WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Iexperiencing provides this Site to users (“Students or help seekers or Learners”) who are seeking for developing and learning different skills and to the users seeking to provide their skills as well as their tutoring services (“Tutors /Helper/Trainers and of age above 18 yrs”).
The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors,learners,trainers,helper,help seeker or any person who views, uses, accesses, browses or submits any content or material to the Site. The Terms are effective upon acceptance and govern the relationship between you and us including the provision of any of the Services on our Site.
In the event the Terms conflict with any other document / policy / content on our Site, the Terms will prevail over them, for the purposes of usage of the Site. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
You are responsible for your acts and omissions. Site is only a venue to connect any one willing to learn skills (Students/help seeker/Learners) and those who want to provide their skills and tutoring services(Helper/Trainer/tutor) in the event that you have any dispute with other user, you release iexperiencing (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We only support the Helper/Trainer/Tutor and Helpers/Learners/students. The decision to get help from our website for connecting with a skilled Helper/Trainer/Tutor is yours.We are just a medium to help you learn and build skills .You can connect with us any time if you have any queries regarding the services of Helper/Trainer/Tutor on our website.
Helpers/Learners/students are responsible for selecting the type of Helpers/Learners/students and getting help in learning any skill they want as per the choices given in the form while they are submitting it.
We strictly test and assess the Helper/Trainer/Tutor if they have skills,their background and identity but it does not mean we are responsible for his or her actions and behaviour towards a “help seeker” when a helper is teaching to a “help seekers”. For establishing a co-ordination among a “helper” and a “help seeker” we have “moderator”. But a moderator will not be held responsible to manage and control the co-ordination in those critical situations and cases when misbehavior at the peak is being shown or observed by “help seeker” to “helper” and vice-versa.
We also take Help seeker’s plus the moderator’s “feedback as well as rating” which we can use to track and suspend the service of any “helper” at any time in case we find that a helper is not able to provide quality work,show inappropriate behaviour or does anything that makes a “help seeker” unhappy or unsatisfied when he/she is teaching a “help seeker”.
Similiarly if a “moderator” is not able to establish a better coordination among the “helper” and “help seeker” which we can track through the help seeker’s feedback as well as ratings then we can also discontinue moderator’s service any time we want.
iexperiencing.com is not responsible for any criminal or theft activities that can happen at the residence of “helper” or “help seeker” or at the place of “helper or help seeker”. You will be considered responsible for your own security.Specially in the cases where a help seeker is below 18 YEARS OF AGE then his or her parents must be present at the venue along with them.
iexperiencing controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. iexperiencing services may not be available in your location, and available services may vary among locations. In addition, iexperiencing will attempt to deliver all correspondence sent via the Site’s messaging system. iexperiencing does not, however, guarantee delivery of all messages.
iexperiencing.com reserves the right to withdraw or modify aspects of the iexperiencing.com service, or the entirety of it, when and where we have legal or commercial reasons to do so. There may also be times when the iexperiencing.com service becomes inaccessible as a result of technical difficulties experienced by iexperiencing or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
You acknowledge and agree that iexperiencing’s services are provided for the purpose of facilitating education ,Skill development and not for any illegal purposes. You agree not to use the Site to hire tutors/trainer/helpers for illegal purposes such as to complete assignments, to write test/exam papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use iexperiencing’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, college, university, academic institution or workplace. You agree not to use the Site to:
(a) violate or encourage the violation of any local, state, national, or international law;
(b) stalk, harass, or harm another individual;
(c) collect or store personal data about other users of our Site;
(d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site or Mobile Application to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by iexperiencing in its sole discretion.
Without our written consent, you may not:
(i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site;
(ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
(iii) Use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon;
(iv) deep link to the Site for any purpose; or
(v) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Eligibility and conduct
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. If you are below age of 18, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms.
If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child.
By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services.
Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein.
(a) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”);
(b) to maintain the security of your password and identification;
(c) to maintain and promptly update the Registration Data and any information you provide to iexperiencing, to keep it accurate, current and complete; and
(d) to accept all risks of unauthorized access to information and Registration Data. . Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
You may submit feedback regarding your experiences with “Helper” or “Moderator” on our Site or Mobile Application, submit inquiries concerning possible educational needs and to participate in the other interactive and community features of the Site (collectively “Submitted Content”). It is important that you act responsibly when providing Submitted Content.
In providing feedback/ratings, please give clear, honest information about the “Helper/Trainer/Tutor” or “Moderator” and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity.
When participating in other interactive or community aspects of the Service, please do not post any information that another user or Tutor or Institute may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
You acknowledge and agree that by submitting the Submitted Content to us, you
(i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submitted Content throughout the world in any media, now known or hereafter created without attribution,
(ii) grant us the right to pursue at law any person or entity that violates Your and/or our rights in Your Submitted Content, and
(iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submitted Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submitted Content or any derivative thereof.
You further acknowledge and agree that Your Submitted Content is non-confidential and do not contain proprietary information.
Except as otherwise set forth in this Terms, we will be entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to You or any other person.
With respect to Submitted Content, you acknowledge, warrant and agree that:
a) If Submitted Content concern Helper or Moderator, Submitted Content will be true and accurate, only concern or relate to the care or service that You, Your minor child or Your ward received from the Helper or Moderator being reviewed, that You are not related to or employed by the Helper or Moderator being reviewed and that You are not impersonating any other person;
b) If You are a Tutor(Helper) or Moderator submitting or editing any Submitted Content, Your Submitted Content will be true and accurate, You are the Tutor(Helper) or Moderator specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
c) You have the right to make Submitted Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and Submitted Content will not contain any content, personally identifiable information (other than the name of the Tutor or Institutes being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
d) Submitted Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that
(i) libel, defame, or invade the privacy of any third party,
(ii) are obscene or pornographic,
(iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed,
(iv) constitute personal attacks on other individuals,
(v) infringe the intellectual property, trade secret or proprietary rights of any third party,
(vi) promote criminal or other illegal activity,
(vii) promote or advertise any person, product or service or solicit funds, or
(viii) are deemed confidential by any contract or policy.
You are permitted to post only one Submitted Content regarding the same Tutor or Institute, entity, procedure or subject during any thirty day period.
We reserve the right to publish your Submitted Content as part of the Service and to also to remove your Submitted Content for any reason. We are not, however, responsible for any failure or delay in removing Submitted Content.
We do not provide the Submitted Content on the Site. It is users of the Site provide Content on the Site. The Tutor(helper) or Moderator determine which questions to answer; they are not employees or agents of iexperiencing but are independent service providers using the Site to provide their expert knowledge to users of Site.
We are not involved in any conversations between users and does not refer you to or endorse or recommend particular Tutor(helpers). You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content on Site. We shall not be liable for any acts or omissions of Tutor or Institutes, Content, the ability of Tutor or Institutes to answer questions or the ability of Students to pay for tuitions. We do not ensure that users will complete a transaction.
By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site:
(a) you have and will at all times comply with all laws and regulations;
(c) neither you, nor anyone in your home:
(i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;
(ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or
(iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and
(d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Site, you understand and agree that iexperiencing may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that iexperiencing may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize iexperiencing to verify the above representations and warranties by you and you acknowledge and agree that iexperiencing shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records.
You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that iexperiencing may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree iexperiencing does not conduct background checks of any User. You also understand and agree iexperiencing neither confirms nor denies the validity of information provided by Users and that iexperiencing does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
iexperiencing expressly disclaims, and you expressly release iexperiencing from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to:
(a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or
(b) misstatements or misrepresentations made by any User.
iexperiencing reserves all of its rights to remove anything objectionable to iexperiencing in its sole discretion. Alleged improprieties by any User may be reported to iexperiencing by email at [email protected]iencing.com.
Fees & Refunds
iexperiencing may at its sole discretion revise or change the subscription and connect rates without any prior notification. Refunds will be made at the sole discretion of iexperiencing.
Third party reports
iexperiencing may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”).
iexperiencing does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. iexperiencing does not independently verify information in the consumer reports.
You hereby consent to iexperiencing collecting, using and disclosing the information in the consumer reports. You understand and agree that iexperiencing may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that iexperiencing shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete.
Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. iexperiencing reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in iexperiencing’s sole discretion.
Confidentiality of iexperiencing information
You may obtain direct access via the Site to certain confidential information of iexperiencing and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with iexperiencing and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence:
(a) you possessed prior to your receipt from iexperiencing, without an obligation to maintain its confidentiality;
(b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms;
(c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential;
(d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or
(e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to iexperiencing adequate to afford iexperiencing the opportunity to object to the disclosure.
Terms of transacting business
You understand and agree to abide by iexperiencing’s “tutor(helper)” ,”help seekers(students)” and “moderator” payment policies. You agree that you are willing to pay all costs associated with the services through iexperiencing. These costs include but are not limited to:
(a) a tutor’s hourly rate as listed;
(b) travel and transportation fees (if applicable and agreed)
(c) cancellation fees by contacting the Site;
(d) the booking service fees between the “Help seekers” and iexperiencing.
(e) the commission arrangement between the “Helpers” and iexperiencing.
Third party verification services
iexperiencing may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that iexperiencing shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.
Advertisements and promotions
iexperiencing may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than iexperiencing found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. iexperiencing is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-iexperiencing advertisers on the Site.
Third Party links
Placement of information, logos, links or names of Tutor or Institutes or any other third party entities on the Site does not constitute an endorsement or warranty of their services or opinions or their products. You take full responsibility for a decision to visit or patronize any such entity and hold iexperiencing harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and iexperiencing or between any User including Tutor or Institutes or any other third party entities and iexperiencing by formation of this Agreement or by your participation on the Site.
We do not control the information provided by Helper(tutor) or any other third party entities or users, which you may find to be offensive, harmful, inaccurate, or deceptive.
YOU ARE RESPONSIBILE TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
Text message & PUSH notifications
We send various text message and PUSH notifications for new users messages, new message reminders, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
Intellectual property rights
Except as expressly authorized by iexperiencing or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software iexperiencing discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“iexperiencing Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations iexperiencing uses in connection with its products and services. You may not remove or alter any iexperiencing Trademarks, or co-brand your own products or material with iexperiencing Trademarks, without iexperiencing’s prior written consent. You acknowledge iexperiencing’s rights in iexperiencing Trademarks and agree that any use of iexperiencing Trademarks by you shall inure to iexperiencing’s sole benefit. You agree not to incorporate any iexperiencing Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by iexperiencing on this Site provided that:
(a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content;
(b) the use of such Content is solely for personal and non-commercial use;
(c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
Termination and suspension
iexperiencing reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination (deletion of profile) or during suspension (deactivation of profile).
Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. iexperiencing DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. iexperiencing MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
iexperiencing MAKES NO WARRANTY OR REPRESENTATIONS THAT:
(A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
(C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR
(D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitation of liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING OR HELP PROVIDING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT iexperiencing HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT iexperiencing MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT iexperiencing IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, iexperiencing EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. iexperiencing WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. iexperiencing IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT iexperiencing HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT iexperiencing MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT iexperiencing IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, iexperiencing EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES iexperiencing FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE FULL EXTENT PERMITTED BY LAW, iexperiencing IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF iexperiencing HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(A) THE USE OF OR THE INABILITY TO USE THE SITE;
(B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE;
(C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR
(D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL iexperiencing’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED
(A) THE AMOUNT PAID BY YOU TO iexperiencing OR A iexperiencing PARTNER, IF ANY, OR
(B) INR 5000 (WHICHEVER IS LESS).
Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in iexperiencing’s Helper,Moderator and Help seekers Safety Tips, when interacting with other users
You agree to indemnify, defend, and hold harmless iexperiencing and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable lawyer’s fees and court costs, incurred by iexperiencing in any way related to your
(a) acts and/or omissions on or off the site;
(b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site;
(d) disputes with or between other Users;
(e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon;
(f) violation of any applicable law or regulation;
(g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility;
(h) misstatements and/or misrepresentations;
(j) User information and any acts or omissions with respect to such User information;
(k) use of any information in third-party reports;
(l) use of third party payment processing services;
(m) use of phone support services; and/or
(n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by iexperiencing in the defense of such claims.
iexperiencing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of iexperiencing without the written consent of iexperiencing.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Registered Tutors(helpers), or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration then in effect and before a single arbitrator chosen by iexperiencing.
Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party.
The arbitration shall be conducted in Lucknow, Uttar Pradesh,India and judgment of the arbitration award may be entered into any court having jurisdiction thereof.
iexperiencing may seek any interim or preliminary relief from a court of competent jurisdiction in Lucknow,Uttar Pradesh,India necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to iexperiencing for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, iexperiencing will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if iexperiencing seeks such an injunction.
Notices; modification and termination of services; amendment of terms iexperiencing may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. iexperiencing reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. iexperiencing may also delete, or bar access to or use of, all related information and files. iexperiencing will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. iexperiencing may amend these Terms at any time by posting the amended terms on this Site.
This Agreement shall be governed by and construed in accordance with Indian laws, without regard to choice of law rules.
Any controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Lucknow,Uttar Pradesh,India and judgment of the arbitration award may be entered into any court having jurisdiction thereof. iexperiencing may seek any interim or preliminary relief from a court of competent jurisdiction in Lucknow,Uttar Pradesh,India necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
USER ACCOUNTS AND AUTHORITY
In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account (“User Account”). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
CONFIDENTIALITY & SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION.
Because the Internet is not a 100% secure environment we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted.