Effective Date: 19th January 2026
Introduction
TutorExel LLP, a limited liability partnership registered under the laws of India (hereinafter referred to as “TutorExel”, “we”, “us”, or “our”), provides online educational services including live online tutoring classes for English and Mathematics, co-curricular online activities, NAPLAN bootcamp programs (live and self-study), doubt-clearing sessions, assessments, quizzes, recorded sessions, and related learning material (the “Services”).
The Services are accessible through www.tutorexel.com and any other websites through which TutorExel makes the Services available (collectively, the “Site”), and through TutorExel’s white-labelled learning platform and one or more third-party learning management systems, video-conferencing platforms, and related technologies (collectively, the “Applications”).
By accessing or using the Site, Applications, or Services, or by downloading, accessing, or posting any content from or on the Site via the Applications, you indicate that you have read, understood, and agree to be bound by these terms and to receive the Services (“Terms of Service” or “Terms”), whether or not you have registered on the Site or Applications.
By clicking “I Agree”, “Submit”, “Enroll”, “Pay Now”, or by otherwise accessing or using the Site, Applications, or Services, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, the Privacy Policy, and all other applicable policies of TutorExel.
If you do not agree to these Terms, you must immediately discontinue access to and use of the Site, Applications, and Services.
Therefore, you are requested to carefully read these Terms of Service before accessing or using the Site, Applications, or Services, or downloading or posting any content from or on the Site through the Applications or Services, as these Terms contain important information regarding your legal rights, remedies, responsibilities, and obligations.
If you do not agree to these Terms, then you have no right to access or use the Site, Applications, Services, or Collective Content (as defined below).
If you are accessing or using the Site, Applications, or Services, these Terms of Service shall constitute a binding legal agreement between you and TutorExel.
Definitions
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalised terms wherever used in these Terms shall have the meanings ascribed to them below:
- “Courses” means educational courses, programs, and learning modules offered by TutorExel through the Site or Applications, including live online classes, co-curricular activities, and NAPLAN bootcamp programs.
- “Course Fees” means the amounts payable by a Parent or Guardian for enrolment of a Student in a Course.
- “Collective Content” means TutorExel Content and Member Content collectively.
- “Content” means text, graphics, images, worksheets, assessments, quizzes, software (excluding the Applications), audio, video, recordings, information, or other materials made available through the Site, Applications, or Services.
- “Member” means a person who completes TutorExel’s account registration process, including but not limited to Parents or Guardians enrolling Students, as described under “Account Registration” below.
- “Member Content” means all Content that a Member posts, uploads, submits, transmits, or otherwise makes available through the Site, Applications, or Services.
- “Payment Method” means a payment method used for Course Fees, including Razorpay, bank transfer, or any other payment mode approved by TutorExel.
- “Student” means a minor enrolled in a Course, and where the Student is a minor, references to the Student shall include the Parent or Guardian enrolling such Student.
- “Tax” or “Taxes” means any goods and services tax (GST), value-added tax, sales tax, service tax, or other indirect or withholding taxes that TutorExel may be required by law to collect and remit to governmental authorities.
- “TutorExel Content” means all Content that TutorExel makes available through the Site, Applications, Services, or official TutorExel communication channels, including Content licensed from third parties, but excluding Member Content.
Terms of Service
TutorExel believes that every user of its Site, Applications, and Services must be in a position to provide informed consent prior to providing any information required for use of the Site, Applications, or Services.
By registering with TutorExel, you expressly consent to TutorExel’s collection, processing, storage, disclosure, and handling of your information, including personal information of the Student, in accordance with TutorExel’s Privacy Policy, as amended from time to time.
Processing of such information may include collecting, storing, using, sharing, transferring, and disclosing information, all of which activities shall take place in India. If you reside outside India, you acknowledge and agree that your information will be transferred to, processed, and stored in India in accordance with applicable Indian data protection laws.
You further grant TutorExel consent to use anonymised academic information, feedback, testimonials, first name, grade level, and non-sensitive performance indicators for academic reporting, service improvement, advertising, and promotional purposes across TutorExel’s platforms and communication channels.
By using the Site, Applications, or Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered Member. These Terms govern your access to and use of the Site, Applications, Services, and all Collective Content and constitute a binding legal agreement between you and TutorExel.
You further expressly authorise TutorExel to contact you through calls, SMS, email, WhatsApp, and platform notifications for providing Services and for sharing information about existing or new offerings, and such consent shall override any registration under NDNC or DND regulations, to the extent permitted by law.
In addition, certain areas of the Site or Applications, or certain Services, may be subject to additional terms, guidelines, or policies. In the event of a conflict between these Terms and any additional terms applicable to a specific Service, the additional terms shall prevail with respect to that Service.
If you do not agree to these Terms, you have no right to obtain information from or continue using the Site, Applications, or Services. Any use in violation of these Terms may subject you to civil and criminal liability under applicable laws.
Platform Nature
The Site, Applications, and Services together comprise an online educational platform through which Students may learn about and enrol in Courses offered directly by TutorExel.
TutorExel may rely on third-party platforms including video-conferencing tools, learning management systems, payment gateways, and communication services.
TutorExel does not control and shall not be liable for outages, data loss, security breaches, or service interruptions attributable to such third-party platforms.
TutorExel provides the Courses end-to-end and is not responsible for compliance by Members with any agreements with third parties, or with laws and regulations outside TutorExel’s reasonable control. TutorExel reserves the right, at any time and without prior notice, to suspend or disable access to the Site, Applications, or Services for any reason it considers objectionable, unlawful, or in violation of these Terms.
Eligibility
Use of the Site, Applications, and Services is available only to persons who can form legally binding contracts under Indian law.
The Services are intended solely for Students below eighteen (18) years of age, who must be enrolled exclusively by their Parent or legal Guardian. Any access or use of the Site, Applications, or Services by a minor without valid parental authorisation is expressly prohibited.
By registering an account or enrolling a Student, the Parent or Guardian represents and warrants that:
- they are at least eighteen (18) years of age;
- they are legally competent to enter into binding contracts under Indian law; and
- they have full legal authority to enrol the Student and accept these Terms on the Student’s behalf.
TutorExel reserves the right to suspend or terminate any account where age, authority, or identity information is found to be false, misleading, or fraudulent, without refund or liability.
By accessing or using the Site, Applications, or Services, the Parent or Guardian represents and warrants that they are legally competent and authorised to accept these Terms on behalf of the Student.
Usage of Site, Applications, or Services
The Site, Applications, and Services may be used to facilitate enrolment in Courses offered by TutorExel. You may browse the Site as an unregistered visitor; however, to enrol in any Course or access restricted features, you must register and create a TutorExel account.
TutorExel’s responsibilities are limited to making the Courses available through the Site and Applications, unless expressly stated otherwise.
Account Registration
TutorExel shall create and make available various online Courses through the Site and Applications. Details of each Course, including but not limited to subject matter, grade level, number of sessions, mode of delivery, class schedules, pricing, and applicable academic or financial rules, shall be displayed on the Site or communicated to the Parent or Guardian at the time of enrolment.
Courses may be offered through TutorExel’s own platform or through third-party learning management systems and video-conferencing tools selected by TutorExel. TutorExel reserves the right to modify Course structure, schedules, content, instructors, or delivery mechanisms at its discretion for academic, operational, or technical reasons, without creating any entitlement to refund except as expressly stated in the applicable refund policy.
TutorExel does not assume responsibility for a Student’s compliance with obligations imposed by third parties, including internet service providers, hardware or software vendors, or external platforms used to access the Services.
TutorExel further reserves the right, at any time and without prior notice, to suspend or disable access to the Platform or Services for any Student or Member whose conduct is deemed objectionable, unlawful, disruptive, or in violation of these Terms or TutorExel’s internal standards.
Instructor Relationship and Independent Status
All instructors engaged by TutorExel for the delivery of Courses are engaged as independent contractors or service providers. Nothing in these Terms shall be deemed to create an employer-employee relationship, agency, partnership, joint venture, or fiduciary relationship between TutorExel and any instructor.
Instructors act exclusively on their own behalf and not as agents of TutorExel. TutorExel does not control instructors’ conduct outside the scope of delivering online classes through the Platform and shall not be responsible for any offline or unauthorised interactions.
Instructors are expressly prohibited from representing themselves as partners, agents, or authorised representatives of TutorExel beyond the scope of Services delivered through the Platform, or from using TutorExel’s intellectual property without authorisation.
Enrolment Requirements
When enrolling in a Course, the Parent or Guardian may be required to provide or verify certain information, including contact details, Student details, and platform access credentials. Failure to provide accurate or complete information may result in delay, suspension, or cancellation of enrolment.
TutorExel reserves the right to deny or cancel enrolment where eligibility requirements are not met or where enrolment information is found to be inaccurate or misleading.
No Endorsement
By using the Site, Applications, or Services, you acknowledge and agree that TutorExel does not endorse, guarantee, or assume responsibility for the actions or omissions of any other Member, Student, instructor, or third party.
Any legal remedy or liability arising from the actions or omissions of other Members or third parties shall be limited solely to a claim against the person or entity responsible for such actions or omissions. You expressly agree not to seek to impose liability on TutorExel for such matters.
Payment Terms
If an enrolment request is made for any Course through the Site, Applications, or otherwise communicated channels, TutorExel shall either confirm, reject, or place such request on hold within a reasonable period. Where enrolment is not confirmed, any amount collected shall be refunded in accordance with TutorExel’s Refund and Cancellation Policy.
Course Fees payable shall be clearly communicated to the Parent or Guardian prior to enrolment confirmation. TutorExel may collect Course Fees on a monthly subscription basis, one-time basis, or otherwise as specified for the relevant Course.
Payments may be made through authorised payment gateways such as Razorpay or through direct bank transfer as specified on the invoice. TutorExel does not store or process card or banking credentials directly.
Access to Courses, recorded sessions, learning materials, or platform credentials shall be provided only after successful receipt and verification of payment.
TutorExel reserves the right to suspend or restrict access to Services where payments are reversed, disputed, delayed, or charged back.
Invoices and Taxes
TutorExel shall issue system-generated invoices for Course Fees paid, inclusive of applicable Taxes, in accordance with Indian law. Parents or Guardians are responsible for ensuring the accuracy of billing details provided.
Any statutory taxes, including goods and services tax (GST), shall be levied as applicable at the prevailing rates.
Payment Confirmation
Upon successful confirmation of enrolment and receipt of payment, TutorExel shall issue a confirmation through email, WhatsApp, or platform notification summarising the enrolment details.
Access to the Platform and Services shall be provided only after successful verification of payment.
Cancellations and Refunds
All refunds, cancellations, and withdrawals are governed strictly by TutorExel’s Refund and Cancellation Policy, which forms an integral part of these Terms.
No oral representations, messages, or assurances made by sales, academic, or support staff shall modify or override the written refund policy.
If, as a Student (through the Parent or Guardian), you wish to cancel a confirmed enrolment made through the Site, Applications, or Services after enrolment in a Course, the cancellation and refund policy applicable to such Course shall apply. No refund shall be made in respect of any classes, sessions, or learning material already provided or accessed.
TutorExel’s ability to refund Course Fees or any other amounts charged shall depend strictly upon the terms of the applicable Refund and Cancellation Policy, the nature of the Course (live classes, co-curricular activities, NAPLAN bootcamp live, or NAPLAN self-study), and the stage at which cancellation is requested. Details regarding refunds and cancellations are made available on the Site, Applications, or through official communication channels, and Parents or Guardians are advised to review the same carefully before enrolment.
Any refunds determined to be eligible shall be initiated by TutorExel in accordance with its payment processing timelines and methods. TutorExel does not guarantee immediate processing of refunds and shall not be responsible for delays caused by banking systems, payment gateways, or third-party processors.
If TutorExel cancels a confirmed enrolment for any Course, TutorExel shall refund the Course Fees paid for such enrolment, subject to verification and adjustment, and such refund shall not exceed the total amount actually paid by the Parent or Guardian for the relevant Course.
Taxes
You understand and acknowledge that applicable governmental authorities may require TutorExel to collect Taxes on the Course Fees paid for Services and remit such Taxes to the appropriate tax authorities.
Tax laws and requirements may vary based on jurisdiction, and such Taxes may be levied as a percentage of the Course Fees or otherwise as required under applicable law. All Course Fees displayed or communicated may be exclusive or inclusive of Taxes as specified, and any applicable Taxes shall be borne by the Parent or Guardian.
TutorExel shall issue system-generated invoices in accordance with Indian tax laws, inclusive of applicable Goods and Services Tax (GST) or other statutory levies.
User Conduct
You understand and agree that you are solely responsible for compliance with all applicable laws, rules, regulations, and tax obligations in connection with your use of the Site, Applications, Services, and Collective Content.
In connection with your use of the Site, Applications, Services, or Collective Content, you agree that you shall not, directly or indirectly:
- violate any local, state, national, or international law, regulation, or court order, including tax regulations;
- use any manual or automated means, including scripts, bots, crawlers, or scraping tools, to access, extract, or misuse any part of the Platform;
- access, use, or expose TutorExel Content in a manner inconsistent with these Terms, TutorExel’s Privacy Policy, or the rights of other users;
- use the Platform or Services for any unauthorised commercial purpose or in a manner that falsely implies endorsement, partnership, or affiliation with TutorExel;
- dilute, tarnish, or harm the TutorExel brand, including misuse of trademarks, trade names, domain names, or confusingly similar identifiers;
- copy, store, distribute, or otherwise access any Content except as expressly permitted under these Terms;
- infringe the intellectual property, privacy, contractual, or other legal rights of TutorExel or any third party;
- interfere with or damage the Site, Applications, or Services through malicious code, denial-of-service attacks, or similar means;
- transmit or submit personal information of others without proper authorisation;
- engage in unsolicited communications, spam, or unauthorised promotions through the Platform;
- harass, stalk, abuse, or collect personal information of any other user beyond legitimate educational purposes;
- create more than one account for the same Student or register an account on behalf of another person without authorisation;
- solicit users for third-party services competitive with TutorExel without written approval;
- impersonate any person or entity or misrepresent affiliation;
- circumvent TutorExel’s payment mechanisms or make payments outside authorised channels;
- post, upload, or transmit any content that is unlawful, misleading, abusive, obscene, discriminatory, violent, or otherwise objectionable;
- systematically extract data to create databases or compilations;
- attempt to access non-public areas of the Platform or breach security measures;
- reverse engineer, decompile, or attempt to derive source code of any software used by TutorExel;
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any violation of this section constitutes a material breach of these Terms.
TutorExel reserves the right to investigate and take appropriate action, including suspension or termination of accounts, without refund, and to pursue remedies available under law.
Monitoring, Access, and Disclosure
TutorExel may access, preserve, and disclose any information relating to Members or Students if required by law or if TutorExel reasonably believes such action is necessary to:
- (i) comply with legal processes or governmental requests;
- (ii) enforce or administer these Terms or related policies;
- (iii) prevent fraud, abuse, or security risks;
- (iv) protect the rights, property, or safety of TutorExel, its users, or the public.
You acknowledge that TutorExel has no obligation to monitor user activity or review Member Content but retains the right to do so for operational, compliance, security, or investigative purposes.
TutorExel reserves the right, at any time and without prior notice, to remove or disable access to any Content or account that it considers objectionable, unlawful, or harmful to the Platform or Services.
Child Safety Policy
This Child Safety Policy applies to all persons and organisations associated with TutorExel, including:
- employees, instructors, consultants, and contractors of TutorExel;
- partner organisations or service providers engaged by TutorExel;
- students enrolled with TutorExel and their parents or guardians;
- prospective students reached through marketing or sales activities;
- any other persons or entities officially associated with TutorExel’s activities.
TutorExel is committed to maintaining a safe and respectful online learning environment for children. However, in instances where TutorExel does not have direct control over the person alleged to have engaged in inappropriate conduct, including cases of child abuse, TutorExel shall provide reasonable cooperation and assistance to parents or guardians in approaching appropriate legal authorities, without assuming personal liability for such acts.
Expected Behaviour
All associated persons are expected to:
- listen to children respectfully and without judgment;
- treat all children with dignity and empathy, without discrimination;
- use appropriate language and behaviour in all interactions, including online communications;
- create a safe environment that enables children to express themselves;
- obtain written parental consent before capturing or using any images or videos of children;
- keep personal information of children and guardians confidential;
- ensure all educational content is age-appropriate and culturally appropriate.
Prohibited Behaviour
No person associated with TutorExel shall:
- engage in or support emotional, physical, sexual, or online abuse of children;
- use or encourage use of alcohol, drugs, or intoxicants in interactions with children;
- develop exploitative personal or financial relationships with children;
- share inappropriate, pornographic, violent, or harmful content;
- use language or behaviour that is abusive, intimidating, discriminatory, or sexually inappropriate.
Reporting Misconduct
Any person who becomes aware of inappropriate conduct involving a child is encouraged to report the matter to appropriate authorities and thereafter notify TutorExel with relevant details. Such reporting does not obligate TutorExel to take action beyond what is required under applicable law, nor does it create liability on TutorExel’s part.
Privacy
In order to provide the Services to you, TutorExel collects certain personal information of Parents, Guardians, and Students. The collection, use, storage, processing, and disclosure of such personal information is governed by TutorExel’s Privacy Policy, which forms an integral part of these Terms. Parents or Guardians are advised to carefully review the Privacy Policy before using the Site, Applications, or Services.
By accessing or using the Site, Applications, or Services, you expressly consent to the processing of personal information in accordance with TutorExel’s Privacy Policy, as may be amended from time to time. Such processing may include, without limitation, collection, storage, use, sharing, transfer, and disclosure of information, and all such processing shall take place in India in accordance with applicable Indian laws.
You agree that TutorExel may disclose personal information provided to it, including information entered on the Site or Applications, if required to do so by law, regulation, court order, governmental request, or as otherwise permitted under the Privacy Policy.
As the Services are primarily offered to minor Students, enrolment and account creation must be carried out by a Parent or Guardian who is legally competent to contract. You are responsible for maintaining the confidentiality of your account credentials and for preventing unauthorised access to your account. TutorExel shall not be liable for any loss or damage arising from unauthorised use of your account.
TutorExel retains personal data only for as long as necessary to provide Services, comply with legal obligations, resolve disputes, and enforce agreements.
Parents or Guardians may request access, correction, or deletion of personal data in accordance with applicable law by contacting TutorExel through official channels.
Intellectual Property Ownership and Rights Notices
The Site, Applications, Services, and all Collective Content are protected under applicable copyright, trademark, and other intellectual property laws of India. You acknowledge and agree that the Site, Applications, Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of TutorExel LLP and/or its licensors.
You shall not remove, alter, obscure, or misuse any copyright, trademark, service mark, or other proprietary notices incorporated in or accompanying the Site, Applications, Services, or Collective Content.
All trademarks, service marks, logos, trade names, and proprietary designations of TutorExel used in connection with the Site, Applications, Services, or TutorExel Content are trademarks or registered trademarks of TutorExel in India and other jurisdictions, where applicable. Any third-party trademarks appearing on the Platform are used solely for identification purposes and remain the property of their respective owners.
As a Member, you acknowledge and agree that you are bound by any additional guidelines, policies, or rules applicable to your use of the Site, Applications, Services, or Collective Content, including TutorExel’s branding and usage guidelines, as updated from time to time.
Additional Terms
TutorExel offers multiple products and Services, including but not limited to live academic tutoring, co-curricular programs, and NAPLAN bootcamp offerings. Certain products, features, or Services may be subject to additional terms, conditions, or requirements.
Where such additional terms apply, they shall be deemed to form part of these Terms and shall govern your use of the relevant product or Service. In the event of any conflict, the additional terms applicable to the specific Service shall prevail to the extent of such conflict.
Application License
Subject to your compliance with these Terms, TutorExel grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site or Applications on devices owned or controlled by you, solely for your personal, non-commercial use in connection with the Services.
This license does not permit you to copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the Site or Applications, except as expressly permitted under these Terms.
TutorExel Content and Member Content License
Subject to your compliance with these Terms, TutorExel grants you a limited, non-exclusive, non-transferable license to access and view TutorExel Content solely for personal, non-commercial educational purposes.
You may access and view Member Content only to the extent permitted by the Platform and these Terms. You shall not sublicense, redistribute, or commercially exploit any such Content.
Except as expressly permitted, you shall not copy, adapt, modify, prepare derivative works of, distribute, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Site, Applications, Services, or Collective Content. No rights or licenses are granted by implication or otherwise.
Member Content
TutorExel may, at its sole discretion, permit Members to post, upload, submit, or transmit content, including feedback, comments, or testimonials (“Member Content”).
By making any Member Content available through the Site, Applications, Services, or TutorExel promotional channels, you grant TutorExel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, display, perform, publish, transmit, and otherwise exploit such Member Content for the purpose of operating, promoting, and marketing the Services.
TutorExel does not claim ownership of Member Content. However, you acknowledge that TutorExel’s use of such content may continue even after termination of your account or these Terms.
You represent and warrant that:
- (i) you own or have all necessary rights, consents, and permissions to grant the above license; and
- (ii) the Member Content and its use by TutorExel will not infringe any third-party rights or violate any applicable law.
You are solely responsible for all Member Content you provide.
Hyperlinks
The Site and Applications may contain links to third-party websites or resources. You acknowledge and agree that TutorExel is not responsible or liable for the availability, accuracy, content, products, or services of such third-party websites or resources.
The inclusion of any such link does not imply endorsement by TutorExel. You access such third-party resources entirely at your own risk.
Feedback
TutorExel welcomes feedback, comments, and suggestions regarding the Services (“Feedback”). By providing Feedback, you agree that such Feedback shall be the sole and exclusive property of TutorExel.
You hereby irrevocably assign to TutorExel all rights, title, and interest in and to such Feedback, including all intellectual property rights, and waive any moral rights therein. TutorExel may use Feedback without restriction or obligation to you.
Copyright Policy
TutorExel respects intellectual property rights and expects users to do the same. TutorExel reserves the right to suspend or terminate accounts of users who repeatedly infringe or are reasonably believed to be infringing the copyright or other intellectual property rights of others.
If you believe any Content infringes your intellectual property rights, you may notify TutorExel with sufficient details to identify the material. TutorExel may remove or disable access to such Content without prior notice.
Term and Termination, Suspension and Other Measures
Term
These Terms shall remain effective for as long as you access or use the Site, Applications, or Services, unless terminated by you or TutorExel in accordance with these Terms.
Termination for Convenience
You may terminate your account at any time by written communication to TutorExel. Upon termination, any active enrolments shall be cancelled, and refunds, if any, shall be governed strictly by the applicable refund policy.
TutorExel may terminate these Terms for convenience by providing notice through registered communication channels.
Termination for Breach, Suspension, and Other Measures
TutorExel may immediately terminate or suspend access to the Site, Applications, or Services without notice if:
- (i) you breach these Terms or related policies;
- (ii) you provide inaccurate, fraudulent, or incomplete information;
- (iii) you violate applicable laws or third-party rights; or
- (iv) TutorExel reasonably believes such action is necessary to protect its interests, users, or the public.
TutorExel may also restrict access, cancel enrolments, or suspend accounts temporarily or permanently where deemed necessary.
Where appropriate and feasible, TutorExel may provide an opportunity to cure non-material breaches.
Consequences of Termination
Upon termination:
- TutorExel may cancel enrolments and notify affected Students or Parents;
- refunds, if any, shall be governed solely by the refund policy;
- you shall not be entitled to compensation for cancelled enrolments;
- TutorExel is not obligated to delete or return Member Content;
- you may not re-register or access the Services through alternate accounts.
Survival
If you or TutorExel terminate this Agreement, the clauses of these Terms which by their nature are intended to survive termination, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution, shall remain in full force and effect.
Disclaimers
If you choose to access or use the Site, Applications, Services, or Collective Content, you do so entirely at your own risk. You acknowledge and agree that TutorExel does not have an obligation to conduct background, credential, or character checks on any Member, instructor, or user of the Platform, though TutorExel may, at its sole discretion and to the extent permitted by applicable law, conduct such checks.
If TutorExel elects to conduct any background or verification checks, TutorExel expressly disclaims any warranties, whether express or implied, that such checks will identify prior misconduct or guarantee that any user will not engage in misconduct in the future.
The Site, Applications, Services, and Collective Content are provided on an “as is” and “as available” basis, without warranty of any kind, whether express or implied. Without limiting the foregoing, TutorExel expressly disclaims all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
TutorExel does not warrant that the Site, Applications, Services, or Collective Content, including but not limited to any Courses, classes, instructors, Students, learning outcomes, or educational materials, will meet your requirements or be uninterrupted, timely, secure, or error-free. TutorExel makes no representations or warranties regarding the quality, accuracy, completeness, reliability, or suitability of any Services or Content provided.
No advice or information, whether oral or written, obtained from TutorExel or through the Site, Applications, Services, or Collective Content shall create any warranty not expressly stated in these Terms.
You are solely responsible for all communications and interactions with other users of the Site, Applications, or Services, including instructors, Students, Parents, or Guardians. TutorExel does not verify statements made by users or independently review the conduct of any Course or interaction. TutorExel expressly disclaims all liability for any act or omission of any Student, instructor, Parent, Guardian, or other third party.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of the Site, Applications, Services, and Collective Content, your enrolment in any Course, and any interactions with other users, whether online or offline, remains solely with you.
Neither TutorExel LLP nor any person or entity involved in creating, producing, or delivering the Site, Applications, Services, or Collective Content shall be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute services, or for any personal injury, emotional distress, or other damages arising out of or in connection with these Terms.
This limitation applies regardless of the legal theory under which such liability is asserted, whether in contract, tort (including negligence), strict liability, or otherwise, and even if TutorExel has been advised of the possibility of such damages, or if a limited remedy is found to have failed of its essential purpose.
In no event shall TutorExel’s aggregate liability arising out of or in connection with these Terms, the Services, or any Course enrolment exceed the total amount of Course Fees paid or payable by you to TutorExel in the three (3) months immediately preceding the event giving rise to such liability.
You acknowledge that these limitations of liability are fundamental elements of the basis of the bargain between you and TutorExel.
Indemnification
You agree to release, defend, indemnify, and hold harmless TutorExel LLP, its affiliates, partners, officers, employees, instructors, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
- your access to or use of the Site, Applications, Services, or Collective Content;
- your violation of these Terms or any applicable law;
- your Member Content;
- your interaction with any other Member, Student, instructor, Parent, or Guardian; or
- your enrolment in, participation in, or attendance of any Course.
Entire Agreement
Except as supplemented by additional TutorExel policies, guidelines, standards, or terms applicable to specific products or Services, these Terms constitute the entire and exclusive agreement between you and TutorExel concerning the Site, Applications, Services, and Collective Content, and supersede all prior or contemporaneous oral or written agreements or understandings relating thereto.
Notices
Any notices or communications permitted or required under these Terms shall be in writing and may be provided by TutorExel by:
- email to the registered email address provided by you; or
- posting such notice on the Site or through the Applications.
Notices sent by email shall be deemed received on the date of transmission.
Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
You and TutorExel agree that any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad, India, for matters where injunctive or equitable relief is sought.
Any dispute, claim, or controversy arising out of or relating to these Terms, including their interpretation or applicability, shall be finally resolved by arbitration in India in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Ahmedabad, India, and the proceedings shall be conducted in the English language. The arbitral award shall be final and binding.
Each party shall bear its own legal costs, and arbitration costs shall be shared equally unless otherwise directed by the arbitrator in the final award.
No Waiver
The failure of TutorExel to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver shall be effective only if made in writing and signed by an authorised representative of TutorExel. The exercise of any remedy shall not preclude the exercise of any other remedy available under law or these Terms.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Miscellaneous
Force Majeure
TutorExel shall not be liable for failure or delay in performance of Services due to events beyond its reasonable control, including but not limited to acts of God, pandemics, governmental actions, internet outages, power failures, platform disruptions, strikes, natural disasters, or failures of third-party service providers.
No refunds or compensation shall be payable for interruptions caused by such events.
You may not assign or transfer these Terms without TutorExel’s prior written consent. TutorExel may assign or transfer these Terms without restriction. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
TutorExel reserves the right to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice, and shall not be liable for any such modification or discontinuation. It is your responsibility to review these Terms periodically for updates.
TutorExel does not guarantee academic outcomes, examination results, grades, rankings, or performance improvements. Educational outcomes depend on multiple factors including student effort, attendance, and individual ability.
Classes may be recorded for quality assurance, training, academic review, or student revision purposes. By enrolling, Parents or Guardians consent to such recordings, provided they are used in accordance with TutorExel’s Privacy Policy.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Services or Content without express written permission from TutorExel.
Nothing in these Terms shall be construed as creating any partnership, agency, employment, or joint venture relationship between TutorExel and any user or instructor.
TutorExel reserves the right to refuse access to the Site or Applications, or to suspend or terminate accounts, where any information or conduct violates these Terms or applicable law.