Terms and Conditions

Introduction

1. Welcome to EDFLIK.com (hereinafter referred to as "EDFLIK" or the "Platform"). EdFlik, (the “Company”) owns and operates an online Platform (defined below), including its Website, Applications or Services, that allows Students to find Providers offering online classes or courses for any category they wish to learn. It also allows Providers to engage or interact with Students registered on the Platform and avail of benefits as announced by the Platform. The “Platform” includes but is not limited to the Website i.e. https://www.EdFlik.com, applications designed for mobile operating systems including but not limited to Android, iOS and any other websites, applications or Services launched by the Company. By accessing or using the Platform through its Website, Application or Services or by downloading or posting any content from or on the Website, or using the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Platform. Therefore, please read these Terms of Services before accessing or using the Website, Application or Services or downloading or posting any content from or on the Website, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not agree to these Terms, then you have no right to access or use the Platform, Website, Applications or its Services. If you are using the Platform, Website, Application or Services then these Terms of Service are binding between you and the Company. These Terms of Use govern your use of the EDFLIK website and services. By accessing or using the Platform, you agree to comply with these Terms of Use.

Definitions

1. "Platform" refers to the website EDFLIK.com.
2. "User" refers to any person who accesses or uses the Platform.
3. "Provider" means a Member who has registered on the Platform as a Tutor or an Institute, with the objective of teaching students online. All Providers are required to agree to the Terms listed in this document.
4. “Student” means a Member who has registered on the Platform as a Student. In case of a minor student, this term refers to the parent or guardian who registers their child or ward as a Student.

Terms of Service:

1. Terms applicable to all users: Subject to the User’s compliance with the terms hereof, the Company hereby grants to each User a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling the User to use and enjoy the benefit of Services, in the manner permitted by these terms. The User shall not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless local laws prohibit those restrictions, or you have the prior written permission from the Company. No User shall:
   • use the Services except to the extent permitted above;
   • modify or create any derivative work of any part of the Services;
   • permit any third parties to use the Services; or
   • market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services
2. This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform as a Student or a Provider. Persons below the age of eighteen (18) shall not be entitled to use the Platform unless such use is through the User account of a parent or a legal guardian. In such a case, “Student” as referred to herein refers to the concerned parent or legal guardian (as the case maybe). By using the Services, each User grants the Company a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of the data shared by a User solely in order to enable the User to use the Services. The Company shall have the right to aggregate and anonymize User data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies. Each User registering on the Platform represents, warrants and undertakes to the Company that all information that has been uploaded by the User on the Platform is true, complete and accurate. Each User of the Platform agrees and acknowledges the following:
   • The Company provides a variety of forums for you to express yourself in the form of content such as but not limited to blogs, comments, reviews and photographs. You truthfully assert that the content being contributed is yours and that you own the copyright to the content published by you on the Platform.
   • The Company at its sole discretion may edit, delete or block access to any Content including member posted content, without notice and without liability. The Company will however make reasonable efforts to inform you of the changes.
   • If you are a visitor on our website and if you update any personal contact information such as phone number or e-mail address, the Company reserves the right to contact you using Phone calls, SMS or Email.
   • Collection of screen names and email addresses of members for purposes of advertisement, solicitation or spam is strictly prohibited.
3. Terms applicable to students engaging with any Provider:
   • This agreement between you and the Company may be terminated by either you or the Company at any time in the event of any misconduct or upon the occurrence of a Force Majeure.
   • You agree and acknowledge that the Company is only an aggregator of service providers that the Company owns and operates a Platform for the students and /or their parents or guardians to connect with prospective providers and enrol for their classes. The Company shall not, in any manner whatsoever, be held liable or responsible for any matters in connection with the provision of the Service itself during an online session (as the case maybe). While the Company does follow a screening process to ensure that the Providers are qualified to provide the Service, the Company makes no representation or undertakes no responsibility with respect to the proficiency, qualification, skills or conduct of any provider. You may use the Service at your own risk and responsibility after going through the provider details and class information listed for each class.
   • You agree and acknowledge that the Company has no control over the fee charged by a particular Provider for the services provided, or any change in such fee.
   • You agree and understand that these terms and conditions are legally binding and enforceable against you. Please do not use this Website if any of the terms set out herein is not acceptable to you. You shall indemnify and hold harmless the Company from any and all expenses that may be incurred by it as a result of your breach of any of the obligations set out hereunder.
   • Students and Parents / Guardians agree to abide by the rules and guidelines set forth by the Provider.
4. Terms applicable to students engaging with partner providers:
   • Following terms are applicable to you as a Student in case you engage with any Provider on the Platform.
   • You agree not to enter into any financial transaction directly with a Provider without using Payment Links present on the platform. All financial transactions with respect to the provision of the Services shall be made only through the Platform. The Company shall not be bound by any obligation undertaken by it hereunder, if a student interacts with a Provider using any communication channel that is not hosted on the Platform. You agree and acknowledge that no relief in form of refunds, cancellation or otherwise can be provided by the Company to you in cases where you paid the Provider directly without using the Payment process present on the Platform.
   • In case you opt for attending online classes with any Provider, you agree to attend such classes with Providers only on the Platform. You understand that the Company won’t have any liability for the classes scheduled or attended outside the Platform with any Provider.
   • Once the Provider and you have agreed on a class schedule and you have made the payment for classes, if you fail to complete the agreed number of classes/course following a mutually agreed timetable within 6 months from the date of last payment made through the Platform OR 6 months from the date of last class conducted by the Provider on the Platform (whichever is later), neither the Provider nor the Company shall be liable to deliver the classes to you. In such cases any fees remaining in balance will be considered as forfeited by you to the Platform. The Platform reserves the right to claim 100% of the forfeited amount as ‘Breakage’ Revenue.
   • In case you are not satisfied with the provider, you can request a 100% free replacement of the Tutor against the same requirement or any future requirement you may have if such a request is made within 90 days of making the payment. The replacement will be offered only for the ‘pending fees’ remaining with the Platform which will be calculated as (Total fees paid by the student - Total fees settled with the tutor hired earlier). In case there is a difference in the ‘required fees’ i.e. the amount required by the replacement tutor and the ‘pending fees’, you agree to pay the difference using the payment link sent by the replacement tutor. Additionally, you can also ask for a refund of the remaining fees within 30 days of the scheduled last class. Please note that no refunds can be processed after 30 days of making the payment or 30 days after the last class conducted by the provider, whichever is later.
5. Terms applicable to all Providers/Teachers:
   • You represent to the Company that you are an entity who has the capacity to contract in law, and hold all the qualifications and other prerequisites that have been specified by the Company for enrolment as a Provider on the Platform.
   • You unconditionally represent and warrant to the Company that you have made available to the Company all the information, documents and other material regarding your qualification to provide the Service, and no information has been withheld in this regard. You also represent to the Company that all the information, documents and other material submitted by you to the Company for its verification are accurate and complete.
   • You agree that you have registered on this Platform as an independent freelancer or consultant and nothing contained in the Terms of Service or elsewhere shall give rise to an employer – employee relationship between the Company and you.
   • You agree to perform the Services in a professional manner meeting the expectation of the students in terms of quality. We may regularly update qualifications and other eligibility conditions with respect to the Services from time to time and these shall be strictly adhered to by you.
   • You agree and acknowledge that the Company is only an aggregator of service providers providing a platform for eligible and qualified Providers to connect with prospective students. The Company shall not, in any manner whatsoever, be held liable or responsible for any matters in connection with the provision of the Service itself conducted online. The Company makes no representation or undertakes no responsibility with respect to any Student or the requirements of any Student
   • You agree and understand that these terms and conditions are legally binding and enforceable against you. Please do not use this Platform if any of the terms set out herein are not acceptable to you. You shall indemnify and hold harmless the Company from any and all expenses that may be incurred by it as a result of your breach of any of the obligations set out hereunder.
   • The Company does not underwrite a guaranteed number of enquiries or demo bookings to Providers. The Company also does not guarantee any number of student payments or conversions from the enquiries shared with the registered Providers.
   • The Company does not allow registration for home tuition agencies & organisations that are engaged in providing products or services similar to that of the Company (or) who are engaged in collection of data from the Website and sharing/utilising it for the benefit of competitors. If there are any such registrations, the Company reserves the right to terminate those accounts without any prior notice and without processing the refund of paid subscription fee, if any associated with those accounts. The Company also reserves the right to initiate any legal proceedings if any home tuition agencies or organisations contravene conditions as stated above.
   • You may clarify your doubts before you make a payment for any Membership Plan or Services offered by the Company. Once a payment is made, it cannot be refunded.
   • Copyright protection for all Training Content uploaded by you on the Website:
   • The Company will not use any Training Content uploaded by you on the Platform for any commercial purpose or otherwise without seeking explicit permission from you as and when required.
   • The Company can use the content for marketing their services or the services of the Providers
   • The Company may request you to upload your training content on the Platform for the sole reason of making your experience of conducting tuition classes online on the Platform more seamless and hassle-free
   • y uploading any content on the Platform, you also warrant that you own the copyright for that content. Any plagiarised content, once noticed by our Audit Team or Users, will be liable to be removed from the Platform with or without any notice to you. For any liabilities arising out of your usage of plagiarised content, you shall be solely responsible and liable for the claims arising out of such legal proceedings.

Payment Collection & Settlement Terms for Providers/Teachers:

1. Earnings will be collected and settled by EDFLIK in accordance with the agreed terms.
2. All payments from the students for all classes that you propose to conduct for the student on the platform, will be handled by Edflik.
3. You shall conduct classes only on the Platform using Live Online Teaching tools available to your User Account through the provided link (Either your own or Edflik’s).
4. The Fees will be settled to you on a monthly basis after deducting the applicable Transaction Fee, in the same proportion as the percentage of Classes completed out of the Total number of Classes promised to the Student against the payment.
5. Please note that once the Company has initiated a money transfer, it shall not be held liable for any delay in payment for reasons such as but not limited to bank holiday, wrong bank details provided by Tutor.
6. If a student discontinues the classes in between and doesn't return for next 6 months or more, then the amount for remaining classes would be forfeited by Edflik.com.
7. In case you wish to terminate your membership on the Platform at any point of time, you may do so once you complete all the classes committed to the students acquired through the Platform. If you decide not to complete the classes committed to the student before terminating your account, the Platform reserves the right to charge a penalty for any amount necessary to compensate the affected students for any inconvenience or financial loss caused to them. You also authorise the Company to adopt all legal means necessary to collect any due amount, inclusive of all penalties, from you, before terminating your account and membership on the Platform.

Communication and Quality Guidelines:

1. Refunds for class cancellations are subject to our refund policy. If you need to cancel your child's enrollment, please contact us as soon as possible. Refund eligibility will depend on the timing of the cancellation relative to the class start date.
2. In the event that we need to cancel a class due to unforeseen circumstances, we will make every effort to provide an alternative date or offer a refund.

Limitation of Liability

1. The Company strives to provide the best experience possible for its Students interested in learning online on the Platform. In order to deliver that experience, the Company requires its Partner Providers to adhere, at all times, to certain policies & guidelines while conducting their classes for Students acquired on the Platform.
   • Payment: All Payments will be done only through EdFlik’s platform.
   • Use the Platform’s Communication Channels Only: As a Provider, you are required to communicate with students who posted an enquiry on the Platform, only by using the messaging or demo options offered through the Platform.
   • In order to ensure compliance, all conversations in the form of messages, virtual calls, demo sessions or regular classes, will be recorded and monitored by the Company’s Quality Compliance & Audit Team.
   • Do NOT miss any Demos booked with you: As a Provider, you should not miss any demo booked with you by students. For any demo booked with you, you will have an option to reject it up to 3 hours in advance of the scheduled time. You should also update your availability calendar - in order to avoid getting demos booked in time seats that you are not comfortable with. For any demo booked with you, if you miss this demo, without cancelling or rejecting them explicitly at least 3 hours in advance of the demo scheduled time, you will be penalised as per Edflik’s cancellation policy.
2. All classes conducted between you and a student, and the content therein - will remain your intellectual property and these will not be used by the Company for any purpose apart from promoting the Company services or promoting Partners.

Policy Violation & Suspension Guidelines for Providers/Teachers:

1. EDFLIK reserves the right to suspend or remove Providers who violate Platform policies.
2. A suspension can be triggered for one of the following reasons:
   • Sharing your personal contact information with students via messaging, a call, or a demo session, master class or regular classes conducted through the Platform, including any contact information that can potentially take the conversation and the student outside of the Platform.
   • Sharing any information, link or any message that can be used by the student to directly contact you or to make a payment to you, without using the Payment Links generated through the Platform.
   • Any failure to report students, within 24 hours, who either share their contact information or try to transfer payments without using the Platform’s Payment process.
   • Missing multiple demos, regular classes or master classes as scheduled on your Calendar, can also trigger a suspension from the Platform.
3. Once you get a Student from the Platform, all future payments from this Student must be taken only through the Platform’s Payment Links. Any violation of this policy results in a permanent suspension from use of the Website and the Services. The Company also reserves the right to showcase your profile on the Platform as a blocked profile, to heavily disincentivize other Partners from violating policy guidelines.
4. If you are found guilty of conducting a class or sharing content that meets one of the following criteria, that will lead to immediate and permanent removal from the use of the Platform and the Services without any chance of suspension:

Content and Intellectual Property Terms:

1. EDFLIK reserves the right to suspend or remove Providers who violate Platform policies.
2. A suspension can be triggered for one of the following reasons:
   • Sharing your personal contact information with students via messaging, a call, or a demo session, master class or regular classes conducted through the Platform, including any contact information that can potentially take the conversation and the student outside of the Platform.
   • Sharing any information, link or any message that can be used by the student to directly contact you or to make a payment to you, without using the Payment Links generated through the Platform.
   • Any failure to report students, within 24 hours, who either share their contact information or try to transfer payments without using the Platform’s Payment process.
   • Missing multiple demos, regular classes or master classes as scheduled on your Calendar, can also trigger a suspension from the Platform.
3. Once you get a Student from the Platform, all future payments from this Student must be taken only through the Platform’s Payment Links. Any violation of this policy results in a permanent suspension from use of the Website and the Services. The Company also reserves the right to showcase your profile on the Platform as a blocked profile, to heavily disincentivize other Partners from violating policy guidelines.
4. If you are found guilty of conducting a class or sharing content that meets one of the following criteria, that will lead to immediate and permanent removal from the use of the Platform and the Services without any chance of suspension:

Code of Conduct:

1. EDFLIK reserves the right to suspend or remove Providers who violate Platform policies.
2. A suspension can be triggered for one of the following reasons:
   • Sharing your personal contact information with students via messaging, a call, or a demo session, master class or regular classes conducted through the Platform, including any contact information that can potentially take the conversation and the student outside of the Platform.
   • Sharing any information, link or any message that can be used by the student to directly contact you or to make a payment to you, without using the Payment Links generated through the Platform.
   • Any failure to report students, within 24 hours, who either share their contact information or try to transfer payments without using the Platform’s Payment process.
   • Missing multiple demos, regular classes or master classes as scheduled on your Calendar, can also trigger a suspension from the Platform.
3. Once you get a Student from the Platform, all future payments from this Student must be taken only through the Platform’s Payment Links. Any violation of this policy results in a permanent suspension from use of the Website and the Services. The Company also reserves the right to showcase your profile on the Platform as a blocked profile, to heavily disincentivize other Partners from violating policy guidelines.
4. If you are found guilty of conducting a class or sharing content that meets one of the following criteria, that will lead to immediate and permanent removal from the use of the Platform and the Services without any chance of suspension:

Redressal of Grievance:

1. EDFLIK reserves the right to suspend or remove Providers who violate Platform policies.
2. A suspension can be triggered for one of the following reasons:
   • Sharing your personal contact information with students via messaging, a call, or a demo session, master class or regular classes conducted through the Platform, including any contact information that can potentially take the conversation and the student outside of the Platform.
   • Sharing any information, link or any message that can be used by the student to directly contact you or to make a payment to you, without using the Payment Links generated through the Platform.
   • Any failure to report students, within 24 hours, who either share their contact information or try to transfer payments without using the Platform’s Payment process.
   • Missing multiple demos, regular classes or master classes as scheduled on your Calendar, can also trigger a suspension from the Platform.
3. Once you get a Student from the Platform, all future payments from this Student must be taken only through the Platform’s Payment Links. Any violation of this policy results in a permanent suspension from use of the Website and the Services. The Company also reserves the right to showcase your profile on the Platform as a blocked profile, to heavily disincentivize other Partners from violating policy guidelines.
4. If you are found guilty of conducting a class or sharing content that meets one of the following criteria, that will lead to immediate and permanent removal from the use of the Platform and the Services without any chance of suspension:

Miscellaneous Provisions:

1. EDFLIK reserves the right to suspend or remove Providers who violate Platform policies.
2. A suspension can be triggered for one of the following reasons:
   • Sharing your personal contact information with students via messaging, a call, or a demo session, master class or regular classes conducted through the Platform, including any contact information that can potentially take the conversation and the student outside of the Platform.
3. Once you get a Student from the Platform, all future payments from this Student must be taken only through the Platform’s Payment Links. Any violation of this policy results in a permanent suspension from use of the Website and the Services. The Company also reserves the right to showcase your profile on the Platform as a blocked profile, to heavily disincentivize other Partners from violating policy guidelines.
4. If you are found guilty of conducting a class or sharing content that meets one of the following criteria, that will lead to immediate and permanent removal from the use of the Platform and the Services without any chance of suspension: