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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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:

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:

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:

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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).

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.

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.

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.

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.