Learning Couch, LLP (“Learning Couch,” “we,” “us,” “our”) provides its services (described below) to you through its website located at http://learningcouch.in (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change, amend or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last updated. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. All such changes will become effective immediately from the date of publication and have prospective effect only. including changes addressing new functions of the Services or changes made for legal reasons Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Learning Couch on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online marketplace and platform through which Teachers may offer Classes for sale to Parents, for the benefit of their dependent children. While Learning Couch strives to high standards of service, you acknowledge and agree that: (1) Learning Couch is not a party to any agreements entered into between Teachers and Parents (2) Learning Couch only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) Parents contract for classes directly with Teachers (4) Learning Couch is only a facilitator not a broker, nor agent (except as expressly set forth below) or insurer, and (5) Learning Couch disclaims all liability for the conduct of Teachers, Parents, or any other Users of the Site or Classes. Different sections of the Site and Terms of Service affect Teachers and Parents differently, so please be sure to read these Terms of Service carefully.
Key Terms
“User” “you” or “your” means a person, organization or entity using the Services, including Parents and Teachers.
“Parent(s)” means a parent or legal guardian; who completes Learning Couch’s account registration process to purchase Classes on the Site for the purpose of enrolling their dependent child.
“Teacher(s)” means a person who completes Learning Couch’s account registration process to sell Classes on the Site, or an organization that executes an agreement with Learning Couch to sell Classes on the Site.
“Class(es)” means any online class(es) submitted by a Teacher for sale on the Site.
Access and Use of the Service
Services Description:
Learning Couch’s Service is an online marketplace for K-12 classes, designed for Parents to find and book Classes for the benefit of their dependent child or children, and for Teachers to market, sell and conduct their Classes. As the provider of an online marketplace, Learning Couch does not own, create, sell, resell, control, or manage any Classes. Learning couch’s responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Learning Couch strives to provide a safe and healthy environment for its Users, you agree that all of these risks are ultimately borne by you, and not Learning Couch. Learning Couch does not control the behavior of Users or the quality of the Classes. As a result, Learning Couch cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
Your Registration Obligations:
You will be required to register with the Learning Couch in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Learning Couch of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session, when accessing the Service. Learning Couch will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
Learning Couch reserves the right to amend or modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Learning Couch will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that Learning Couch may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Learning Couch’s servers on your behalf. You agree that Learning Couch has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Learning Couch reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Learning Couch reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Class Recordings:
Classes that take place through Learning Couch’s video chat platform are automatically recorded by Learning Couch (“Class Recordings”). We value student and Teacher privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the Teacher providing the Class in question, in order to allow them to (1) provide a viewable copy to students, who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. Please note that in some cases, Classes are taught by a Teacher that is actually an organization, group, or team of instructors. In such cases, Class Recordings may be accessed by the organization, and access would not necessarily be limited to a single individual instructor. In addition, Learning Couch may use Class Recordings to provide feedback to Teachers, to improve our Services, for customer support, and for compliance purposes. Learning Couch retains Class Recordings for six months after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, Learning Couch will also delete Class Recordings earlier than six months under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Learning Couch that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
Certain Teacher Obligations
Marketplace Basics:
As a Teacher, you must provide Learning Couch with any information requested in order for Learning Couch to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. Learning Couch has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Learning Couch has the discretion to edit Class descriptions as needed to conform them to our marketplace standards. Learning Couch has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. Learning Couch may, but is not required to, conduct background checks on and interviews of Teachers at its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
Community Standards:
When you join the Learning Couch community, you agree to follow our policies, including our standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modelling appropriate behaviour for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Learning Couch-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Learning Couch, in its discretion, believes to be un-conducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Learning Couch’s behalf without prior written authorization from Learning Couch; posts that Learning Couch, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or Learning Couch staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Learning Couch’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Learning Couch’s community standards.
Learner Safety:
Each Teacher is required to report to Learning Couch any suspected case of child abuse or neglect they become aware of during their work with Learning Couch students. Learning Couch defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Teachers may also be required to report suspected abuse or neglect to local authorities, and Learning Couch expects all teachers to comply with their individual reporting responsibilities. Learning Couch itself may report instances of suspected abuse or neglect as it deems appropriate.
Teaching School Learners:
From time to time Learning Couch has the opportunity to work with schools across the world to offer educational experiences on the Learning Couch platform to young learners through their school (“School Learners”). When this is the case, applicable law requires that Learning Couch Teachers learn about and familiarize themselves with their obligations under student data and privacy protection laws and the related legally mandated Learning Couch safeguards. Teachers interested in offering their classes to School Learners must therefore complete the Teacher Safety and Privacy training described in Working with School Organizations in the guide. Once a Teacher completes this training, they may offer all of their classes to School Learners in addition to non-School Learners.
Teacher Responsibilities:
Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes, and Learning Couch assumes no responsibility for a Teacher's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You understand and agree that Learning Couch is only a facilitator, not an insurer, agent or employer for you as a Teacher. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Learning Couch is not a party thereto. Notwithstanding the foregoing, Learning Couch is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our fees and charges etc with applicable taxes). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Learning Couch to any third parties. Allowing other Teachers within your organization to view the Class Recordings, however, is permissible.
Teacher is bound to inform Learning Couch 30 days prior to terminating the agreement. In case of failure to do so, teacher’s payment for the previous month will not be made or any future engagement with learning couch will not be made.
To the extent that you are using the Services as a Teacher, you agree to abide by the terms of our guide.
Teacher’s Evaluation:
Teachers will be evaluated for every class through parents feedback and Learning couch’s quality assessment team. If the evaluation is not upto the mark Learning couch has the authority to terminate the agreement with teacher.
Class Demos:
Teachers agree to provide free/paid demos (based on the discussion prior to agreement). These demos will be used for promotional and marketing purposes. These demos will be scheduled with the mutual consent of the teacher and Learning couch at their convenience.
Payment Terms
General:
Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) and taxes etc as set forth on the Site. All Enrollment Fees and taxes etc are payable in the currency specified on the Site at the time of purchase.. Parent hereby authorizes Learning Couch to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Learning Couch know within sixty (60) days from the date Learning Couch charges you.
Teacher Payment:
Learning Couch will transfer the Enrollment Fees to Teacher’s account for each sale of a Class (or set of Classes, as applicable) to a Parent within a reasonable period of time, minus applicable taxes and Learning Couch’s service fees (“Learning Couch Fee”), according to the schedule and policies detailed in our guide. Learning Couch has discretion to act on behalf of the Parent, and not to transfer the Enrollment Fees to Teacher, if Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. Learning Couch will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Learning Couch with respect to a refund shall be final and binding on the Parent and Teacher.
Learning couch will pay 70% of the amount charged from the Parent. The payment will be made within the first week of the month next to the month in which services were offered. The payment amount is calculated on the basis of the number of classes taken by the teacher in the service month.
Limited Payment Collections Agent:
Each Teacher appoints Learning Couch as the Teacher’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parent. Each User agrees that payment of Enrollment Fees by a Parent to Learning Couch, as that Teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Teacher and the Teacher will provide the relevant Classes to the Parent, as outlined on the Site, as if the Teacher had received payment directly. Learning Couch, as limited payment collection agent for the Teacher, agrees to facilitate the payment of any Enrollment Fees (less the applicable taxes and Learning Couch Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between Learning Couch and the Teacher. In the event that Learning Couch does not remit such amounts, the Teacher will have recourse only against Learning Couch.
Conditions of Use
User Conduct:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Learning Couch. Learning Couch reserves the right to investigate and take appropriate legal action against anyone who, in Learning Couch’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Learning Couch, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Learning Couch or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone in violation of our Privacy Policy;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
No Software may be downloaded from the Service or otherwise exported or re-exported in violation of any applicable laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use:
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Learning Couch, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Learning Couch from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Learning Couch, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Learning Couch.
The Learning Couch name and logos are trademarks and service marks of Learning Couch (collectively the “Learning Couch Trademarks”). Other Learning Couch, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Learning Couch. You should not interpret anything in these Terms of Service or the Service to mean that Learning Couch is in any way explicitly or implicitly giving you any license or right to use any of the Learning Couch Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Learning Couch Trademarks is only for Learning Couch’s exclusive benefit.
Third Party Material:
Under no circumstances will Learning Couch be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Learning Couch may, but is not required to, pre-screen content, and Learning Couch and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Learning Couch and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Learning Couch, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Learning Couch does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Learning Couch a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
- with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
- with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Learning Couch to provide you with the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Learning Couch are non-confidential and Learning Couch will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Learning Couch may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Learning Couch, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints:
Learning Couch respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Learning Couch of your infringement claim in accordance with the procedure set forth below. A notification of claimed copyright infringement should be emailed to Learning Couch’s Copyright Agent at support@learningcouch.in (Subject line: copyright infringement or intellectual property Takedown Request”). To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the lo
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address
If a counter-notice is received by the Copyright Agent, Learning Couch will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:
In accordance with the applicable governing law in India, Learning Couch has adopted a policy of terminating, in appropriate circumstances and at Learning Couch's sole discretion, users who are deemed to be repeat infringers. Learning Couch may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Learning Couch has no control over such sites and resources and Learning Couch is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Learning Couch will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Learning Couch is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter or any other social media platform (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Learning Couch’s use, storage and disclosure of information related to you and your use of such services within Learning Couch (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Learning Couch shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Learning Couch is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Learning Couch is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Learning Couch enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Learning Couch and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these terms of service or violation of any governing law in India, which says. “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Learning Couch EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Learning Couch MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY Learning Couch ON TEACHERS ARE SOLELY FOR ITS OWN BENEFIT. Learning Couch MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Learning Couch WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Learning Couch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF 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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Learning Couch’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Learning Couch IN THE LAST SIX (6) MONTHS, OR, INR 50,000 (FIFTY THOUSAND ONLY) WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM ANY OTHER COUNTRY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS APPLICABLE TO YOUR COUNTRY OF RESIDENCE ALONG WITH APPLICABLE GOVERNING LAW IN INDIA. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER ANY LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. THE INDIAN LAW WILLS SUPERSEDE ANY OTHER LAW OF OTHER COUNTRY.
Dispute Resolution by Binding Arbitration:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate:
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Learning Couch, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into this Terms of Service, you and Learning Couch are each waiving the right to a trial by any court or jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Indian Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief:
YOU AND Learning Couch AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Learning Couch AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution:
Learning Couch is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@learningcouch.in. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Learning Couch should be sent to email ID The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Learning Couch and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Learning Couch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Learning Couch or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Learning Couch is entitled.
Arbitration Procedure
The Indian Arbitration Act and rules framed thereunder will follow. All the applicable governing laws of India shall only apply. The dispute will be referred to a sole arbitrator, duly appointed by Learning Couch. The arbitrator seat will be in Raipur, Chhattisgarh, India. The arbitration proceeding will be in English only. The Arbitrator decision will be final and binding to the parties.
Confidentiality:
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability:
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement:
Notwithstanding any provision in this Terms of Service to the contrary, Learning Couch agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Learning Couch written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Learning Couch, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Learning Couch believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Learning Couch may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Learning Couch may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Learning Couch will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Learning Couch will have no liability or responsibility with respect thereto.
Learning Couch reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Learning Couch and govern your use of the Service, superseding any prior agreements between you and Learning Couch with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of Learning Couch to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Learning Couch, but Learning Couch may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At Learning Couch, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Questions? Concerns? Suggestions?
Please contact us at support@learningcouch.in to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
