TERMS AND CONDITIONS
Last updated: 20-07-2021
Welcome to M/S SMRT GURU (hereinafter referred to as “SmrtGuru”, “SMRT GURU”, “Company”, “we”, “our” or “us”)
1.1 These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.smrtguru.com (together or individually “Service”) operated by M/S SMRT GURU.
1.4 If you are using this Site, Application or Service then these Terms and Conditions are binding between you and SmrtGuru. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1.5 If you do not agree with (or cannot comply with) Agreements, then you have no right to use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Site, Application or Services.
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
2.1″Sessions” means scheduled educational classes listed on the Site or Application.
2.2 “Session Fees” means the amounts that are due and payable by a Student for enrolment of Sessions.
2.3 “Collective Content” means Member Content and SmrtGuru Content.
2.4 “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
2.5 “Listing” means Sessions that are listed by Teachers as available via the Site, Application, and Services.
2.6 “Member” means a person, who completes SmrtGuru’s account registration process, including but not limited to Teachers and Students, as described under “Account Registration” in Clause 6 below.
2.7 “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, including Member profile available through the Site, Application or Services.
2.8 “Payment Method” means a payment method that you have added to your SmrtGuru Account, such as a credit card, debit card or net banking.
2.9 “Student” means a Member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.
2.10 “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that SmrtGuru may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
2.11 “Guru” means a Member who has enrolled on SmrtGuru in order to provide services through the Site or Application
2.12 “SmrtGuru Content” means all Content that SmrtGuru makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
- Terms of Service
3.1 By using Site, Applications or Services you agree to comply with and are bound legally by these Terms, irrespective of you being a Member or not. These Terms govern your use and access to the Site, Applications or Service and all the Collective Content, these Terms shall have a legally binding agreement between you and SmrtGuru.
3.2 If you do not agree with the Terms you have no right to use and access the Collective Content and Site, Applications or Service. Failure to comply with these Terms may attract a civil and criminal liability for you.
3.3 The Site, Application and Services comprise an online platform which creates Listings for Sessions and Students may learn about and enrol for the Sessions directly through the Site and Application.
- Usage of Site, Applications or Service
4.1 By using or accessing the Collective Content of SmrtGuru you agree to use the Site, Application or Service only for educational purpose.
4.2 SmrtGuru is a platform where a Guru can conduct Sessions for Student which would commence only when Sessions Fees is paid in full. You may browse through listing without being a Member, however, if you wish to enrol for a Session, you are required to create an account with SmrtGuru.
4.3 Use of the Site, Application or Service is available to person who are 18 years of age or above and who can form legally binding contracts under Indian laws. If anyone under 18 years of age wants to enrol for a Session, your parent or guardian has to provide an e-signature stating he/she is entering the contract on behalf of the minor, this contract would be legally binding on the signee. By enrolling in a Session you warrant that you are 18 years of age or above.
4.3 Unless explicitly specified otherwise in SmrtGuru platform, SmrtGuru’s responsibilities are limited to facilitating listing of the Sessions through Site, Application or Services.
4.4 By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from SmrtGuru with respect to such actions or omissions.
- Sessions Listing
5.1 SmrtGuru facilitates Guru to list commencement or already commenced Session or Sessions. The details regarding the Session has to be entered by Guru and is not a responsibility of SmrtGuru. Session details including but not limited topics covered, number of sessions, subject or subjects taught and time slots.
5.2 Please note that SmrtGuru assumes no responsibility for a Student’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. SmrtGuru reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that SmrtGuru, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or SmrtGuru’s then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
5.3 If you are a Guru, you understand and agree that your relationship with SmrtGuru is limited to being a Member and an independent, third-party contractor, and not an employee, agent, partner in joint- venture or partner of SmrtGuru for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of SmrtGuru. SmrtGuru does not control, your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of SmrtGuru, including by inappropriately using any SmrtGuru intellectual property.
5.4 If you wish to enrol for a Session you will be required to complete the registration of an account with us.
- Account Registration
6.1 In order to access certain features of the Site, Application, and to enrol for Session, you must register to create an Account (“SmrtGuru Account”) and become a member.
6.2 A Guru also has to become a member by registering an account under “Become a Guru” category to start providing services through the Site, Application, once verified and permitted to do so.
6.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
6.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
7.1 If you wish to purchase any product or service made available through Service (“Payments”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
7.2 You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
7.3 You would be required to pay the Session Fees before commencement of the Session. Your enrolment would be confirmed through text-message or registered email within 7 days (“Enrolment Confirmation Period”) of receiving an enrolment request. In case on inability to confirm within this “Enrolment Confirmation Period” the sum collected by SmrtGuru would be refunded to the account, a notification in writing would be provided through text-message, or message via registered e-mail.
7.4 The Session Fee would be displayed to Student before paying for the session, if the enrolment is cancelled before commencement of a session the amount would be refunded as per terms applicable in Section 8 Refunds and Cancellation.
7.5 SmrtGuru would send an invoice confirming the enrolment to your registered e-mail, once the payment is duly received. This invoice will act as a proof of payment in case of any disputes between the Guru and Student.
- Refunds and Cancellation
8.1 If a Student cancels a confirmed enrolment made via the Site or the Application, either prior to or after commencement of the Session, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. SmrtGuru will initiate any refunds due pursuant to the Payments Terms.
8.2 A student can claim a full refund till the first two Session or 1 week from commencement of the session, whichever is earlier, after which the student has to pay by the Session Fees listed by the teacher on the date of enrolment for the total sessions conducted from the commencement of the session, including the free sessions if any, the amount would be deducted from the sum collected by SmrtGuru from the student before enrolment of the sessions. The partial refund policy only applies for the first four sessions or 1 week from commencement of the session, after expiration of period no refund shall be available.
8.3 If free Sessions are provided to a student, these Sessions would be considered in the calculation of total Sessions attended by a Student.
8.4 If We cancel a Session, the fees collected by SmrtGuru would be refunded to the students. Such fee is only limited to the fees paid by the Student for that particular Session or Sessions.
8.5 If for any reason Guru is unable to conduct a session during the refund period the refund period shall be set to 1 week from the date of commencement of the session.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by SmrtGuru.
- User Conduct
10.1 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies SmrtGuru endorsement, partnership or otherwise misleads others as to your affiliation with SmrtGuru;
- dilute, tarnish or otherwise harm the SmrtGuru brand in any way, including through unauthorized use of Collective Content, registering and/or using SmrtGuru or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to SmrtGuru domains, trademarks, taglines, promotional campaigns or Collective Content
- Copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms.
- contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any Member to join third-party services or websites that are competitive to SmrtGuru, without SmrtGuru’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- share contact information, address or any kind of personal information with another member for any reason
- ask for any personal contact information to solicit any Member to sell or buy any kind of a product or a service.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
- Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
10.2 Guru is not permitted to share any personal contact details with the Students, or ask for any personal contact details from the Students including but not limited to mobile number, e-mail address, home address, parent or guardian’s mobile number and e-mail address. Any communication is to be facilitated as specified by SmrtGuru.
10.3 If an evidence is found against a Guru for violating the Terms, SmrtGuru has the right to stop or cancel the due payments to the concerned party.
10.4 SmrtGuru has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, SmrtGuru may take a range of actions against you, including but not limited to deactivating or cancelling SmrtGuru Account, for a violation of this Section or these Terms.
10.5 SmrtGuru may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against SmrtGuru or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of SmrtGuru, its users, or members of the public.
10.6 You acknowledge that SmrtGuru has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
10.7 SmrtGuru reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that SmrtGuru, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
10.7 Subject to your compliance with these Terms, SmrtGuru grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
10.8 Guru shall not contact any member for the next 6 months after last interaction on our Site or Applications
- 11. Communications
11.1 By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].
11.2 Reporting Misconduct If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SmrtGuru by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
11.3 To report a misconduct by a Guru including but not limited to sharing of personal details, asking for personal details, promotion of a product or service other than permitted by SmrtGuru, you may mail us at [email protected]
- Member Content
13.1 We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through SmrtGuru promotional campaigns, you hereby grant to SmrtGuru a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. SmrtGuru does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
13.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Applications, Services or through SmrtGuru promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through SmrtGuru promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to SmrtGuru the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or SmrtGuru’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or SmrtGuru promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may use third party services to analyse the Services provided by us.
- Copyright Policy
15.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
15.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
- Error Reporting and Feedback
You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
- Links To Other Web Sites
18.1 Our Service may contain links to third party web sites or services that are not owned or controlled by M/S SMRT GURU.
18.2 M/S SMRT GURU has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
18.3 You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
19.1 These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
19.2 Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
19.3 Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
19.4 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
19.5 No advice or information, whether oral or written, obtained from SmrtGuru or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein.
19.6 You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Students. You understand that SmrtGuru does not make any attempt to verify the statements of users of the Site, Application or Services or to review any Course. SmrtGuru makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, Application Or Services, including, but not limited to, Students, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by SmrtGuru. SmrtGuru explicitly disclaims all liability for any act or omission of any Student or other third party.
- Limitation of Liability
20.1 Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
21.1 We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
21.2 If you wish to terminate your account, you may simply discontinue using Service, and if you are a member you may request us to deactivate your account by mailing us the same to [email protected]
21.3 All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
22.1 These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
- Changes to Service
23.1 We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
- Amendments to Terms
24.1 We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
24.2 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
24.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
- Waiver and Severability
25.1 No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
25.2 If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
- Contact Us
Please send your feedback, comments, and requests for technical support by email: [email protected].