Terms and Conditions of Use
TERMS OF USE - WWW.LEARNINGHOUR.COM
These terms
of usage govern your use of the LearningHour website and service. By using or
visiting the LearningHour website you agree to be bound by these terms of use.
If you do not agree to these Terms of Use, you should not use the LearningHour
website. For the purposes of this agreement, you means the parent or adult who
is paying for the service, as well as the student who is using the service.
Changes to Terms of Use
LearningHour, reserves the right, from time to time, with or without notice to
you, to change these Terms of Use in our sole and absolute discretion. The
most current version of these Terms of Use can be reviewed by clicking on the
"Terms of Use" located at the bottom of the pages of the LearningHour Web
site. The most current version of the Terms of Use will supersede all previous
versions. Your use of the LearningHour Web site or continued use of our
service after changes are made means that you agree to be bound by such
changes.
Privacy
Any information submitted on the LearningHour Web site is subject to our
Privacy Policy, available for your perusal on our webpage
www.learninghour.com. Please review our Privacy Policy to understand our
practices.
HOW
LEARNING HOUR WORKS
> Registration
To use the Services, you will need to register on the site, pay any applicable
fees, and obtain an account, and password. You are solely responsible for
maintaining the confidentiality of your account(s), and password(s) and for
all activities and liabilities associated with or occurring under your
account(s), and password(s).You agree to (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being "Your Data"), (b) maintain and
promptly update Your Data to keep it true, accurate, current and complete. You
agree not to use the site, the Services or the Company Content to recruit,
solicit, or contact in any form Tutors or potential Consumers for employment
or contracting for a business not affiliated with us without our advance
written permission.
> Unlimited Tutoring
You can purchase and undertake as many tutoring sessions in all subjects as
you need subject to availability of tutors. Users typically schedule sessions
in advance and might have to book sessions at a time that might not be their
first choice. LearningHour has the right to place temporary restrictions on
usage during peak hours or with certain tutors to ensure equitable
availability of sessions to all customers. LearningHour reserves the right to
change the description of the term “unlimited” in any of its packages, whether
it is to place restrictions on usage, limiting the subject, sessions, tutors
or any other parameters considered "unlimited" without notice.
> Scheduling
You can have as many sessions scheduled in advance as you have in your balance
at a time. A session must be booked at least 24 hours in advance. A booked
session may be cancelled/modified at least 36 hours in advance. LearningHour
retains the right to change these terms at any time for any period of time,
howsoever long or short.
> Hours of availability
LearningHour provides service only during specific hours. Currently these are
between 3pm IST to 11pm IST. However, these hours may change without prior
notice. Any previously booked sessions will be adjusted through Customer Care
on a personal intimation basis. A customer might not always get a tutoring
session when they need due to unavailability of tutors for their subject at
the specific time or due to technology problems or during a site maintenance
window.
> Academic Quality
LearningHour tries to ensure adherence to national and local curricula and
standards, however this is not a guarantee. LearningHour tutors are certified
to teach in the country and/or state they reside.
> Technology
LearningHour uses proprietary, licensed third-party technologies and free
technology products. While all attempts are made to ensure stability and
availability of technologies used by LearningHour, the company cannot get
guarantee uptime. You are solely responsible for all service, telephony and/or
other fees and costs associated with your access to and use of the Services
and for obtaining and maintaining all telephone, computer hardware and other
equipment required for such access and use.
Account Access; Identity Protection
In order to provide you with ease of access to your account, LearningHour will
place a cookie (a small text file) on any computer from which you access the
LearningHour Web site. This cookie is used to identify you throughout the
LearningHour Web site. This cookie will be destroyed when you close the
browser or logout of the LearningHour Web site. You are responsible for
updating and maintaining the truth and accuracy of the information you provide
to us relating to your account.
You are also responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer or mobile device. You
may choose to share your account with other people by providing them your
password. However, if you decide to share your account with other people, you
take full responsibility for their actions. Users of public or shared
computers or unprotected mobile devices should log out at the completion of
each visit to the LearningHour Web site.
If you find that you're a victim of identity theft and it involves a
LearningHour account, you should notify customer service. Then, you should
report this instance to all your credit card issuers, as well as your local
law enforcement agency. LearningHour reserves the right to place any account
on hold anytime with or without notification to the subscriber in order to
protect itself and its partners from what it believes to be fraudulent
activity. LearningHour is not obligated to credit or discount a membership for
holds placed on the account by either a representative of LearningHour or by
the automated processes of LearningHour.
Intellectual Property
> Copyright
All content included on the LearningHour Web site and delivered to subscribers
as part of the service, including text, graphics, logos, designs, photographs,
button icons, images, audio/video clips, digital downloads, data compilations,
and software, is the property of LearningHour, or its suppliers and is
protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of LearningHour, and
protected by U.S. and international copyright laws. Content shall not be
reproduced or used without express written permission from LearningHour, or
its suppliers. You agree not to decompile, reverse engineer or disassemble any
software or other products or processes accessible through the LearningHour
Web site, not to insert any code or product or manipulate the content of the
LearningHour Web site in any way that affects the user's experience, and not
to use any data mining, data gathering or extraction method. LearningHour
reserves the right to terminate your membership hereunder if LearningHour, in
its sole and absolute discretion, believes that you are in violation of this
paragraph, such violations including the copying of content provided to you by
us or the copying or other unauthorized use of our proprietary content. The
use of the LearningHour service is solely for your personal and non-commercial
use. Please see the instructions at the end of these Terms of Use for
notifying us of the presence of any allegedly infringing content on the
LearningHour Web site.
> Trademarks
The LearningHour logo, LearningHour.com, LearningHour.co.uk,
LearningHour.co.in, and LearningHour.in are trademarks or service marks of
ThreeBrix E-services Pvt. Ltd. The LearningHour Web site, including but not
limited to its graphics, logos, page headers, button icons, scripts and
service names constitute trade dress of LearningHour. The trademarks, service
marks and trade dress of LearningHour may not be used or reproduced without
prior written approval from LearningHour and may not be used in connection
with any product or service that is not affiliated with LearningHour, in any
manner that is likely to cause confusion among customers, in any manner that
dilutes the rights of LearningHour, or in any manner that disparages or
discredits LearningHour. Other trademarks that appear on the LearningHour Web
site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by LearningHour. Any images of
persons or personalities contained on the LearningHour Web site are not an
indication or endorsement of LearningHour or any particular product or our
service unless otherwise indicated.
Membership and Billing
You can find the specific details regarding your subscription with
LearningHour at anytime by clicking on the various links located inthe pages
of the LearningHour Web site after you login.
> Free Live Tutoring (Trial)/Free Trial
We encourage the use of our service through free trial. Free trial is only
available to first time customers of the LearningHour service and cannot be
combined with any other offer. A number of free trials may be redeemed per
student, however, this number is at the sole discretion of LearningHour. You
must have internet access to use the free trial offer. Upon registering for
your free trial, a LearningHour tutor or a customer service representative
will chat with you and try to help you out with your questions. At the end of
this trial, you are free to decide whether you wish to purchase further
services/products of LearningHour or not, without any
obligations.
> Billing
By using the LearningHour service, you are expressly agreeing that we are
permitted to bill you the relevant fees, for your use of the LearningHour
service. As used in these Terms of Use, "billing" shall indicate either a
charge or debit, as applicable, against your Payment Method, including a
checking account, where applicable. The subscription fee will be billed at the
beginning of your package subscription but your membership will not
automatically renew for successive monthly subscriptions, without prior notice
to you, unless and until you cancel your membership or we terminate it. The
billing cycle will depend on the type of plan you have selected to subscribe.
If your Payment Method reaches its expiration date, your continued use of the
service constitutes your authorization for us to continue billing that Payment
Method and you remain responsible for any uncollected amounts.
> Cancellation
You may cancel your subscription to LearningHour at anytime, and cancellation
will be effective immediately. To cancel, you may call our Customer Care at
+91-11-32648924 between the hours of 2pm IST and 6 pm IST, 5 days a week
starting Monday.
LearningHour reserves the right to terminate your account for any or no
reason.
> Pricing
LearningHour reserves the right to change prices without advance notice and to
offer promotions periodically to certain group of customers and thus not
available to all customers. Prices will not rise during the current month of
subscription or during the duration of a test prep package but can change for
subsequent months or test prep packages.
Web Site Content
We distribute subject content, and other animations and we reserve the right
to display and promote the content or other information on our Web site to you
in any manner we choose in our sole and absolute discretion. In addition, the
LearningHour Web site allows you and other third parties to post comments,
give feedback concerning the services offered, our tutors, and subject content
distributed by us. Any opinions, advice, statements, services, offers, or
other information that constitutes part of the content expressed or made
available by third parties on the LearningHour Web site are those of the
respective authors or producers and not of LearningHour, ,or its shareholders,
directors, officers, or employees. Under no circumstances shall LearningHour,
Inc., or its shareholders, directors, officers, directors, or employees be
held liable for any loss or damage caused by your reliance on information
obtained through the LearningHour Web site. It is your responsibility to
evaluate the information, opinion, advice, or other content available through
the LearningHour Web site.
Use of Information Submitted
LearningHour is free to use any comments, information, ideas, concepts,
reviews, or techniques or any other material contained in any communication
you may send to LearningHour ("Content"), including, without limitation,
responses to questionnaires or through postings to the LearningHour Web site
without further compensation, acknowledgement or payment to you for any
purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving the LearningHour
Web site or other Web sites. Furthermore, by posting any Content on our site,
submitting Content to us, or in responding to questionnaires, you grant us a
perpetual, non-exclusive, royalty-free irrevocable license and right to
display, use, reproduce or modify the Content submitted in any media, software
or technology of any kind now existing or developed in the future.
Please note LearningHour does not accept unsolicited materials or ideas for
use or publication, and is not responsible for the similarity of any of its
content or programming in any media to materials or ideas transmitted to
LearningHour. Should you send any unsolicited materials or ideas, you do so
with the understanding no additional consideration of any sort will be
provided to you, and you are waiving any claim against LearningHour and its
affiliates regarding the use of such materials and ideas, even if material or
an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including service
levels, plans, promotions and pricing, and we reserve the right to include you
in or exclude you from these tests without notice.
Electronic Communications
By using the LearningHour service, you consent to receiving electronic
communications from LearningHour. These communications will include notices
about your account (e.g., shipping and receiving e-mails and other
transactional information) and information concerning or related to our
service, such as featured content or other announcements, or offerings. These
communications are part of your relationship with LearningHour and you receive
them as part of the LearningHour subscription. You agree that any notice,
agreements, disclosure or other communications that we send to you
electronically will satisfy any legal communication requirements, including
that such communications be in writing.
Conduct
You may only access the site and use the Company Content and the Services for
lawful purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, rules, and regulations pertaining to your use of the
Services. You agree that you will not in any way: (i) interfere with the
ability of others to access or use the Services; (ii) disrupt the normal flow
of communication or otherwise act in a manner that negatively affects other
users' ability to use the site or the Services; (iii) claim a relationship
with or to speak for any individual, business, association, institution, or
other organization for which you are not authorized to claim such a
relationship; or (vi) interfere with or disrupt the Services or servers or
networks connected to the Services, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Services. You agree that
you will treat the tutors with respect and not use obscenities in the
classroom, make threats, or discuss matters other than those directly related
to the academic subject for which you seek help. You agree that you will not
solicit any personal information from any tutor, and agree that if any tutor
ever discloses such information to you, asks you for any personal information,
or suggests any offline meeting or conversation, you agree to immediately
report this to us by phone and in writing.
Limitations on Use
You must be 18 years of age or older to subscribe to the LearningHour service.
While individuals under the age of 18 may utilize the service, they may do so
only with the involvement of a parent or legal guardian. Unless otherwise
specified, the content on the LearningHour Web site is for your personal and
non-commercial use and we grant you a limited license to access the
LearningHour Web site for that purpose. You may not download (other than
through page caching necessary for personal use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate, publish, license, create
derivative works from, or offer for sale any information contained on, or
obtained from, the LearningHour Web site without our express written consent.
LearningHour does not promote, foster or condone the copying of copyrighted
material or any other infringing activity. Any unauthorized use of the
LearningHour Web site or its contents will terminate the limited license
granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without
notice, for any or no reason whatsoever.
Links
Some of the hyperlinks and banners on the LearningHour Web site may lead to
other Web sites that are not controlled by, or affiliated with, LearningHour .
In addition, other Web sites may link to the LearningHour Web site.
LearningHour has not reviewed these Web sites and is not responsible for the
content or privacy policies of these Web sites.
Claims of Copyright Infringement
It is the policy of LearningHour to respect the intellectual property rights
of others. LearningHour does not promote, foster or condone the copying of
copyrighted material or any other infringing activity. If you believe your
work has been copied in a way that constitutes copyright infringement, are
aware of any infringing material on the LearningHour Web site, or know of
someone who is making unauthorized use of the content of the LearningHour Web
site, please notify us of your concern by submitting a written notice to us at
the following address:
LearningHour
c/o
ThreeBrix E-services Pvt Ltd.
A-5, Gulmohar Park,
New Delhi -
49
India
Attention ; general counsel :
Your notice must be signed and contain the following:
Our copyright notice email address is info@LearningHour.com. Please note,
however, that in order for your notice to us to be effective under the Digital
Millennium Copyright Act, your notice must be in writing and contain the
elements described above. We will not be able to respond to any customer
service or other issues through this phone number or email address. For
queries that are not related to copyright matters, please see other ways to
contact us.
Disclaimer of Warranty; Limitations
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT,
THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR
THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE
SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR
THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE
SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE,
YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER
ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION
THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US
(OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR
SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION
SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION
THEREOF.
Indemnification
You agree to indemnify, defend and hold harmless us, and our affiliates,
officers, directors, agents, partners, employees, licensors, representatives
and third party providers (including our affiliates' respective officers,
directors, agents, partners, employees, licensors, representatives, and third
party providers), from and against all losses, expenses, damages, costs,
claims and demands, including reasonable attorney's fees and related costs and
expenses, due to or arising out of any User Content you submit, post to,
email, or otherwise transmit to us or through the Services, your use of the
Services, the Company Content or any portion thereof, your connection to the
Services, or your breach of these Terms. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to fully
cooperate with such defense and in asserting any available defenses.
Modifications to the Service
We may add, change or eliminate features, pricing, nomenclature and other
aspects of the Services and make other changes at any time and these Terms
will continue to apply to the Services as modified. We reserve the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the site or the Services (or any part thereof) with or without
notice. You agree that we will not be liable to you or to any third party for
any such modification, suspension, or discontinuance of the site or the
Services.
General
These Terms and any policies applicable to you posted on the site constitute
the entire agreement between the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the
parties with respect to such subject matter. All rights not expressly granted
herein are expressly reserved. These Terms shall inure to our benefit and to
the benefit of our agents, licensors, licensees, successors, and assigns. If
any provision of these Terms is found to be illegal or unenforceable, these
Terms will be deemed curtailed to the extent necessary to make the Terms legal
and enforceable and will remain, as modified, in full force and effect. These
Terms and all matters or issues collateral thereto will be governed by,
construed and enforced in accordance with the laws of the State of Delhi
applicable to contracts executed and performed entirely therein (without
regard to any principles of conflict of laws), and jurisdiction for any court
action in the State of Delhi. Any notice or other communication to be
given hereunder will be in writing and given by facsimile, postpaid registered
or certified mail return receipt requested, or electronic mail. Nothing in
these Terms shall be construed as making either party the partner, joint
venture, agent, legal representative, employer, contractor or employee of the
other. Neither party shall have, or hold itself out to any third party as
having, any authority to make any statements, representations or commitments
of any kind, or to take any action that shall be binding on the other except
as provided for herein or authorized in writing by the party to be
bound.




