Zola Learning Private Ltd

Terms & Conditions:

These Terms and Conditions or Terms of Service set forth the standards of use and our provision of the Services (as defined below in Clause 3) on [ZOLA] located [https://www.zolalearningacademy.in/] and all its associated pages and websites (“Website”). The Websites are owned and operated by M/s. Zola Learning Private Ltd (“Zola” or “Company”).

By accessing or using the Website, you (“Student”/ “Tutor”) agree that you have read, understood, and agree to be bound by these Terms and Conditions (as amended from time to time) along with the terms of our Privacy Policy and any other terms, policies, or legal notices published by us that govern your use of the Website, including, without limitation, the Tutor Agreement, Student Policy Handbook, Refund and Cancellation policy (as amended from time to time).

If you disagree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using this Site. The Company is free to modify these Terms and Conditions as necessary, of which the Company will notify the users.

1. APPLICABILITY

The Terms and Conditions apply to any person accessing or using the Website through a computer, mobile phone, tablet, television, or any other media or computer resource (from now on referred to as “You” or “Your” or “User”) for any purpose.

2. PURPOSE

To set out the Terms and Conditions on which the Company (“Us/ We”) offers its Services, which will bring together students and tutors worldwide and arrange a platform that helps provide online tutoring services to the students.

3. NATURE OF SERVICES AND REGISTRATION

3.1. The following are the services that entail the use of the Website (individually or collectively referred to as “Services”)

1. To connect students and tutors across the globe
2. To allow students to access quality online live instruction/tutoring via the Website.
3.  Allow virtual delivery of educational programs for students (Kindergarten, Primary, Secondary, and other skill development programs through our booster clubs)
4. Creation and dissemination of educational materials in the form of digital reading materials.

3.2. To register an account with the Company and avail the services of the Website, you may undertake the following steps:

1. Register with the website by providing your name, class, and contact details. After which, you will be provided with a dedicated account ID and password.
2. Tutors can register for an Account by completing the sign-up form at [https://www.zolalearningacademy.in/ ]; accepting any person as a Tutor is at our discretion. We will provide the Tutor with the login credentials required to access the Tutor’s Account upon approval. (Sign up page for tutors)
3. Customers/students/clients can create an account at [https://www.zolalearningacademy.in/ ] (Sign up page for students)
4. Upon payment of fees, students may use their account to attend classes and access the learning materials from the Website.

         DEFINITIONS

4.1. In this Terms and Conditions, the following words shall, to the extent not inconsistent with the context thereof, have the following meanings respectively:

4.2. “Zola,” “We,” “Us,” and “Our” refers to the Company, which includes its shareholders, directors, officers, employees, or agents

4.3. “Tutor” means someone with appropriate qualifications and experience to provide academic tuition.

4.4. “Student” and or “student’s parent/guardian or the end user” means someone using the Company’s Website to avail our services.

4.5. “Parent,” “Guardian,” or “Client” means the person or persons seeking to appoint a tutor on behalf of the student.

4.6. “Session” means any period during which a tutor is interacting/teaching online to a student via the facilities offered through the Website

4.7. “Agreed Hourly rate” means the rate payable for tuition as agreed between the Company and the client/ customer

4.8. “Free Trial” means a free trial session with a tutor during which the student can evaluate the tutor’s suitability for the required tutoring.

4.9. “System” means any online communications that the Company makes available through the Website now or in the future. It includes, but is not limited to, email, message boards, live chat facilities, our various websites, mobile application, APIs, email notifications, applications buttons, and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services.

4.10. “Account” means the registration on the Company’s portal and workspace for students/tutors/admin on the Website.

5. ELIGIBILITY

The Website is intended solely for individuals who are 18 years or older.  If you are a minor, (i.e., under the age of 18), you are not entitled to register as a user of the Website or to deal with it. In this case, you may use the Services with, and under the supervision of the parents or the guardian who has already agreed to be bound by these Terms and Conditions. If you are a father, a mother, or a legal guardian of a minor child under the age of 18, you may use our services on behalf of that minor child.

6. REPRESENTATIONS AND WARRANTIES OF A TUTOR:

6.1. Tutors acknowledge that they are not an employee of the Company but independent contractors and are liable to pay all the Income Tax, National Insurance, and other taxation or employment-related responsibilities arising in connection with their involvement in tuition arrangements.

6.2. Tutors understand that they conduct tutoring sessions in compliance with the terms of the Tutor Agreement entered between the tutor and us and any other codes of conduct that may be applicable.

6.3. Tutors understand that all the information provided by them will be available to the public on the Website.

6.4. Tutors agree that they will not try to gain the students’ details and will not try to contact them in any way other than through the Company’s Website/ portal/ app, or engage them for any tutoring business in the future outside of the Company.

6.5. Tutors agree that they will not indulge in any illegal activities, and in the event of such happening, the Company is entitled to take legal action against them.

6.6. Tutors are aware that, barring a valid excuse, such as a serious illness or unforeseen circumstances, they will finish all scheduled classes. The Company has the right to terminate the tutor if he/she cancels the booking for no legitimate reason.

7. STUDENT REPRESENTATION AND WARRANTIES:

7.1. Students agree to submit and confirm information about themselves, tuition requirements, and tutor engagement terms.

7.2. Students agree to conduct themselves following the terms of the Student Policy Handbook and any other codes of conduct that may be applicable.

7.3. Students confirm that they will have a trial session of 0.5-1hour after which the student can elect to take further tuition sessions in the same subject or club and same level as the tutor.

7.4. Students acknowledge that they may reschedule a booked tuition session without charge, subject to a minimum notice period of 2 hours before the scheduled lesson start time.

7.5. Students acknowledge that they are not allowed to share personal details with tutors or engage in personal conversation.

7.6. Students warranty that they will not under any circumstances engage the company’s tutors for personal tutoring at a later stage.

8. LIABILITY

8.1. The Company assumes no liability for damages resulting from any errors or omissions in the Website, any losses or damages arising from the use of the Website/or the Services.

8.2. The Company will not be liable to you or any third party for any consequential, incidental, special, direct, or indirect damages arising out of availing of Services

8.3. The Company will not be liable to you or anyone else for any loss resulting from a cause over which the Company does not have direct control. It includes but is not limited to failure of electronic or mechanical equipment or communications lines (including telephone, cable, and internet), unauthorized access, and viruses.

9. INDEMNITY

You hereby agree to defend, indemnify, and keep indemnified the Company and its affiliates, their partners, associated service providers, and their subcontractors against any claim or alleged claims, liabilities, losses, damages, and all costs (including attorneys’ fees) arising from the violation of these Terms and Conditions, your inability to use the Services provided by the Website, violation of applicable laws, or violation of rights of another party.  

10. DISCLAIMER

10.1. It is mandatory to use the Company’s platform (Website) and mobile application in order to access Services at all times.

10.2. Your password and any registration or activity that takes place under your account must be kept private at all times. You must keep your account information and password private. If in our reasonable judgment, it is found that you have violated any of the Terms and Conditions mentioned hereinunder, we have the right to disable your account.

10.3. Nothing in the Terms and Conditions is deemed an agency, partnership, or any other corporate or fiduciary relation between you and the Company. Neither party shall be responsible for the act and omission of the other party.

10.4. By using the Company’s Website, you direct us to provide and retrieve information from the third-party institution which maintains your accounts. The said information shall be subject to the privacy settings you have set in such third-party accounts and personally identifiable information you have posted on your third-party accounts.

10.5. The Company does not guarantee the quality of services provided by the tutors; however, all checking and verification of the tutors are and will be carried out to the best of our knowledge.

10.6. The Company provides the services on an as-is and as-available basis. We give no warranty that the service will be free of defects or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.

10.7. The Company reserves the right at all times to remove or refuse to distribute any content on the services, to suspend or terminate users, and to reclaim usernames without liability on you. The Company also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests.

11. CANCELLATION

11.1. In the event a tutor or student chooses to terminate their engagement, the Company will search for and assign a substitute tutor for the student, pending availability. If the Company fails to appoint a suitable replacement, the student will be offered a refund as per the Refund Policy.

11.2. Without prejudice to clause 11.1., we reserve the right to terminate the engagement of services between the tutor and students, for any reason and thereafter assign a new tutor to the student.

11.3. CANCELLATION OF TUITION SESSION BY TUTOR

11.3.1 In the event the student cancels the scheduled session less than two hours before the start of the session or fails to attend the scheduled session, they will be charged the full amount for the same.

11.4. CANCELLATION OF TUITION SESSION BY TUTOR

11.4.1. The Company shall arrange a free session for the student if the tutor cancels a tuition session less than two hours before the appointed time without a valid excuse. The tutor also agrees to pay to the Company the scheduled tuition charge in such a case.

11.4.2 If the tutor terminates his agreement at any point, the Company will try to match the student with another tutor upon request.

12. BILLING AND REFUNDS

12.1. Billing

12.1.1. Through your Account or directly from us, you can get information about tutoring sessions and other Services. Prices for individual sessions and pricing packages will be established periodically and communicated to you.

12.1.2. A student is not allowed to participate in a tutoring session without first setting one up and paying in advance for any packages associated with booked sessions.

12.1.3. All payments shall be for the full value of the invoice, and no deductions from the invoiced amount shall be made to cover bank charges, including international transfer charges or other fees levied in respect of any payment. If we do not receive the full amount of the invoice, such payment shall be deemed incomplete and/or deficient. All packages have a validity period of 1 year from the date of purchase.

12.2. Refund

12.2.1. Students can request a refund concerning any valid, unused, and unallocated portion of a package in their account by completing a refund request form available through the student/customer’s account.

12.2.2. If the student decides to stop availing of the services of the Company within the first three (3) lessons, the Company will refund the remaining fee without any administration charge. However, if a student cancels the booking after three classes, the student will have to pay a admin fee, and the remaining fees will be refunded.

12.2.3. In the event of a breach of contract or Terms and Conditions, the student will not be eligible for a refund. The student will be entitled to a refund of the remaining value in their Account after deducting all charges levied by payment gateways, banks, and internal processing fees incurred by us (included in a 10% service charge on refunds). Once a refund request is submitted, it may take us up to one (1) month starting from the day the request was submitted to assess the amount eligible for refund, and it will take us ten (10) days from confirmation of the amount eligible for a refund to process the refund. All refunds shall be as under our Refund Policy.

13. TERMINATION OF THE CONTRACT

13.1. The Terms and Conditions will continue to apply until terminated by either of the parties as follows.

13.2. You may end your agreement with the Company at any time for any reason by discontinuing your use of the Services.

13.3. The Company may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, the following reasons:

1. Violation of Terms and Conditions or
2. Creation of risk or legal exposure or

iii. Provision of the Services to you is no longer commercially viable.

13.4. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in clause 13.3

14. INTELLECTUAL PROPERTY

Excluding any information you may provide to the Company, you acknowledge that:

14.1. The Website and its contents are protected under the applicable copyright, trademark, and other laws.

14.2. The Website and its contents thereof, and all intellectual property rights therein, are owned by the Company.

14.3. The Company name, logo, and services associated with the Website belong to us or our suppliers or licensors. The Company may grant no right or license to use them by implication, estoppel, or otherwise.

14.4. Neither these Terms and Conditions nor your access to the Website transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein.

14.5. The Company reserves all rights not granted in these Terms and Conditions. There are no implied licenses granted under these Terms and Conditions.

14.6. You may download or print a copy of information provided on the Website or through the Services for your personal, internal, and non-commercial use only.

15. MISCELLANEOUS

15.1. Applicable Law

Any disputes or claims arising out of or in connection with it or its subject matter or formation are governed by and shall be as under the Laws applicable in India. Courts in India will have exclusive jurisdiction to settle any dispute or claim arising from the Terms and Conditions and its subject matter.

15.2. Severance

In the event, any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of these Terms and Conditions will continue in full force and effect.

15.3. Waiver

The parties may waive no clause in the Terms and Conditions except by written agreements. Forbearance or indulgence in any other form by any party concerning any covenant, condition, or undertaking to be kept or performed by the other party shall not constitute a waiver. Until complete satisfaction or performance of all such covenants, conditions, and undertakings, the other party shall be entitled to invoke any remedy available under these Terms, despite any such forbearance or indulgence.

15.4. Communication

You may contact the Company’s Help Desk by sending an email or via phone call to info@zolalearningacademy.in . The Company shall use its commercially reasonable efforts to offer support to you during these times but does not guarantee the Help Desk support to be uninterrupted or that the Company will correct all errors reported.