TERMS & CONDITIONS FOR HOME TUTORS FOR CLIENTS/PARENTS

These terms & conditions (“NTHT terms”) are applicable to the use of nisha tutorials home tuitions program by the customers who have subscribed to (a) NTHT trial class (as defined below) and (b) NTHT subscription (as defined below) (hereinafter “clients”/ “you”/ “your”/ “parents”).

Nisha tutorials home tuitions are provided by nt educare llp (“company”/ “our”/ “us”) wherein, subject to the terms set forth below, upon you opting and subscribing to any of the following NTHT products (as defined below), one on one offline tuitions for a period of 1 (one) hour are provided by sending a tutor (as defined below) to your home for tutoring the relevant subject (as defined below) to your ward studying in grades from grade 1 to graduation and other professional courses (“NTHT” and such ward a “student”). The types of subscription are set forth below:

1. NTHT trial class: one class for the selected subject (as defined below) on a trial basis may be opted for by any customer for his/her/their ward upon paying the non-refundable fee, as more particularly identified in the respective customer order verification form (as defined below) (each a “NTHT trial class”).
2. In case the client is dissatisfied with the teaching style of the assigned tutor, the client may avail additional NTHT trial classes by paying the applicable fee for each such additional NTHT trial class.
3. NTHT subscription classes: a subscription (as defined below) of NTHT classes may be availed by a client for his/her/their ward upon payment of the applicable fee for such number of classes to be provided by the company to the student in the relevant selected time frame, as more particularly identified in the respective customer order verification form (“NTHT subscription classes”).
4. In case, you have already availed one or more NTHT trial class(es), we will assign the same tutor (with whom the client is satisfied with) to the student as assigned for the NTHT trial class, last availed by you, basis availability of such tutor. In case of non-availability of tuition slots (as defined below) for the tutor, we will allot another tutor to the student, after seeking approval from you.

For the purposes of the NTHT terms, (a) ‘NTHT product’ shall mean either of NTHT trial class or NTHT subscription class, as the case may be and (b) ‘subject’ shall mean regular school “state”/ “icse” / “cbse” / “ib or igcse” / “nios” board subjects, college subjects or any other subject, provided under NTHT and as opted by you in the order form (“customer order verification form”) while subscribing to the NTHT product and making the applicable payment thereof.

These NTHT terms shall govern your relationship with us, in addition to the terms and conditions available on www.nishatutorials.in applicable for:

1. your use of our website www.nishatutorials.in (“website”), our applications (“application”) or any products or services in connection with the application/ website/products (“services”); or
2. any modes of registrations or usage of products, including through sd cards, tablets or other storage/transmitting device (hereinafter “terms of use”).

If you do not agree with the terms of use or NTHT terms or the privacy policy (as defined below), please do not use the application or website or avail the services or NTHT or products. Any access to our services/application/NTHT products/other products through registrations/subscription is non-transferable.

1. Scheduling classes:
   1. Under the NTHT, you will be able to schedule the classes for NTHT subscription and/or the NTHT trial class by calling us on the helpline number (as provided below). Basis the availability of a suitable teacher for the subject chosen by you, a teacher (hereinafter “tutor”) will be assigned to visit your home location for teaching the student, as per the time slot of 01.5 (one and half) hour [as available, (a) from 08:00 to 8:00 p.m. On the weekdays; and (b) from 10:00 a.m. To 06:00 p.m. On saturdays and/or sundays) chosen by you (“tuition slot”). On confirmation of the tutor and the tuition slot, by you, a communication regarding the details (viz. Name, contact number, timing for tuition slot etc.) Will be shared with you. Additionally, one reminder will be sent to you at least one hour prior to the fixed tuition slot.
   2. In case of change in your home location, you will be solely responsible to inform us regarding the said change in home location by reaching Out to our helpline number at least 24 hours prior. In case the new location is not covered by us under NTHT, we will not be able to provide you the NTHT service at such new location and in such a case, we will refund the applicable fee for the relevant NTHT product availed by you, in accordance with the refund policy. However, in case the new location falls under the service area for NTHT, we will provide you the NTHT service as per the following terms –
      i). If the assigned tutor is available for the tuition slot at the new location, then the same tutor will continue to teach the student.
      ii). However, in case of non-availability of the assigned tutor at the new location for the preferred tuition slot(s), we will allot another tutor to the student, after seeking approval from you.
      
2. Number of students per tuition slot: you hereby understand that in a tuition slot only the student who has been named in the customer oder verification form will be able to avail the relevant NTHT product service.
3. NTHT components and teaching methods: a laptop (or any other similar electronic device) will be used by the tutor to show relevant study material and other educational content for teaching. During the class, any personal queries will also be solved by the tutor and the student will be guided by the tutor for completion of homework. Any activities, assignment, homework given to the student as part of NTHT, will be checked in next class by the tutor. Progress reports, test results and review shall be duly shared by the tutor with you.
4. Rescheduling the tuition slot: the NTHT trial class or NTHT subscription class will be conducted during the same tuition slot for the student as per the customer order verification form validated by you for the relevant NTHT product services, throughout the validity of the NTHT product service subscribed to by you. You will be able to reschedule the tuition slot for NTHT trial class or the NTHT subscription classes, by contacting us on the helpline number, as per the following terms –
   1. For NTHT Trial Class:
      i). By Client: You will be required to raise a request for rescheduling the NTHT Trial Class at least 24 hours prior to the scheduled timing of the Tuition Slot . Such rescheduling will be allowed only once for the NTHT Trial Class. We will be able to reschedule the tuition slot basis the availability of the tutor on the day requested by you. On successful rescheduling of the tuition slot, a confirmation will be sent to you. Failure to raise a request for rescheduling the NTHT trial class 24 hours prior to the tuition slot or failure to avail the NTHT trial class after rescheduling the batch, may lead to cancellation of the NTHT trial class, for which no refund shall be provided to you.
      ii). By tutor: the tutor may also reschedule the NTHT trial class, in which case, we will use our best efforts to inform you at least 24 hours prior to the tuition slot and the NTHT trial class will be scheduled for the next available tuition slot or to such other tuition slot, basis availability of the tutor and your confirmation thereto. On successful rescheduling of the tuition slot, a confirmation will be sent to you. In such a case, you will not be charged any additional fee for the rescheduled NTHT trial class and the option available to you for one-time rescheduling of the NTHT trial class shall not be exhausted.
   2. For NTHT subscription classes: i). By client: you will be required to raise a request for rescheduling the NTHT subscription class(es) at least 24 hours prior to the scheduled timing of the tuition slot. Such rescheduling will be allowed only twice in a month for the NTHT subscription classes. We will be able to reschedule the tuition slot basis the availability of the tutor on that day. On successful rescheduling of the tuition slot, a confirmation will be sent to you. Failure to raise a request for rescheduling the NTHT subscription class 24 hours prior to the tuition slot or failure to avail the NTHT subscription class after rescheduling the tuition slot twice in a given month, may lead to cancellation of the NTHT subscription class, for which no NTHT subscription class or a refund thereof, shall be provided to you. For any change required in the preferred tuition slot for the remaining NTHT subscription classes, you can reach out to our helpline number. We will share such time slots with you, basis the availability of the tutor for you to confirm. Post receipt of your confirmation, on successful change in the tuition slot, a confirmation will be sent to you. In case of non-availability of the assigned tutor for such tuition slot(s) as per your preference, we will allot another tutor to the student, after seeking approval from you.
      ii). By tutor: additionally, the tutor may also reschedule the NTHT subscription class(es), in which case, we will use our best efforts to inform you at least 24 hours prior to the tuition slot and the NTHT subscription class will be scheduled for the next available tuition slot or to such other tuition slot, basis your confirmation. On successful rescheduling of the tuition slot, a confirmation will be sent to you. In such a case, you will not be charged any additional fee for the rescheduled NTHT subscription class and the option available to you for rescheduling the NTHT subscription classes twice in a month shall not be exhausted, if it has not be used by you already.
5. Replacement of Tutor:
   1. For NTHT Trial Class: Replacement of Tutor is not allowed for a NTHT Trial Class. If you are not satisfied with the Tutor, you can book a NTHT Trial Class afresh by paying the applicable fee for NTHT Trial Class and we will allot another Tutor to you, basis their availability for the Tuition Slot. **
   2. For NTHT Subscription Classes: In case you want a replacement of the Tutor assigned for NTHT Subscription Classes, you can reach out to us on our helpline number. The replacement of a Tutor for NTHT Subscription Classes will be available to you only in the following circumstances –
      i). For Inappropriate Behaviour: You can raise a request for replacement of the Tutor for any inappropriate behaviour of the Tutor faced by the Student or you.
      ii). Issues Relating to Punctuality of the Tutor: In case the Tutor has been late by more than 15 minutes, at least 4 times in a month, you can raise a request for replacement of the Tutor.
      iii). Poor quality of Teaching by the Tutor: You can raise a request for replacement of the Tutor for unsatisfactory teaching style/methodologies only within a period of 07 (seven) days from the date of assignment of a Tutor to the Student. Such replacement option shall be available to you only once in the academic year from the start of NTHT Subscription Classes. In all the abovementioned cases, we will consider your request on priority and allow for replacement of the Tutor basis our internal review of your request, post a communication either confirming or rejecting such request will be sent to you. In case of confirmation of change in Tutor, the details of new Tutor shall be shared with you.(Force Majeure applicable)
6. Your Obligations: For availing the NTHT Trial Class or NTHT Subscription Classes, you are required to adhere to the following obligations –
   1. You shall always ensure that the classes are conducted in your presence.
   2. You shall never request or assign our Tutors to provide personal tuition separately. It is duly understood by you that such tuition shall be availed by the Student under NTHT program service only and for any breach of this obligation, we may cancel your subscription of NTHT at any time, without providing any refunds thereof.
   3. You shall provide a clean, safe and hazard free environment to the Tutors for conducting the classes. Such part of the house should have good reception of cellular network.
   4. You shall always interact with the Tutor in a polite and professional manner. For any failure on your part to adhere to this obligation, we may cancel your subscription of NTHT at any time, without providing any refunds thereof and may also initiate appropriate legal action thereof.
   5. You shall not lodge misrepresent or lodge any false complaint/ request to us. In case of non-compliance to this obligation, we may cancel your subscription of NTHT at any time, without providing any refunds thereof.
   6. You shall cooperate with the Tutor and keep monitoring the performance of the Student on basis of the feedback provided by the Tutor.
   7. You shall ensure that any requests for rescheduling of classes shall be raised in a timely manner.
   8. You shall and ensure that the Student and other members of the household shall always follow the social distancing requirements or other safeguards as mandated by the government from time to time.
   9. You will not discriminate against any Tutor based on race, religion, caste, nationality, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to avail services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the NTHT Product service immediately without any refund(s). You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.
7. Communication to You: Any communication under the NTHT from our end will be sent to you over your preferred mode of communication, basis your acceptance of any applicable terms of usage for such mode of communication.
8. Grievance Redressal Mechanism: You can reach out to us on our helpline number to raise any issues pertaining to refund, Tutor replacement, rescheduling of NTHT Trial Class or NTHT Subscription Classes, any complaints against the Tutor, technical issues, Application etc. Our customer support team will generate a ticket for such issues raised by you and our concerned team will try to resolve such issues within 48 hours from the time of raising the ticket for the respective issue.
9. Changes to this Policy: We reserve the right to modify/ amend/ replace these NTHT Terms at any time, as deemed fit by us, without any prior notice to you.
10. Availability of Helpline: Our helpline number (+91-7700948110) shall be available as per the following schedule –
    On Weekdays (Monday to Saturday): 10:30 a.m. to 06:30 p.m.
11. These NTHT Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
12. Please read the NTHT Terms, Terms of Use and the privacy policy of the Company (available at www.nishatutorials.in and referred to as “Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services, NTHT and product services carefully before using the Application, Website, Services, NTHT or product services. In the event of any discrepancy between the Terms of Use, NTHT Terms and any other policies with respect to the Application or Website or Services or NTHT or product services, the provisions of the NTHT Terms shall prevail.
13. Please refer to our refund policy for NTHT for any refunds (if applicable), process for such refunds and other related terms as mentioned therein.
14. COMPANY PROVIDES THE APPLICATION, WEBSITE, SERVICES, NTHT PRODUCT SERVICES AND OTHER PRODUCT SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, WEBSITE, SERVICES, NTHT PRODUCT SERVICES AND OTHER PRODUCT SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF THE USAGE. COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE APPLICATION, WEBSITE, SERVICES, NTHT PRODUCT SERVICES, OTHER PRODUCT SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ANY INFORMATION OBTAINED THROUGH THE USE OF SERVICES WILL BE ACCURATE, THAT THE USE OF APPLICATION, WEBSITE, SERVICES, NTHT PRODUCT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, OR THAT ALL THE DEFECTS WILL BE CORRECTED.
15. You hereby represent that you are the parent or legal guarding of the Student and are above 18 years of age. Your use/access/browsing of the Application or Website or the Services or NTHT or product services or registration (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms of Use, NTHT Terms and your agreement to be legally bound by the same. Jurisdiction for all Legal binding will be court of Mumbai.