Terms of Use
1. Introduction
This is a legal and binding agreement between You, and Found My Teacher (“We/Us/Our”) stating the terms that govern your use of the Platform, as defined below. The Website/Platform www.foundmyteacher.com.and the information, services and other materials contained therein are provided and operated by Found My Teacher, along with third party contributors. The Found My Teacher offers Service(s) as an aggregator for teaching professionals and other students.
Please review our Terms of Use, Privacy Policy and other policies available on the Platform that govern the use of the Platform. By accepting these terms of use (“Terms of Use”) in any manner or accessing the Platform, you consent, agree, and undertake to abide, be bound by and adhere to the Terms of Use and if you do not agree to these Terms of Use, you are not entitled to avail of/use the Platform and any use thereafter shall be unauthorised.
These Terms shall apply to Found My Teacher hosted WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Found My Teacher, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Found My Teacher shall not be responsible for any disruption of services caused by such third-party service providers/contributors.Although you may "bookmark" a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms of Use.
Please read these Terms of Use, along with the Privacy Policy and all other rules and policies made available or published on Found My Teacher Platform as they shall govern your use of the Found My Teacher Platform.
2. Found My Teacher Platform
Found My Teacher is an enabling platform for educators and learners, by helping them connect and offer their skill set at their convenience. A single platform that helps educators become more self reliant while helping learners find what is best for them.
3. Users/Contributors Account
In order to access some of the features of the Found My Teacher Platform, you may have to create your account with Found My Teacher. You agree and confirm that you will never use another User’s/Contributor’s/Third Party/Employee account nor provide access to your account to any third-party.
While creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone.
You must notify Found My Teacher immediately of any breach of security or unauthorized use of your account. At no point in time will Found My Teacher be liable for any losses caused by any unauthorized use of your account, wherein you shall solely be liable for the losses caused to Found My Teacher or others due to such unauthorized use, if any.
There are two kinds of account for the users:
- A. The account which can be availed by the educator.
- B. The account which can be availed by the learner
4. Access, Permissions and Restrictions
Found My Teacher hereby grants you permission to access and use the Found My Teacher Platform as set forth in these Terms of Use, provided that:
- A. You agree not to distribute in any medium any part of the Found My Teacher Platform or the content without Found My Teacher’s prior express authorization.
- B. You agree not to alter or modify any part of the Found My Teacher Platform.
- C. You agree not to access content of any other users of the Platform through any technology or means other than the video playback pages or any other information, expressly provided by the Found My Teacher Platform itself.
- D. You agree not to use the Found My Teacher Platform for any of the following commercial uses unless you obtain Found My Teacher’s prior written approval:
- (a) the sale of access to the Found My Teacher Platform;
- (b) the sale of advertising, sponsorships, or promotions placed on or within the Found My Teacher Platform or content; or
- (c) the sale of advertising, sponsorships, or promotions on any page or website that provide similar Found My Teacher Platform as that of Found My Teacher.
- E. You agree to receive updates from time to time from Found My Teacher. These updates are designed to improve, enhance and further develop the Found My Teacher Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions, and new information update for your better experience.
- F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Found My Teacher Platform in a manner that is in any manner, harmful or detrimental to the Platform functioning or is in violation of proprietary rights of the Found My Teacher. Notwithstanding the foregoing, Found My Teacher grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
- G. Found My Teacher reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.
- H. You agree not to collect or harvest any Personal Information, from the Found My Teacher Platform, nor to use the communication systems provided by the Found My Teacher Platform (e.g., comments, email) for any commercial solicitation purposes.
- I. You agree not to solicit, for commercial purposes, any users/contributors of the Found My Teacher Platform with respect to user/contributors Content.
5. No Endorsement
By using the Platform, and/or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users/contributors or other third parties will be limited to a claim against the particular users/contributors or other third parties or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Found My Teacher with respect to such actions or omissions.
Under no circumstance(s), shall the Found My Teacher be liable for such act or omissions as the Platform is merely an aggregator for the users and contributors or the third parties.
6. Payment Terms
A. Student Payment Terms
If an enrolment is requested for any course via the Platform,We will pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (“Enrolment Request Period”), otherwise the enrolment request will automatically expire.
If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Found My Teacher for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, Found My Teacher will send the Student an email, text message or message via e-mail and the Platform confirming such enrolment, depending on the selections You make via the Platform and Services.
The subscription and/or enrollment fee payable will be displayed to the Student before the Student sends an enrolment request to Found My Teacher. Upon receipt of the Student’s enrolment request, Found My Teacher may initiate a pre-authorization and/or charge a 100 % subscription amount to Student’s Payment Method pursuant to the Payments Terms.
Found My Teacher will collect the subscription fees from Students at the time of the enrolment request. The Found My Teacher, after receiving the subscription and/or enrollment fee from the Student, upon such enrollment/subscription request by the Student, shall generate an acknowledgement receipt (“Student Enrolment Acknowledgement”), along with taxes as per Applicable Laws of India in favour of the Student, and once such enrollment is confirmed within 7 (seven) days by the Found My Teacher, it shall generate an invoice in in lieu of such payment favour of the Student (“Student Payment Invoice”).
If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Found My Teacher will be refunded to such Student, depending on the selections the Student makes via the Platform.
Found My Teacher agrees that no refund will be permitted in respect of service(s) already provided unless such refund shall be and in accordance with the RefundPolicy reflected in the relevant listing:
- (a) permit the Student to cancel the enrolment; and (ii) refund to the Student that portion of the subscription/enrollment fees specified in the applicable Refund Policy. In case relevant listing (subscription/enrollment) does not have a specified Refund Policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.
- (b) You as a Student agree to pay the fees for any subscription/enrolment requested, in connection with your Found My Teacher Account. Found My Teacher will collect the subscription/enrolment fees pursuant to the Student Payments Terms.
- (c) Once you're confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment, along with the invoice of such fee.
B. Teacher Payment Terms
If an enrollment is requested for registration via Platform, the Teacher, upon submission of requisite fixed subscription fee (“Fixed Subscription Fee/Registration Fee”), as per the Subscription Policy, upon payment of which, the Teacher shall be issued registration identification.
If an enrollment is requested for registration, the Teacher shallalso select subscription and/or enrollment fee payable will be displayed to the Teacher before the Teacher sends an enrolment request to Found My Teacher amongst the various subscription options, and upon enrolment request of the Student for engagement of the Teacher,the Teacher shall make confirmation or reject the enrolment request within the period of 5 days from the start date of Enrolment Request Period of the Student,otherwise the enrolment request will automatically expire (“Floating Subscription Fee”).
In case the Teacher denies the Teaching Services, after such demonstration and assurance to the Student, such Floating Subscription Fee shall stand as outstanding and payable at the behest of the Teacher.
When We receive an enrolment requested by a Student, Found My Teacher will send the Teacher an email, text message or message via e-mail and the Platform on the selections the Student makes via the Platform and Services.
Found My Teacher will collect the subscription fees from Teachers at the time of the enrolment request of the Student. The Found My Teacher, after receiving the subscription and/or enrollment fee from the Student, upon such enrollment/subscription request by the Student, shall provide within such 5 days of such request made by the Student, the Floating Subscription Fee along with taxes as per Applicable Laws of India in favour of the Found My Teacher, and once such enrollment is confirmed within 5 (five) days by the Found My Teacher, it shall generate an Invoice in in lieu of such payment favour of the Teacher.
C. Found My Teacher Payment Terms
Upon confirmation of enrolment request by the Student, and upon successful payment of Fixed and Floating Subscription Fee by the Teacher, the Found My Teacher shall make payment to the Teacher for his Teaching Service(s) after thirty days from the date of generation of Student Payment Invoice (“Teacher Tuition Fee”).
The Teacher Tuition Fee shall be paid by the Found My Teacher, merely on behalf of the Student and the Teacher shall have no claim over the Found My Teacher over any issues regarding the Teacher Tuition Fee.
The Teacher Tuition Fee shall be paid to by the Found My Teacher upon successful execution of three following events:
- A. The successful payment by the Student and a upon successful generation of Student Payment Invoice;
- B. The successful payment of Registration Fee and Floating Subscription Fee by the Teacher.
- C. Upon completion of thirty days (30) from generation of the above mentioned (A) and (B).
7. User Conduct
The user (Teachers/Students/any other person) understand and agree that he/she are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform and Collective Content. In connection with your use of the Platform and Collective Content, you may not and you agree that you will not:
- A. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- B. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in Platform or Collective Content;
- C. access or use our Platform expose or allow to be used or exposed, any Found My Teacher Content: (i) that is not publicly displayed by Found My Teacher in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Found My Teacher’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Found My Teacher’s users or any other third party;
- D. use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Found My Teacher endorsement, partnership or otherwise misleads others as to your affiliation with Found My Teacher;
- E. dilute, tarnish or otherwise harm the Found My Teacher brand in any way, including through unauthorized use of Collective Content, registering and/or using Found My Teacher or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Found My Teacher domains, trademarks, taglines, promotional campaigns or Collective Content;
- F. copy, store or otherwise access or use any information contained on the Platform or Collective Content for purposes not expressly permitted by these Terms of Use;
- G. infringe the rights of Found My Teacher or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- H. interfere with or damage Our Platfrom, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- I. use Our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- J. use Our Platform or Collective Content in connection with the distribution of unsolicited commercial email ("Spam") or advertisements unrelated to lodging in a private residence;
- K. "stalk" or harass any other user of Our Platform or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Found My Teacher Student;
- L. register for more than one Found My Teacher Account or register for a Found My Teacher Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
- M. contact another user for any purpose other than asking a question related to an Enrolment, course, Teacher Registration, or the user of the Platform;
- N. recruit or otherwise solicit any user to join third-party services or websites that are competitive to Found My Teacher, without Found My Teacher’sprior written approval;
- O. recruit or otherwise solicit any Teacher to join third-party services, applications or websites, without Our prior written approval;
- P. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Q. use automated scripts to collect information from or otherwise interact with the Found My Teacher or Collective Content;
- R. use the Platform or Collective Content to find a Student and then complete an enrolment of Course independent of the Platform in order to circumvent the obligation to pay any Fees related to Found My Teacher’s provision of the Services or for any other reasons;
- S. violate these Terms or Found My Teacher’sthen-current Policies and or Standards;
- T. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform;
- U. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- V. systematically retrieve data or other content from Our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- W. use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform or Collective Content, Found My Teacher’sname, any Found My Teacher trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform without Found My Teacher’sexpress written consent;
- X. access, tamper with, or use non-public areas of the Platform, Found My Teacher’scomputer systems, or the technical delivery systems of Found My Teacher’sproviders;
- Y. attempt to probe, scan, or test the vulnerability of any Found My Teacher system or network or breach any security or authentication measures;
- Z. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Found My Teacher or any of Found My Teacher’sproviders or any other third party (including another user) to protect the Platform or Collective Content;
- AA. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Collective Content;
- BB. advocate, encourage, or assist any third party in doing any of the foregoing; or
- CC. accept or make a payment for fees outside Found My Teacher. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Use; (ii) accept all risks and responsibility for such payment, and (iii) hold Found My Teacher harmless from any liability for such payment.
8. Found My Teacher Intellectual Property Right(s)
The Found My Teacher Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Found My Teacher Platform is owned and controlled by Found My Teacher and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include user content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Found My Teacher owns all IPR to and into the Platform trademark(s) “Found My Teacher” and the Found My Teacher Platform.
The mark “Found My Teacher” is the sole property of Found My Teacher. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Found My Teacher.
9. Refunds
Any refunds that are to be processed shall be processed in accordance with Found My Teacher Refund Policy
10. Electronic Communication
When you visit Found My Teacher Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Found My Teacher Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
11. Termination of Account
The Found My Teacher will terminate a Users access to the Found My Teacher Platform, if
- A. the user is a repeat copyright infringer;
- B. the users breaches any terms of these Terms of Use.
- C. Violation of any applicable laws;
- D. your use of the Found My Teacher Platform disrupts our business operations or affects any other party/ User; or
- E. you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Found My Teacher.
Found My Teacher reserves the right to decide whether user Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Found My Teacher deems fit from time to time.
The Found My Teacher may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
We may suspend access to the Found My Teacher Platform or require You to change Your password if we reasonably believe that the Found My Teacher Platform have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Found My Teacher Platform will not affect liability previously incurred by You.
12. Effective of Termination
In case any of the above-mentioned cases occur, Found My Teacher reserves the right, in its sole discretion, to terminate or suspend the user’s account with immediate effect. Upon suspension or termination of the user’s account:
Found My Teacher shall at its sole discretion withhold or stop any and all payments that are to be made to such user and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
Payments shall not be made for the work that is the subject matter of any of the breaches.
User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
13. Copyright Infringement
Found My Teacher operates a clear copyright policy in relation to any user content alleged to infringe the copyright of a third party.As part of Found My Teacher‘s copyright policy, Found My Teacherwill terminate user access to the Found My TeacherPlatform if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
14. Notice of Copyright Infringement
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the user content uploaded on Found My Teacher Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication, which contains:
- (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- (b) A description of the copyrighted work that you claim has been infringed upon;
- (c) A description of where the material that you claim is infringing is located on the Found My Teacher Platform, including the educator name, topic and any other detail identifying the infringing content;
- (d) Your email address, your physical address and telephone number;
- (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- (g) Please submit your notice to our Copyright Agent as follows:
(Email for Copyright Agent: _______________)
15. Confidentiality
You will not without obtaining prior written consent of Found My Teacher, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Found My TeacherPlatform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Found My Teacheror Found My TeacherPlatform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Found My Teacherand any breach of the same shall cause irreparable damage to us.
16. Limitation of Liability
To the fullest extent permitted by law, in no event shall Found My Teacher, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user content or any other content available at Found My Teacher, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Found My Teacherplatform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Found My Teacherplatform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Found My Teacherplatforms by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Found My Teacherplatform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Found My Teacheris advised of the possibility of such damages.
we understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Found My Teacherlimits its liability for any claims under those warranties or conditions to either supplying you the Found My TeacherPlatform again.
You specifically acknowledge that Found My Teachershall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
the Found My Teacherplatform is controlled and offered by Found My Teacherfrom its facilities in India. Found My Teachermakes no representations that the Found My Teacherplatform is appropriate or available for use in other locations. Those who access or use the Found My Teacherplatform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Found My Teacher, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Found My Teacher Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your user content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms of Use and your use of the Found My Teacher Platform.
18. Force Majeure
Found My Teachershall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
19. Information Technology Act
These Terms of Use are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of Use for access or usage of the Found My Teacher Platform.
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to user. The IP address of all posts is recorded to aid in enforcing these conditions.
20. Governing Law and Jurisdiction
The Terms of Use are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Mumbai Maharashtra, India.
21. Modification, Amendment or Termination
Found My Teacher may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Found My Teacher Platform post any modification of the Terms of Use shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
22. Consumer Grievance
Nodal Officer Details –
Name: _________________
Contact:________________