parent's or legal guardian's acceptance of such changes, modifications or additions. User Account

  1. In addition to any other requirements specified in this Terms of Use, the use of this Site requires that you create a user account ("User Account")
  2. Each User may have only one active User Account at any given time for this Site. You should keep your User Account information confidential. You agree not to use another User's user name and password to access the Site, or to provide your User Account information to another User or third party to access the Site. You agree to provide accurate and truthful information when creating a User Account and during your use of the Site.
  3. Users (or in the case of a User who is a minor, their parent(s) or legal guardian(s)) should purchase tutoring services. By purchasing tutoring services on this Site, you represent that you are eighteen (18) years or older and that you are authorized to use the chosen payment method for the purpose of purchasing tutoring services on the Site. Additional tutoring services purchased on the Site are only valid for the User Account for which they are purchased and are otherwise non-transferable.
  4. Additional tutoring services may be purchased for the periods and with the features as stated on the tutoring services purchase page.
  5. From time to time, HelloClass may offer free or subsidized trials of tutoring services and promotional pricing for tutoring services. Such trials and promotional pricing may be subject to certain restrictions such as, first time users, limited duration and as otherwise indicated and determined by HelloClass.

Right to Use this Site

  1. HelloClass grants you a personal, limited, non-exclusive, revocable license to access and use this Site for your personal use subject to this Terms of Use. HelloClass reserves the right to suspend or terminate operation of this Site at any time for any reason without liability to you. HelloClass has the right to suspend or terminate your User Account and refuse any and all current or future use of the Sites to you if you violate any part of this Terms of Use. HelloClass has the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without notice or liability to you.
  2. In addition to other proprietary rights specified in this Terms of Use, Users may not:
    1. frame or utilize framing techniques to enclose any element, including without limitation,any text, graphics, images or trademarks on the Site (collectively, "Elements");
    2. gather,obtain, use, access or otherwise copy the Site or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind;
    3. use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site;
    4. directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site; or v) engage in any activity that interferes with another User's access, use or enjoyment of this Site.
  3. You agree that you will treat HelloClass tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not solicit any personal information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately notify us by email at support@helloclass.com
  4. Tutors are made available as per the service hours of the program, though you might not always get a tutoring session due to the following reasons:
    1. due to unavailability of tutors for the specific subject at the specific time;
    2. due to technology problems; or
    3. during site maintenance.

Fair Usage Policy

Every student must have his or her own tutoring subscription and must not overbook sessions and not attend them. Subscription abuse applies to usage of one account by multiple students in the same family, sharing a subscription with others or booking many sessions and not showing up for them and using more than 1 session every day. These constitute a violation of the terms of service and HelloClass reserves the right to cancel a customer account or limit usage if there is suspected account abuse. If your account is suspended or limited please contact customer service. Cancelled or limited accounts are not entitled to any refunds for used or unused subscription services so keep your account login information confidential and private and cancel sessions you can't attend to allow booked tutors to be available to help other students.

Cancellation and Refund

If you would like to cancel your plan for any reason, you may do so by sending an email to support@helloclass.com. When you cancel your subscription, we will stop renewal on your account and stop refilling minutes based on your product. Any unused time in your account will be good until your subscription end date or 1 year from the date of purchase whichever is earlier. After which your account will expire and be non-refundable. All applicable refunds would be done on a pro-rata basis.

Disclaimers and Limitation of Liability

  1. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  2. NEITHER HELLOCLASS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SITE, OR MERCHANDISE PROVIDED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SITE OR ANY SITES OR SERVICES WITH WHICH IT IS LINKED.
  3. PRICE INFORMATION AND CONTENTS OR FEATURES OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
  4. THE SITE LINKS TO OR REFERENCES SITES, OTHER SERVICES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE HELLOCLASS HAS NO CONTROL OVER SUCH SITES, OTHER SERVICES AND INFORMATION, HELLOCLASS MAKES NO GUARANTEE AS TO SUCH SITES, OTHER SERVICES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES, OTHER SERVICES AND INFORMATION AND HELLOCLASS ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCE LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT- ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE SITE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. HELLOCLASS MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.
  5. USER SPECIFICALLY ACKNOWLEDGES THAT HELLOCLASS AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
  6. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS IN THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
  7. IN NO EVENT WILL HELLOCLASS, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND FEATURES ON THE SITE.

Indemnification

You agree to indemnify and hold HelloClass and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against HelloClass by any third party due to or arising out of your use of this Site, your connection to this Site, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.

Lawful Use

In order to provide you with ease of access to your account, HelloClass will place a cookie (a small text file) on any computer from which you access the HelloClass Web site. This cookie is used to identify you throughout the HelloClass Web site. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless HelloClass has expressly approved such material in advance of its transmission. Any conduct by a User that in HelloClass’s discretion restricts or inhibits any other User from using or enjoying the Site is expressly prohibited.

Ownership of Intellectual Property

  1. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by HelloClass and portions of which are owned by other parties and licensed to HelloClass. The entire contents of the Site are copyrighted as a collective work/compilation. HelloClass owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of HelloClass (or the copyright owner(s) if other than or in addition to HelloClass). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
  2. The Site permits you to generate certain content, such as responses, essays, chat transcripts, test answers and results, based on information provided by you (collectively and excluding the content referenced in Section 11 of this Terms of Use, ("User Content"). HelloClass agrees that you shall retain ownership of your User Content provided however that by using this Site and submitting User Content to the Site, you hereby grant to HelloClass and its affiliates and any applicable third party service providers a worldwide, non-exclusive, royalty-free, transferable right and license to reproduce, distribute, adapt, publicly perform and display and otherwise use and modify your User Content in connection with HelloClass’s provision of the Site to you. Uploading of Intellectual Property User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, User automatically grants, or warrants that the owner of such material has expressly granted HelloClass the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants HelloClass the right to edit, copy, publish and distribute any material made available on the Site by User.

Trademarks

Unless otherwise indicated, trademarks that appear on this Site are trademarks of HelloClass, or its affiliates. All other trademarks not owned by HelloClass or its affiliates that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HelloClass or its affiliates.

Submissions

HelloClass always welcomes suggestions and comments regarding the Site. Any comments or suggestions submitted to HelloClass, either online or offline, will become HelloClass’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by HelloClass might seem to others to be similar to their own submissions or comments.

Entire Agreement

This Agreement, and any operating rules for the Site established by HelloClass, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law

This Agreement shall be construed in accordance with the laws of the State of Karnataka, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City of Bengaluru. This Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Headings

The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

Specific Terms of Use for Home Tutoring

These terms are in addition to the clauses mentioned above and are specific to the Home Tutoring service provided by HelloClass Once you accept the Terms and conditions and want to avail the Service of HelloClass, then HelloClass will arrange for a Demo Class with the Tutor and the said Demo class will be at free of cost. After the Demo class if you satisfied with the Tutor, then you can chose the said Tutor the assignment. If not satisfied, HelloClass will arrange for the Demo Class with the other Tutor/Tutors of your Choice. Please note that the selection of the Tutor is purely of your choice, and HelloClass will not suggest/force you to choose a particular Tutor. You need to pay the fees/Charges directly to the HelloClass. You need to pay the fees/charges well in advance to HelloClass as per HelloClass payment Policy. And once the assignment is completed and after confirmation for the same from your end, HelloClass will release the payment to the Tutor. HelloClass will be entitled for Service charges which will be determined by HelloClass from time to time. The package will be inclusive of Service charges. (See Payment Policy) The background of the Tutors is verified on the basis of the documents provided by the Tutors and the information provided by the Tutors will be with the HelloClass for the future references. The tuitions should be conducted in the presence of the Parents of the Child/or any other elder member of your family. The tuitions should be conducted in an open space. You should not allow conducting the tuition in a room by closing the door or closed premises or in any place wherein the access is restricted. You have to provide all the details including the Address where the Tutor should take up classes, the Timing of the said Tuition and the grade of the Student and the Subject in advance. You are restrained from directly negotiate with the Tutor with regard to the fees/money for the said assignment. You should not approach the tutor to make personal visits without assigning the duty by the HelloClass and also you should not make payment to the Tutor directly. In such cases, HelloClass is at liberty to claim damages from you. HelloClass is not liable for any theft of belongings/money/jewelries etc., or robbery by the Tutor during the course of assignment. On such cases you are at liberty to approach the jurisdiction Police seeking relief as per law. HelloClass will not hold any responsibility for the physical mishandling or any harassment including Sexual Harassment etc., during assignment or any other time by the Tutor. On such cases you are at liberty to approach the jurisdiction Police seeking relief as per law. You have to behave with the Tutor as a prudent person. You should not physically mishandle or do any harassment including Sexual Harassment etc., at the time of assignment, during assignment or any other time to the Tutor. In such cases, necessary legal actions will be initiated as per Law. The HelloClass is at liberty to Cancel the assignment and modify the assignment and timings without prior notice to you. And further the HelloClass will inform you about any changes in the assignment and timings. In the case of change of the Tutor, you will be again provided with a Demo class to choose your Tutor. HelloClass is at liberty to change/modify/cancel your assignment forthwith on account of misconduct, including but not limited to, fraudulent, dishonest or undisciplined conduct, or breach of integrity, or embezzlement, or misappropriation or misuse or causing damage to the Company’s or Client’s property or breach of the confidentiality or trust related obligations. In all the above cases, HelloClass will terminate your assignment. You should keep HelloClass informed of any change in your residential address. Any communication conveyed or letters /documents sent to the last recorded address with HelloClass, shall be deemed to have been duly served on you. You will be governed by the Rules and Regulations of the company as are in force at present and / or as may be introduced from time to time. You shall defend, indemnify and hold HelloClass, its Directors, Officials, Employees and Consultants harmless from any and all claims, injuries, damages, loses, or suits (Civil, Criminal, Consumer or any other of whatsoever nature) including Law firm’s or Advocate’s fee, arising out of or resulting from the acts, errors or omissions either due to intentional conduct or otherwise of your performance of obligations envisaged under this Contract. In case of any dispute or difference or mutual claims accruing or arising from this Agreement and on all matters incidental or related thereto, shall be resolved initially by means of mutual discussion, deliberation, etc., and on its failure, the same shall be resolved by means of the arbitration, to be regulated in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration proceedings shall be at Bangalore. The award passed by the said Arbitral Tribunal shall be binding on both the parties to this Agreement, subject to the other provisions of the Indian Arbitration and Conciliation Act, 1996. The motto of HelloClass is to assist the Parents to get best education for their Children by providing private Tuitions by the best Tutors and to the Students to learn at home effectively in order to perform their best in academics. We welcome you to HelloClass and look forward to a long and happy association.

Quizzes

HelloClass Quizzes (“Quizzes”) represents a platform with a set of assessments included in the student app/webpages/blog. It is a platform for testing subject related skills of the User and is intended to be used purely for academic purposes. Questions used in the Quizzes are fictitious and any examples or references thus used have no direct correlation with any person, place or object and in no way the opinions mentioned in the platform should be construed as an opinion on any person, place or object. The selection of winners of Quizzes is purely on merit basis. In case of any disputes, HelloClass reserves the right on final selection of winners for the assessments platform. HelloClass employees or their family members are not allowed to take part in the Quizzes platform and thus are not eligible to win prizes. HelloClass solely has the right to decide the time of operation of Quizzes and withholds all rights to suspend temporarily or permanently the Quizzes at any time. Under any such circumstances, HelloClass is not liable to announce the winners of Quizzes.

Terms for the Guaranteed Grade Improvement or your Money Back program

  1. The child should have taken a HelloClass home tutoring package with a minimum of 12 hours per month for 3 months without any breaks in between.
  2. The child should have followed the HelloClass methodology and completed all the practice worksheets given by our academic counsellors
  3. The basis for tracking the improvement will be the pre and post assessment conducted by HelloClass at the beginning and end of the 3 months period.
  4. This is applicable for Mathematics and Sciences for grades 6th to 12th only
  5. The money back liability will be capped to the package charges paid to HelloClass