Terms of Service
GENERAL INFORMATION AND SCOPE
Welcome to Lotus Edtech Services (My TutaSpace) ("Company",) hereinafter referred to as "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website having address www.MyTutaSpace.com (the "Website") and the tutoring services provided through our platform.
The registered office address of Lotus Edtech Services (My TutaSpace) is at Umiya Quatro Plot C Flat No .E-202 Dabolim Airport Vasco Goa 403801.
By creating an account, booking a session, or using our Website, you "User", ("Client", "Student", or "Parent/Guardian") you agree to be bound by these Terms. including the disclaimers set forth below and the privacy policy, if you do not agree, please do not use ourservices.
The online tutoring services provided by Lotus Edtech Services (MyTutaSpace)are intended solely for educational and informational purposes. By engaging our tutoring services, you acknowledge that Lotus Edtech Services (MyTutaSpace) is acting as an independent educator and not as a formal educational institution, nor are they a substitute for your primary schooling or institutional learning.
The online tutoring services provided by Lotus Edtech Services (MyTutaSpace)are intended solely for educational and informational purposes. By engaging our tutoring services, you acknowledge that Lotus Edtech Services (MyTutaSpace) is acting as an independent educator and not as a formal educational institution, nor are they a substitute for your primary schooling or institutional learning.
Effective Agreement and Priority of Terms
Please read these terms of use carefully before using this site, downloading, installing or using our mobile application. by accessing, registering or using this site,
These Terms become legally binding immediately upon your acceptance and strictly govern the professional relationship between you and us, including the delivery of all educational Services on our Site. If any conflict or discrepancy arises between these Terms and any other document, policy, or promotional content found on our Site, these Terms shall completely override them and prevail for all matters concerning website usage.
These Terms become legally binding immediately upon your acceptance and strictly govern the professional relationship between you and us, including the delivery of all educational Services on our Site. If any conflict or discrepancy arises between these Terms and any other document, policy, or promotional content found on our Site, these Terms shall completely override them and prevail for all matters concerning website usage.
Lotus Edtech Services (My TutaSpace) reserves the right, at our discretion, to modify, add, or remove portions of these terms at any time and each such change shall be effective immediately upon posting. please check these terms periodically for changes. your continued use of this site following the posting of changes to these terms will mean you accept those changes.
Waivers and System Termination
Any explicit waiver or delayed enforcement of our rights under these Terms does not establish a permanent waiver, nor does it create an expectation that we will waive future enforcement of that provision. If you do not fully consent to be bound by these Terms and our accompanying Privacy Policy, you are strictly prohibited from using our Site in any capacity and must exit the platform immediately.
Any explicit waiver or delayed enforcement of our rights under these Terms does not establish a permanent waiver, nor does it create an expectation that we will waive future enforcement of that provision. If you do not fully consent to be bound by these Terms and our accompanying Privacy Policy, you are strictly prohibited from using our Site in any capacity and must exit the platform immediately.
1. Eligibility & Accounts
· Age Requirement: Users under 18 years old must have a parent or legal guardian register and manage account transactions on their behalf.
· Account Security: You are responsible for keeping your login credentials confidential and for all activity occurring under your account.
· Accuracy: You agree to provide accurate, current, and complete details during registration.
· Tutoring Platform: We provide online or in-person academic instruction, consulting, and exam preparation ("Services") as listed on our website .
· No Guarantees: We match students with qualified instructors to improve performance. However, we do not guarantee specific academic outcomes, grades, or exam scores.
2. USER ELIGIBILITY AND REGISTRATION REQUIREMENTS
· Minor Usage Restrictions: If you are a minor under the age of 18 years, you are strictly prohibited from registering as an independent User of the Website or executing financial transactions on the platform. Minors may only navigate the Site or utilize our Services in conjunction with, and under the explicit supervision of, a parent or legal guardian who has read and agreed to these Terms.
· Parental Representation: A parent or legal guardian may register an account and manage the Services on behalf of their minor child. By initiating transactions or utilizing the platform for a minor, you represent, covenant, and warrant that you are the lawful parent or legal guardian of such child. If you do not meet these structural qualifications, you must immediately discontinue use of the Site.
· Jurisdictional Legality: Membership and access to the Services are completely void where prohibited by applicable law. In any such jurisdiction, your right to access the Site is automatically revoked. By engaging with the platform, you represent and warrant that you possess the full legal right, capacity, and authority to enter into and abide by this Agreement.
· Registration Data Obligations: You explicitly agree to:
o Provide completely accurate, current, and comprehensive information about yourself as prompted by any onboarding or registration forms ("Registration Data").
o Maintain the absolute security, confidentiality, and integrity of your account password, login credentials, and personal identification.
o Promptly update your Registration Data to ensure it remains accurate, current, and complete at all times.
o Accept all inherent operational risks of unauthorized access to your account profile, personal communications, and uploaded Registration Data.
3. USER-SUBMITTED CONTENT AND COMMUNITY FEATURES
You may periodically submit reviews, feedback, and text regarding your experiences with Tutors submit inquiries concerning educational requirements or participate in the interactive and community features of the Site (collectively, "Submitted Content").
· Public Nature and Non-Confidentiality: Except as expressly set forth in our Privacy Policy, all Submitted Content is non-confidential and non-proprietary. We are under no legal obligation to treat your Submitted Content as confidential material.
· Irrevocable License Grant: By uploading or posting Submitted Content to the platform, you explicitly grant Lotus Edtech Services (My TutaSpace) a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly perform or display such content globally in any media format now known or hereafter developed, without any requirement of attribution, identification, or compensation to you or any third party. You forever waive all rights, attribution rights, or authorship claims over the Submitted Content.
· Commercial and Operational Freedom: The Company is entitled to utilize any concepts, methods, ideas, or techniques contained within your Submitted Content for any commercial, operational, or secondary purpose whatsoever without payment, royalty, or liability to you. The Company assumes no civil liability for any similarities between your suggestions and our future operational workflows.
· Enforcement Rights: You grant the Company the exclusive right to pursue formal legal action against any external person or corporate entity that violates your or our intellectual property rights in your Submitted Content.
4. RATING, REVIEW, AND MANDATORY CONTENT WARRANTIES
When publishing Submitted Content, you bear personal responsibility for your submissions. You agree to defend, indemnify, and hold harmless Lotus Edtech Services (My TutaSpace) from any financial damages, losses, legal costs, or expenses (including reasonable attorneys' fees) resulting from your posted content.
You explicitly warrant and agree to the following mandatory structural criteria:
· Student and Parent Reviews: If your Submitted Content concerns a Tutor, the data must be completely true, accurate, and relate exclusively to services actually received by you or your minor ward. You warrant that you are not related to, nor employed by, the Tutor to being reviewed, and that you are not impersonating any other individual.
· Tutor: If you are a Tutor submitting or editing profile details, you warrant that all information is accurate, that you are the exact service provider identified, and that the text relates solely to the educational services you are legally authorized to provide.
· Intellectual Property Compliance: You warrant that you possess all necessary rights to post the Submitted Content without infringing upon the copyright, trademark, patent, trade secret, or proprietary rights of any third party. Your content must not contain any personally identifiable information of external parties, other than the specific name of the Tutor being reviewed.
· Content Prohibitions: Your Submitted Content must not violate any local or international law. It must not contain material that:
o Libels, defames, defiles, or invades the privacy of any third party.
o Is obscene, pornographic, harmful, threatening, abusive, harassing, vulgar, false, or inaccurate.
o Constitutes a personal attack, promotes criminal behavior, or attempts to advertise external products, services, or fundraising campaigns.
· Frequency Limitation: You are strictly permitted to post only one (1) review or piece of Submitted Content regarding the same individual Tutor, academic procedure, or distinct subject matter within any thirty (30) day period.
· Moderation and Editorial Rights: The Company reserves the absolute right, but does not assume the obligation, to publish, monitor, filter, screen, or remove any Submitted Content at any time and for any reason in its sole discretion. The Company shall not be held liable for any delay or technical failure in removing prohibited content.
5. COMMUNICATIONS AND INTER-USER DISCLAIMERS
· Independent User Submissions: The Company does not generate or author the Submitted Content found on the platform; it is populated independently by our users. Tutors to determine which educational questions to answer at their own discretion. They operate strictly as independent service providers and are not employees, agents, or joint-venture partners of Lotus Edtech Services (My TutaSpace).
· Neutrality and Non-Endorsement: The Company is entirely detached from private conversations, off-platform negotiations, or direct agreements between users. We do not refer you to, nor do we endorse or recommend, any particular Tutor .
· Limitation of Liability for Content: You acknowledge that the Company cannot and does not pre-screen, systematically monitor, or guarantee the precision of user-generated text on the Site. The Company completely disclaims all civil liability for the acts or omissions of any Tutor, the quality of their content, the ability of educators to answer complex prompts, or the financial capacity of Students to pay for their lessons.
6. VENUE DISCLAIMER, LIMITATION OF LIABILITY, AND RELEASE OF LIABILITY
· Platform Role and Venue Limitation: The Site is strictly a digital marketplace and administrative venue designed to facilitate connections between Students and Tutors The Company does not employ, manage, or direct Tutors. As independent contractors for the Student or Parent/Guardian, the Tutors retain exclusive, absolute control over their teaching methodologies, instructional materials, curriculum, schedules, and all practical aspects of the lessons.
· User Decisions and Autonomy: Any decisions, choices, selections, or contractual engagements made on or through the platform are strictly yours. The Company does not make operational or academic decisions for you. Our operational scope is limited to assisting you in discovering and connecting with educational professionals. Content, informational questions, and related educational answers provided on the Site by Tutors are for informational purposes only.
· Hiring Responsibility and Due Diligence: Students and Parents/Guardians are exclusively responsible for vetting and selecting the appropriate Tutor to meet their specific educational requirements. When making hiring decisions, you must independently review, verify, and investigate each Tutor's self-reported credentials, certifications, educational background, background checks, and professional experience, alongside reviews or ratings posted by other users.
· Mandatory Adult Supervision: ALL TUTORING SESSIONS, WHETHER CONDUCTED VIA ONLINE VIDEO PLATFORMS OR IN-PERSON SESSIONS, MUST BE DIRECTLY SUPERVISED BY A RESPONSIBLE ADULT. The Company completely disclaims any liability for incidents occurring during unsupervised sessions.
· Third-Party User Disputes and Mutual Release: You are solely and personally responsible for your own acts, omissions, conduct, and communications on the platform. In the event that a dispute, conflict, breach of contract, or tortious event arises between you and any other user (including disputes between Students/Parents and Tutors), you explicitly, unconditionally, and irrevocably release Lotus Edtech Services (My TutaSpace) (alongside our parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors, and assigns) from any and all claims, demands, causes of action, liabilities, and damages (both actual and consequential) of every kind, nature, and description, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way legally connected to such inter-user disputes.
7. PUBLIC DOMAIN DATA AND GENERAL INFORMATION DISCLAIMER
· Information Compilation: The educational data, profiles course directories, prices, and related structural information displayed on Lotus Edtech Services (MyTutaSpace) have been aggregated, compiled, and assimilated from various public domain sources, third-party educational websites, and user-submitted data.
· General Informational Purpose: All such details are provided strictly for general informational and reference purposes. While the Company employs reasonable efforts to regularly update, maintain, and audit this data to ensure baseline accuracy, we make no representations or warranties regarding its absolute completeness or real-time precision. To confirm specific educational requirements, enrollment policies, or structural details displayed on our website, we strongly recommend that you contact the respective Tutors directly.
8. GEOGRAPHIC AVAILABILITY AND COMMUNICATIONS DISCLAIMER
· Jurisdictional Limitations: Lotus Edtech Services (MyTutaSpace)controls, maintains, and operates this platform from various global operational locations. The Company makes no representation, warranty, or guarantee that the Website, its content, or its underlying Services are appropriate, legal, or available for use in all geographic territories or jurisdictions. Our services may be unavailable in your specific location, and the features, scope, or attributes of available services may vary drastically by region.
· Messaging System Delivery Disclaimers: The Company utilizes reasonable technical workflows to deliver all digital correspondence, calendar invites, and alerts transmitted through the Site's internal messaging infrastructure. However, due to the unpredictable nature of external servers, internet service providers, and telecommunication networks, Lotus Edtech Services (MyTutaSpace) does not guarantee the successful, error-free, or timely delivery of all messages, and shall not be held liable for communication failures outside its direct system control.
9. ACADEMIC INTEGRITY AND PROHIBITED SITE CONDUCT
· Educational Purpose: You acknowledge and agree that the services provided by Lotus Edtech Services (MyTutaSpace) are designed solely to facilitate educational learning and must not be used for any illegal or unauthorized purposes.
· Academic Dishonesty Ban: You strictly agree not to use the Site to engage or hire Tutors to complete coursework, write test or exam papers, take quizzes, or otherwise execute academic assignments on your behalf.
· Institutional Policy Compliance: You covenant that you will not use our services in any manner that violates the academic honesty policy, code of conduct, or cheating guidelines of your school, college, university, academic institution, or workplace.
· General Behavior Restraints: You explicitly agree not to utilize the Site to:
o Commit or encourage the violation of any local, state, national, or international law.
o Stalk, harass, abuse, or harm any other platform user.
o Harvest, collect, or store personal identity data of other users without authorization.
o Impersonate any individual or entity, or otherwise misrepresent your true affiliation with any person or organization.
o Interfere with, disrupt, or compromise the security of the Site, its services, or its connected network infrastructure, or disregard the operational regulations of networks tied to the platform.
· Content and Messaging Restraints: You are strictly prohibited from utilizing the Site or Mobile Application to transmit any communication, review, or message that is unlawful, libelous, defamatory, abusive, threatening, vulgar, obscene, profane, racially offensive, sexually explicit, or otherwise objectionable, as determined by Lotus Edtech Services (MyTutaSpace) in its sole discretion.
10. SYSTEM INTEGRITY AND COMMERCIAL RESTRICTIONS
Without our explicit, prior written consent, you are legally restricted from performing the following actions:
· Commercial Exploitation: You may not reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Site, its usage, or access pathways.
· Spam Prevention: You may not allow, enable, or support the distribution of mass unsolicited commercial advertising, cold emails, or solicitations (spam) via the platform's transmission tools.
· Automated Data Scrapping: You may not deploy any high-volume, automated, or electronic systems (including robots, spiders, scripts, scrapers, or other automated data-mining tools) to access, monitor, or copy our Web pages or the proprietary content contained therein.
· Linking and Framing: You may not deep-link to the Site for any purpose, frame our interface elements, place pop-up windows over our pages, or otherwise alter the visual display and layout of our web pages
11. MODIFICATION OF SERVICES AND TECHNICAL DISRUPTIONS
· Right to Modify or Withdraw: Lotus Edtech Services (MyTutaSpace) reserves the absolute right, at its sole discretion, to modify, update, suspend, withdraw, or discontinue specific features, aspects, tools, or the entire structural ecosystem of the service at any time, where valid commercial, operational, security, or legal obligations require us to do so.
· Technical Failures and System Maintenance: You explicitly acknowledge that the platform may periodically experience technical difficulties, server downtime, scheduled maintenance windows, or disruptions caused by broader infrastructure failures across the global Internet. While Lotus Edtech Services (MyTutaSpace) covenants to use reasonable commercial skill, diligence, and care to mitigate, troubleshoot, and resolve these service interruptions where they fall entirely within our proprietary network control, Lotus Edtech Services (MyTutaSpace) shall have no liability for data loss or service unavailability resulting from such technical anomalies.
12. PAYMENT, BILLING, AND RATES
· Fees: Tutoring fees are billed according to our current rates listed on the Website or agreed upon via written package selections.
· Payment Terms: Payments must be made in full before a tutoring session begins.
· Currency & Taxes: All transactions are processed in currency rupees e.g.,Rs 1000 and may be subject to local taxes.
· Late Payments: Failure to clear balances on time may result in immediate suspension of upcoming tutoring slots.
PLEASE NOTE THAT ALL PAYMENTS MADE TO LOTUS EDTECH SERVICES (MY TUTASPACE) ARE NON-REFUNDABLE ONCE MADE.
We encourage you to clarify any doubts before making a payment for any Membership Plan or services offered by the Company.
12A. Commercial Terms and Transaction Execution
I) Adherence to Payment Policies
The User hereby agrees to strictly abide by the payment, settlement, and refund policies prescribed by Lotus Edtech Services (My TutaSpace) for Tutors, Students, and Educational Institutions. The User expressly undertakes to clear all financial liabilities and costs arising out of transactions executed on or through the platform.
The User hereby agrees to strictly abide by the payment, settlement, and refund policies prescribed by Lotus Edtech Services (My TutaSpace) for Tutors, Students, and Educational Institutions. The User expressly undertakes to clear all financial liabilities and costs arising out of transactions executed on or through the platform.
2) Breakdown of Consideration and Fees
The consideration payable by the User shall include, but is not limited to, the following components:
The consideration payable by the User shall include, but is not limited to, the following components:
· Tutor Professional Fees: The hourly or consolidated tuition rate explicitly listed by the Tutor on the platform.
· Logistics and Conveyance: Travel and transportation charges, where applicable, subject to mutual agreement and recorded through the platform.
· Cancellation Charges: Levies arising from late cancellations, governed strictly by the respective Tutor’s cancellation policy displayed on their profile.
· Platform Service Fees: Conveniences or booking fees charged by Lotus Edtech Services (My TutaSpace) to the Student for utilizing the digital interface.
· Tutor Commission: The contractually agreed platform commission or revenue-share deductible from payments due to the Tutor.
· Institutional Commission: The commercial commission or event-booking fee payable by registered Institutes to Lotus Edtech Services (MyTutaSpace) for listing courses, batches, or educational events.
III) Tax Compliance
All fees, commissions, and charges mentioned herein are exclusive of applicable statutory taxes. The User acknowledges liability for Goods and Services Tax (GST) and any other local ceases or surcharges levied by the Government of India, which shall be computed and collected at the time of invoicing.
13.THIRD-PARTY VERIFICATION AND CONSUMER REPORTS
I. Authoization and Consent
The User hereby grants explicit, unambiguous, and revocable consent to Lotus Edtech Services (MyTutaSpace) to collect, process, and disclose their personal data for conducting background verifications. Lotus Edtech Services (MyTutaSpace) may engage third-party consumer reporting and verification agencies to conduct checks, including but not limited to:
· Criminal background and police record verifications;
· Sex offender registry reviews;
· Credit scores and financial history assessments;
· Identity verification (including Aadhaar validation, PAN verification, or other government-issued IDs).
II. Disclaimer of Warranties and Independent Verification
All background checks are performed by independent third-party agencies. Lotus Edtech Services (M TutaSpace) does not independently verify the findings of these reports. The platform makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, timeliness, completeness, or validity of any information provided in such third-party reports.
III. Limitation of Liability and Intermediary Protection
Pursuant to Section 79 of the Information Technology Act, 2000, Lotus Edtech Services (MyTutaSpace) operates strictly as an intermediary. The platform shall not be held liable, legally or otherwise, for any inaccurate, outdated, or incomplete information contained in a third-party verification report. The User agrees to indemnify and hold harmless Lotus Edtech Services (MyTutaSpace) against any claims, damages, or legal actions arising out of errors or omissions in such reports.
14. CONFIDENTIALITY AND PROTECTION OF PROPRIETARY INFORMATION
I. Scope of Confidential Information
The User may, through the use of the Site or services, obtain direct or indirect access to certain proprietary and confidential information of Lotus Edtech Services (MyTutaSpace) and its affiliates. "Confidential Information" shall include, without limitation, technical data, source code, trade secrets, contractual terms, product roadmaps, program details, pricing structures, marketing strategies, business plans, and any other valuable information which by its nature or context should reasonably be understood to be confidential.
II. Obligations of Non-Disclosure and Restraint
The User agrees to hold all Confidential Information in strict confidence. The User shall use such information solely for the permitted purpose of utilizing the platform and shall not disclose, replicate, or distribute it to any third party without the express prior written consent of Lotus Edtech Services (MyTutaSpace). All right, title, and intellectual property interest in the Confidential Information shall vest exclusively with Lotus Edtech Services (MyTutaSpace) and its affiliates.
III. Equitable Remedies and Injunctive Relief
The User acknowledges that a breach of this Confidentiality clause will cause irreparable harm to Lotus Edtech Services (MyTutaSpace), for which monetary damages alone would be an inadequate remedy. Accordingly, in the event of an actual or threatened breach, Lotus Edtech Services (MyTutaSpace) shall be entitled to seek immediate injunctive relief, specific performance, and other equitable remedies under the Specific Relief Act, 1963, from a court of competent jurisdiction, in addition to any monetary damages available under law.
IV. Absolute Right of Suspension and Termination
Lotus Edtech Services (MyTutaSpace) reserves the absolute, unilateral right to review third-party reports to investigate complaints or evaluate user safety. The platform may, at its sole discretion and without prior notice or liability, suspend, restrict, or permanently terminate a User’s account based on the findings of a consumer report, or for any other reason deemed fit by the platform.
V. Dispute Resolution and Correction of Data
In compliance with the Digital Personal Data Protection (DPDP) Act, 2023, if a User believes that the data contained in a report is inaccurate, incomplete, or misleading, the User must directly contact the respective third-party verification agency to exercise their right to correction. Lotus Edtech Services (MyTutaSpace) is not obligated to mediate, alter, or rectify any data generated by a third-party screening provider.
15. THIRD-PARTY ADVERTISEMENTS, PROMOTIONS, AND EXTERNAL LINKS
I) Third-Party Commercial Content
Lotus Edtech Services (MyTutaSpace) may display commercial advertisements, sponsored listings, and promotional materials originating from third-party vendors or advertisers on the platform.
Lotus Edtech Services (MyTutaSpace) may display commercial advertisements, sponsored listings, and promotional materials originating from third-party vendors or advertisers on the platform.
II) Privity of Contract and Independent Dealings
Any correspondence, commercial transactions, or participation in promotional offers with such third-party advertisers—including the payment for, and delivery of, related goods, services, or educational content—are executed strictly under a separate contract between the User and the respective advertiser. No privity of contract exists between Lotus Edtech Services (MyTutaSpace) and the User regarding third-party vendor offerings.
Any correspondence, commercial transactions, or participation in promotional offers with such third-party advertisers—including the payment for, and delivery of, related goods, services, or educational content—are executed strictly under a separate contract between the User and the respective advertiser. No privity of contract exists between Lotus Edtech Services (MyTutaSpace) and the User regarding third-party vendor offerings.
III) Exclusion of Liability
In accordance with the Consumer Protection Act, 2019, and rules governing digital intermediaries, Lotus Edtech Services (MyTutaSpace) acts solely as a hosting medium for such advertisements. The platform does not endorse, verify, or warrant the quality, safety, or legality of third-party goods or services. Lotus Edtech Services (MyTutaSpace) shall not be held liable, directly or indirectly, for any loss, financial damage, deficiency of service, or legal dispute arising out of the User's engagement with such external advertisers.
In accordance with the Consumer Protection Act, 2019, and rules governing digital intermediaries, Lotus Edtech Services (MyTutaSpace) acts solely as a hosting medium for such advertisements. The platform does not endorse, verify, or warrant the quality, safety, or legality of third-party goods or services. Lotus Edtech Services (MyTutaSpace) shall not be held liable, directly or indirectly, for any loss, financial damage, deficiency of service, or legal dispute arising out of the User's engagement with such external advertisers.
16.THIRD-PARTY LINKS, CONTENT, AND INDEPENDENT RELATIONSHIP
I) Disclaimer of Endorsement
The display, hosting, or placement of any information, logos, hyperlinks, trade names, or brand markings of Tutors, Tuition Centers, coaching institutes, or other third-party entities on the Site does not constitute an endorsement, recommendation, or warranty of their services, opinions, or products by Lotus Edtech Services (MyTutaSpace).
The display, hosting, or placement of any information, logos, hyperlinks, trade names, or brand markings of Tutors, Tuition Centers, coaching institutes, or other third-party entities on the Site does not constitute an endorsement, recommendation, or warranty of their services, opinions, or products by Lotus Edtech Services (MyTutaSpace).
II) Assumption of Risk and Intermediary Safe Harbour
In accordance with Section 79 of the Information Technology Act, 2000, Lotus Edtech Services (MyTutaSpace) acts strictly as an intermediary hosting third-party content. The User assumes absolute responsibility and sole risk for choosing to visit, interact with, or patronize any such third-party entity. The User hereby holds Lotus Edtech Services (MyTutaSpace) harmless and indemnified against any loss, injury, or liability arising out of such interactions.
In accordance with Section 79 of the Information Technology Act, 2000, Lotus Edtech Services (MyTutaSpace) acts strictly as an intermediary hosting third-party content. The User assumes absolute responsibility and sole risk for choosing to visit, interact with, or patronize any such third-party entity. The User hereby holds Lotus Edtech Services (MyTutaSpace) harmless and indemnified against any loss, injury, or liability arising out of such interactions.
III) No Principal-Agent or Employment Relationship
This Agreement is executed on a principal-to-principal basis. Your use of the Site or registration as a Tutor, Student, does not create any partnership, joint venture, agency, franchise, or employer-employee relationship between you and Lotus Edtech Services (MyTutaSpace). Tutors operate as independent professionals and are not employees or authorized agents of the platform.
This Agreement is executed on a principal-to-principal basis. Your use of the Site or registration as a Tutor, Student, does not create any partnership, joint venture, agency, franchise, or employer-employee relationship between you and Lotus Edtech Services (MyTutaSpace). Tutors operate as independent professionals and are not employees or authorized agents of the platform.
IV). Third-Party Content Disclaimer
Lotus Edtech Services (MyTutaSpace) exercises no editorial control over the information, reviews, answers, or study materials uploaded by Tutors,or other users. The platform does not verify such content, which you may occasionally find to be inaccurate, offensive, misleading, or deceptive.
Lotus Edtech Services (MyTutaSpace) exercises no editorial control over the information, reviews, answers, or study materials uploaded by Tutors,or other users. The platform does not verify such content, which you may occasionally find to be inaccurate, offensive, misleading, or deceptive.
V). User Responsibility to Evaluate Content
The User is solely responsible for independently evaluating the accuracy, safety, competence, completeness, and utility of any opinion, educational answer, or content available through the Site or via external links. Users are advised to seek professional counsel or independent verification prior to relying on any specific opinion, study material, product, or service.
The User is solely responsible for independently evaluating the accuracy, safety, competence, completeness, and utility of any opinion, educational answer, or content available through the Site or via external links. Users are advised to seek professional counsel or independent verification prior to relying on any specific opinion, study material, product, or service.
17. TEXT MESSAGES, PROMOTIONAL ALERTS, AND PUSH NOTIFICATIONS
I) Consent to Communication and TRAI Compliance
By registering on the platform and providing your mobile number, you grant Lotus Edtech Services (MyTutaSpace) explicit and transactional consent to send transactional, operational, and promotional alerts via Short Message Service (SMS), WhatsApp, push notifications, and automated phone calls regarding new student messages, job opportunities, and platform updates ("Communication Program").
By registering on the platform and providing your mobile number, you grant Lotus Edtech Services (MyTutaSpace) explicit and transactional consent to send transactional, operational, and promotional alerts via Short Message Service (SMS), WhatsApp, push notifications, and automated phone calls regarding new student messages, job opportunities, and platform updates ("Communication Program").
II) Carrier Charges
The User acknowledges that standard data, messaging, and roaming tariffs may apply for any incoming or outgoing communication as per the terms of their respective Indian telecom service provider (e.g., Jio, Airtel, Vi). Lotus Edtech Services (MyTutaSpace) shall not be responsible for any telecom bills or data overage charges incurred by the User.
The User acknowledges that standard data, messaging, and roaming tariffs may apply for any incoming or outgoing communication as per the terms of their respective Indian telecom service provider (e.g., Jio, Airtel, Vi). Lotus Edtech Services (MyTutaSpace) shall not be responsible for any telecom bills or data overage charges incurred by the User.
III) DND (Do Not Disturb) and UCC Regulations
This communication protocol strictly complies with the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, issued by TRAI. If your number is registered on the National Do Not Call (NDNC) registry or the National Customer Preference Register (NCPR), you explicitly agree that communications sent by Lotus Edtech Services (MyTutaSpace) under this program are solicited and requested transactional communications and shall not be treated as Unsolicited Commercial Communication.
This communication protocol strictly complies with the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, issued by TRAI. If your number is registered on the National Do Not Call (NDNC) registry or the National Customer Preference Register (NCPR), you explicitly agree that communications sent by Lotus Edtech Services (MyTutaSpace) under this program are solicited and requested transactional communications and shall not be treated as Unsolicited Commercial Communication.
IV) Opt-Out Mechanism
Users maintain the right to manage their communication preferences or opt out of promotional alerts at any time through their account settings or by following the specified keyword opt-out mechanism (e.g., replying "STOP" or using the provided unsubscribe link)
Users maintain the right to manage their communication preferences or opt out of promotional alerts at any time through their account settings or by following the specified keyword opt-out mechanism (e.g., replying "STOP" or using the provided unsubscribe link)
18. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETORSHIP
Ownership: All lesson plans, study templates, worksheets, audio-visual recordings, and website content are the exclusive intellectual property of the Company or its content creators.
I) LIMITED, REVOCABLE LICENSE
Lotus Edtech Services (MyTutaSpace) grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Site strictly for personal, non-commercial educational purposes, in accordance with these Terms. This permission may be revoked by the platform at any time, without assigning any reason or notice. The User shall not remove, alter, or obscure any trademark, copyright, or proprietary notices contained on the website pages.
Lotus Edtech Services (MyTutaSpace) grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Site strictly for personal, non-commercial educational purposes, in accordance with these Terms. This permission may be revoked by the platform at any time, without assigning any reason or notice. The User shall not remove, alter, or obscure any trademark, copyright, or proprietary notices contained on the website pages.
II) PROHIBITED TECHNICAL EXPLOITATION AND SCRAPING
No other use of the platform’s content is permitted. The User is strictly prohibited from incorporating the information, data, profiles, or content into any database, compilation, archive, or cache. Except as specifically authorized in writing, the User shall not deep-link, frame, mirror, or access the Site using automated tools including but not limited to robots, spiders, web crawlers, extraction software, automated scripts, or artificial intelligence models to scrape, copy, monitor, or extract data. Lotus Edtech Services (MyTutaSpace) reserves all statutory rights under the Copyright Act, 1957, and common law rights to initiate civil and criminal actions against any entity violating this provision.
No other use of the platform’s content is permitted. The User is strictly prohibited from incorporating the information, data, profiles, or content into any database, compilation, archive, or cache. Except as specifically authorized in writing, the User shall not deep-link, frame, mirror, or access the Site using automated tools including but not limited to robots, spiders, web crawlers, extraction software, automated scripts, or artificial intelligence models to scrape, copy, monitor, or extract data. Lotus Edtech Services (MyTutaSpace) reserves all statutory rights under the Copyright Act, 1957, and common law rights to initiate civil and criminal actions against any entity violating this provision.
III) Restrictions on Third-Party and Software Modification
Except as expressly authorized by Lotus Edtech Services (MyTutaSpace) or individual content providers, the User shall not modify, rent, lease, loan, sell, distribute, republish, download, or create derivative works of any content belonging to others. The User shall not decompile, reverse engineer, or disassemble any software or source code disclosed by Lotus Edtech Services (MyTutaSpace).
IV) Trademark Protection
"Lotus Edtech Services (MyTutaSpace) Trademarks" refers to all names, marks, brands, logos, designs, trade dress, and slogans used by the platform. Any unauthorized use, alteration, or co-branding of products or services with Lotus Edtech Services (MyTutaSpace) Trademarks without prior written consent is strictly prohibited and constitutes trademark infringement under the Trade Marks Act, 1999. All goodwill arising from the use of Lotus Edtech Services (MyTutaSpace) Trademarks shall incur exclusively to the benefit of the platform. The User shall not register or attempt to register any domain names, trademarks, or company names incorporating Lotus Ed Tech Service’s marks.
V) Terms of Content Usage and Automatic Termination
No license is conferred by estoppel, implication, or otherwise. Permission to display or download content owned by Lotus Edtech Services (MyTutaSpace) is granted strictly provided that:
No license is conferred by estoppel, implication, or otherwise. Permission to display or download content owned by Lotus Edtech Services (MyTutaSpace) is granted strictly provided that:
· The original copyright notice remains intact with an added "used with permission" attribution;
· The use is strictly personal and non-commercial;
· Content is not cross-posted onto any networked computer or public digital medium; and
· No modifications are made.
This permission terminates automatically upon any breach of these Terms. Upon termination, the User must immediately destroy all downloaded or printed materials
This permission terminates automatically upon any breach of these Terms. Upon termination, the User must immediately destroy all downloaded or printed materials
19. ACCOUNT SUSPENSION, TERMINATION, AND RIGHT TO ERASURE
I) Discretionary Deactivation and Deletion
Lotus Edtech Services (MyTutaSpace) reserves the absolute right to suspend (deactivate) or terminate (permanently delete) any User account, with or without notice, at its sole discretion, for any reason or no reason. Upon suspension or termination, the User is strictly barred from accessing, re-registering, or utilizing the Site or services through alternative profiles.
Lotus Edtech Services (MyTutaSpace) reserves the absolute right to suspend (deactivate) or terminate (permanently delete) any User account, with or without notice, at its sole discretion, for any reason or no reason. Upon suspension or termination, the User is strictly barred from accessing, re-registering, or utilizing the Site or services through alternative profiles.
II) Data Erasure Rights under DPDP Act, 2023
In compliance with Section 12 of the Digital Personal Data Protection (DPDP) Act, 2023, Users have the right to request the erasure of their personal data once the purpose for which it was collected is fulfilled or upon the withdrawal of their consent ("Right to Erasure")
In compliance with Section 12 of the Digital Personal Data Protection (DPDP) Act, 2023, Users have the right to request the erasure of their personal data once the purpose for which it was collected is fulfilled or upon the withdrawal of their consent ("Right to Erasure")
20. DISCLAIMER OF WARRANTIES
I) "As Is" and "As Available" Provision
Your use of the Site is at your absolute and sole risk. The platform, along with all information, services, content, and materials hosted therein, is provided strictly on an "as is", "as available", and "with all faults" basis. To the maximum extent permitted under applicable Indian law, Lotus Edtech Services (MyTutaSpace) explicitly disclaims all representations, conditions, and warranties of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, non-infringement, or fitness for a particular educational purpose.
Your use of the Site is at your absolute and sole risk. The platform, along with all information, services, content, and materials hosted therein, is provided strictly on an "as is", "as available", and "with all faults" basis. To the maximum extent permitted under applicable Indian law, Lotus Edtech Services (MyTutaSpace) explicitly disclaims all representations, conditions, and warranties of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, non-infringement, or fitness for a particular educational purpose.
II) Performance and Correction Disclaimer
Lotus Edtech Services (MyTutaSpace) makes no expressions, guarantees, or warranties that:
Lotus Edtech Services (MyTutaSpace) makes no expressions, guarantees, or warranties that:
· The digital platform will be uninterrupted, timely, secure, secure from cyber threats, or entirely error-free;
· The results, analytics, or student-tutor matches obtained from using the website will be accurate, optimal, or reliable;
· The pedagogical quality of any products, coaching services, course content, or instructional materials obtained from Tutors will meet your subjective expectations or specific academic requirements; or
· Any defects, bugs, or technical vulnerabilities in the operating software of the Site will be rectified.
III) Digital Infrastructure Risk
Any material or educational content downloaded, streamed, or otherwise obtained through the use of the platform is accessed at your own discretion and risk. The User shall be solely responsible for any resultant damage to their computer systems, smartphones, network infrastructure, or any loss of digital data that results from downloading such material, including damages caused by computer viruses, malware, or ransomware.
21. LIMITATION OF LIABILITY
I) Marketplace and Intermediary Safe Harbor Status
The User explicitly acknowledges that Lotus Edtech Services (MyTutaSpace) operates solely as a digital marketplace providing an intermediary platform to connect individuals seeking tutoring services ("Students") with independent service providers ("Tutors") Pursuant to Section 79 of the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020, Lotus Edtech Services (My TutaSpace) has no operational control over, and strictly disclaims any liability for, the acts, omissions, professional competence, background, or conduct of any User, whether online or offline.
II) Exclusion of User Interactions and Disputes
All commercial transactions, physical or digital interactions, and educational sessions are executed strictly between the Users themselves. Lotus Edtech Services (MyTutaSpace) is not a party to, nor can it be impleaded in, any disputes, claims, losses, academic failures, personal injuries, or property damages arising during or after a user interaction. The User hereby explicitly releases and discharges Lotus Edtech Services (MyTutaSpace) from any and all legal actions or claims arising out of the conduct or omissions of other platform users.
All commercial transactions, physical or digital interactions, and educational sessions are executed strictly between the Users themselves. Lotus Edtech Services (MyTutaSpace) is not a party to, nor can it be impleaded in, any disputes, claims, losses, academic failures, personal injuries, or property damages arising during or after a user interaction. The User hereby explicitly releases and discharges Lotus Edtech Services (MyTutaSpace) from any and all legal actions or claims arising out of the conduct or omissions of other platform users.
III) Exclusion of Consequential and Indirect Damages
To the fullest extent permitted by applicable Indian law, Lotus Edtech Services (MyTutaSpace), its directors, employees, or affiliates shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages. This includes, without limitation, loss of business, revenue, academic credits, tuition fees, profits, corporate goodwill, usage data, or other economic advantages, however arising. This limitation applies whether the claim sounds in breach of contract, tort (including active or passive negligence), or product liability, even if Lotus Edtech Services (MyTutaSpace) was previously advised of, or could have reasonably foreseen, the possibility of such damages.
To the fullest extent permitted by applicable Indian law, Lotus Edtech Services (MyTutaSpace), its directors, employees, or affiliates shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages. This includes, without limitation, loss of business, revenue, academic credits, tuition fees, profits, corporate goodwill, usage data, or other economic advantages, however arising. This limitation applies whether the claim sounds in breach of contract, tort (including active or passive negligence), or product liability, even if Lotus Edtech Services (MyTutaSpace) was previously advised of, or could have reasonably foreseen, the possibility of such damages.
IV) Financial Cap on Liability
In no event shall the total aggregate liability of Lotus Edtech Services (MyTutaSpace) to a User for all damages, losses, injuries, and causes of action (whether in contract, tort including negligence, or otherwise) exceed:
In no event shall the total aggregate liability of Lotus Edtech Services (MyTutaSpace) to a User for all damages, losses, injuries, and causes of action (whether in contract, tort including negligence, or otherwise) exceed:
· The actual amount paid by the specific User to Lotus Edtech Services (My TutaSpace) as platform service fees during the three (3) months immediately preceding the event giving rise to the liability; or
· INR 10,000 (Indian Rupees Ten Thousand Only),
whichever is lower.
whichever is lower.
V) Materiality and Reasonable Basis of Contract
Both the User and Lotus Edtech Services (MyTutaSpace) explicitly agree that the limitations of liability and disclaimers of warranty set forth in these Terms are material, bargained-for pillars of this Agreement. They have been directly factored into the commercial viability of the platform, the calculation of service fees, and the decision of both parties to enter into this contract. The User agrees that these limitations are fair, just, and reasonable under the Indian Contract Act, 1872.
Both the User and Lotus Edtech Services (MyTutaSpace) explicitly agree that the limitations of liability and disclaimers of warranty set forth in these Terms are material, bargained-for pillars of this Agreement. They have been directly factored into the commercial viability of the platform, the calculation of service fees, and the decision of both parties to enter into this contract. The User agrees that these limitations are fair, just, and reasonable under the Indian Contract Act, 1872.
VI) Sole and Exclusive Remedy
If you are dissatisfied with the operations of the platform, experience a deficiency of service, or do not agree with any structural provision of these Terms, your sole, absolute, and exclusive remedy is to immediately discontinue using the Site and delete your user profile.
If you are dissatisfied with the operations of the platform, experience a deficiency of service, or do not agree with any structural provision of these Terms, your sole, absolute, and exclusive remedy is to immediately discontinue using the Site and delete your user profile.
22. ASSUMPTION OF RISK AND SAFETY PRECAUTIONS
I) Absolute Assumption of Volitional Risk
The User explicitly acknowledges and agrees that they assume all risks associated with using the platform, including without limitation, any and all structural, emotional, physical, or financial risks arising out of online or offline interactions with other Users.
The User explicitly acknowledges and agrees that they assume all risks associated with using the platform, including without limitation, any and all structural, emotional, physical, or financial risks arising out of online or offline interactions with other Users.
II) Duty of Care and Safety Adherence
The User undertakes a strict personal duty of care to take all necessary precautions during interactions. This includes mandatorily reviewing and implementing the guidelines set out in Lotus Edtech Services (MyTutaSpace)’s Tutor and Student Safety Tips. For offline or home-based tuitions, the physical safety of the premises and verification of the counter-party remain the exclusive responsibility of the Users.
The User undertakes a strict personal duty of care to take all necessary precautions during interactions. This includes mandatorily reviewing and implementing the guidelines set out in Lotus Edtech Services (MyTutaSpace)’s Tutor and Student Safety Tips. For offline or home-based tuitions, the physical safety of the premises and verification of the counter-party remain the exclusive responsibility of the Users.
23. INDEMNIFICATION AND DEFENSE
I) Scope of Indemnity
The User hereby agrees to indemnify, defend, and hold harmless Lotus Edtech Services (MyTutaSpace), its parent company, subsidiaries, affiliates, shareholders, directors, officers, agents, licensors, suppliers, employees, and legal representatives from and against any and all third-party claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable advocate fees and litigation costs) arising out of or in any way related to the User’s:
The User hereby agrees to indemnify, defend, and hold harmless Lotus Edtech Services (MyTutaSpace), its parent company, subsidiaries, affiliates, shareholders, directors, officers, agents, licensors, suppliers, employees, and legal representatives from and against any and all third-party claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable advocate fees and litigation costs) arising out of or in any way related to the User’s:
· (a) Acts, omissions, or misconduct, whether occurring online on the platform or offline during physical sessions;
· (b) Infringement of any third-party intellectual property rights, including copyrights, trademarks, or proprietary educational data;
· (c) Material breach or non-performance of any provision contained in these Terms of Use;
· (d) Independent disputes or altercations initiated with or between other registered Users;
· (e) Misuse, data scraping, or unauthorized exploitation of the platform's infrastructure or contents;
· (f) Non-compliance with or violation of any applicable local, state, or national laws of India;
· (g) Submission of deceptive, fraudulent, outdated, or inaccurate profile documentation, KYC credentials, or tutoring eligibility declarations;
· (h) Reliance on third-party analytical reports, digital payment gateways, or integration with external communication modules.
II) Control of Defense and Legal Cooperation
The User agrees to provide full, prompt, and unconditional cooperation as requested by Lotus Edtech Services (MyTutaSpace) in defending any contested claim. Lotus Edtech Services (MyTutaSpace) reserves the absolute right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. The User shall not, under any circumstance, compromise, settle, or enter into any consent decree regarding a claim affecting Lotus Edtech Services (MyTutaSpace) without obtaining explicit prior written approval from the platform.
23. EQUITABLE REMEDIES AND INJUNCTIVE RELIEF
I) Irreparable Injury Acknowledgment
The User agrees that any material breach or threatened breach of these Terms, particularly regarding intellectual property rights and confidentiality, will cause immediate and irreparable harm to Lotus Edtech Services (MyTutaSpace). Monetary compensation alone would be an inadequate or illusory remedy under Indian law.
II) Injunctions under the Specific Relief Act
Accordingly, in addition to any monetary damages or legal recourses available under the Indian Contract Act, 1872, Lotus Edtech Services (MyTutaSpace) shall be legally entitled to seek interim and permanent injunctions, ad-interim stay orders, and specific performance under the Specific Relief Act, 1963, from a court of competent jurisdiction to restrain such breach. The User explicitly waives any statutory requirement for Lotus Edtech Services (MyTutaSpace) to post a security bond, bank guarantee, or indemnity bond as a pre-condition to obtaining such equitable relief.
24. NOTICES, AMENDMENTS, AND DISCONTINUANCE OF PLATFORM
I) Legal Delivery of Notices
Lotus Edtech Services (MyTutaSpace) may serve legal or operational notices to Users via registered email addresses, standard post, or by conspicuously publishing public notifications or hyperlinks on the digital dashboard of the Site. Notices published on the platform shall be deemed received by the User within twenty-four (24) hours of posting.
Lotus Edtech Services (MyTutaSpace) may serve legal or operational notices to Users via registered email addresses, standard post, or by conspicuously publishing public notifications or hyperlinks on the digital dashboard of the Site. Notices published on the platform shall be deemed received by the User within twenty-four (24) hours of posting.
II) Unilateral Modification and Service Suspension
Lotus Edtech Services (MyTutaSpace) reserves the absolute, unilateral right to modify, update, suspend, or permanently terminate the platform services (or any operational segment thereof) at any time, with or without prior notice. The platform may securely purge, delete, or block access to any user files, logs, or profile portfolios. Lotus Edtech Services (MyTutaSpace) shall not be liable to any User or third-party for any modification, suspension, termination of service, or consequential loss of digital data.
Lotus Edtech Services (MyTutaSpace) reserves the absolute, unilateral right to modify, update, suspend, or permanently terminate the platform services (or any operational segment thereof) at any time, with or without prior notice. The platform may securely purge, delete, or block access to any user files, logs, or profile portfolios. Lotus Edtech Services (MyTutaSpace) shall not be liable to any User or third-party for any modification, suspension, termination of service, or consequential loss of digital data.
III) Lotus Edtech Services (MyTutaSpace) may amend these Terms at its sole discretion by posting the revised version on the Site. Continued usage of the platform after the posting of such updates constitutes the User's binding acceptance of the amended Terms.
25. Entire Agreement and Non-Assignability
I) These Terms constitute the entire, absolute legal agreement between the User and Lotus Edtech Services (MyTutaSpace) regarding its subject matter. It cancels, rescinds, and supersedes all prior contemporaneous oral or written proposals, agreements, representations, side-letters, or understandings.
II) Restriction on Assignment
The User shall not assign, delegate, sub-license, or otherwise transfer their rights or operational obligations under these Terms to any third-party without the express, prior written consent of Lotus Edtech Services (MyTutaSpace). Any attempted unauthorized assignment shall be void ab initio (invalid from the beginning).
The User shall not assign, delegate, sub-license, or otherwise transfer their rights or operational obligations under these Terms to any third-party without the express, prior written consent of Lotus Edtech Services (MyTutaSpace). Any attempted unauthorized assignment shall be void ab initio (invalid from the beginning).
26. CANCELLATION AND RESCHEDULING POLICY
· 24-Hour Notice: Clients must provide at least 24 hours' notice via the platform/email to cancel or reschedule a session without penalty.
· Late Cancellations: Cancellations made within less than 24 hours of the session start time will be billed at the full rate.
· No-Shows: If a student fails to join a session within [e.g., 15 minutes] of the scheduled start time, the session is forfeit and non-refundable.
· Tutor Absence: If a tutor cancels, the session will be rescheduled at no additional cost, or a replacement tutor will be provided.
27. CODE OF CONDUCT
· Respectful Environment: Both students and tutors must behave professionally, respectfully, and ethically. Abuse, harassment, or inappropriate behavior will result in immediate termination of the account without refund.
· Technical Readiness: For online sessions, the student is responsible for ensuring a stable internet connection, operational webcam, and functioning microphone.
· Academic Integrity: Tutors will guide learning but will not write essays, complete homework assignments, or assist during live exams on behalf of the student.
28. Non-Circulation (Direct Hiring) Policy
· Direct Hiring Ban: Tutors agree not to independently employ, contract, or pay any tutor introduced to them through our Website outside of our platform.
· Breach Penalty: Any attempt to bypass the platform's payment architecture will result in immediate service termination, permanent account ban, and potential legal action for damages shall not exceed the amount paid by the Client for the specific session in dispute.
29. Termination of Services
· We reserve the right to suspend or close your account at any time, with or without cause, for violation of these Terms or non-payment.
30.SEVERABILITY AND SAVINGS CLAUSE
If any term, covenant, condition, or provision of these Terms is held by a court of competent jurisdiction, regulatory authority, or appointed arbitrator to be invalid, void, illegal, or unenforceable under applicable local, state, or federal law, the parties explicitly intend and agree that such provision shall be modified, reformed, or replaced by a valid and enforceable provision that most closely approximates the original commercial intent, economic objective, and business purpose of the severed provision. The invalidity or unenforceability of any single provision shall not affect, impair, or invalidate the remaining provisions of these Terms, all of which shall remain in full force and effect and be construed as if such invalid provision had never been contained herein.
PRECEDENCE OF TERMS AND NON-WAIVER
These Terms shall constitute the primary legal framework governing the relationship between the parties and the provisioning of all digital or in-person educational Services. In the event of an irreconcilable conflict, ambiguity, or discrepancy between the provisions of these Terms and any other document, privacy policy, operational FAQ, or marketing content published on the Site, the provisions of these Terms shall absolute prevail, control, and supersede such conflicting materials for all purposes related to the usage of the Site.
Furthermore, no failure, delay, or omission by the Company to exercise or enforce any right, power, remedy, or privilege under these Terms shall operate as an express or implied waiver thereof. Any single or partial waiver of a breach or default by the User shall not constitute a continuing waiver, nor shall it create an expectation of future non-enforcement or preclude the Company from asserting its rights at any subsequent time.
33. MANDATORY TERM TERMINATION AND EXIT PROTOCOL
This Agreement is fully effective and legally binding upon the earlier of your explicit digital acceptance, account registration, or initial procurement of Services. If you do not completely, unequivocally, and unconditionally agree to be bound by each of the covenants set forth in these Terms and the incorporated Privacy Policy, you possess no legal license, authorization, or permission to utilize our Site or Services in any capacity. In such an event, you must immediately cease all access, terminate active browser sessions, and permanently exit the platform.
TERMS AND CONDITIONS FOR REGISTERED TUTORS
1. Eligibility and Statutory Warranties
The Tutor represents and warrants that they are at least eighteen (18) years of age. They must possess the lawfully required educational qualifications, degrees, and professional experience to provide tuition in the specific subjects they list on the Site.
2. Independent Contractor Status and Taxation
The relationship between the Tutor and Lotus Edtech Services (MyTutaSpace) is strictly on a principal-to-principal basis. The Tutor operates as an independent contractor. They are not an employee, agent, or partner of the platform.
· The Tutor assumes exclusive liability for computing and paying all statutory taxes, including Income Tax under the Income Tax Act, 1961, and GST, on any fees generated.
· Lotus Edtech Services (MyTutaSpace) does not issue work experience certificates, service letters, or employment testimonials.
3. Public Directory Visibility
The Tutor acknowledges and explicitly consents that the profile data, qualifications, and descriptions they enter on the platform will be visible to the general public. This data may be indexed, cached, and displayed by third-party web search engines like Google, Yahoo, and Bing.
4. Responsibility for Content and Indemnification
The Tutor holds sole, absolute civil liability for all information, reviews, credentials, and data they publish on the Site. The Tutor agrees to indemnify and hold harmless Lotus Edtech Services (MyTutaSpace) against any third-party claims, losses, or legal costs arising from inaccurate or deceptive listings.
5. Maintenance of Accurate KYC Data
The Tutor must provide and maintain authentic, current, and complete information, including legal name, residential address, telephone numbers, and qualifications. The platform reserves the right to request Know-Your-Customer (KYC) docents like Aadhaar or PAN cards for background validation at any time.
6. Anti-Circumvention and Contact Disclosures
The Tutor is strictly prohibited from embedding personal email addresses, phone numbers, social media links, or external URLs in open-text fields like "Tutoring Experience" or "Teaching Style". Contact details must only be entered in the fields specifically designated for them. Violation of this condition will result in immediate profile suspension or account termination without notice.
7. Mandatory Verification of Credentials
The Tutor is contractually bound to provide physical or digital proof of their academic degrees, identity, and background to the reasonable satisfaction of the Student or Parent prior to commencing any tuition engagement, or at any point during the tenure if requested.
8. No Guarantee of Leads or Business Volume
Lotus Edtech Services (MyTutaSpace) operates purely as a matchmaking directory. The platform does not guarantee that a Tutor will secure students, nor does it fix or arbitrate tuition fees. No minimum volume of student enquiries, business leads, or revenue is guaranteed during any subscription period.
9. Connects Conversion Policy
Lotus Edtech Services (MyTutaSpace) bears no responsibility if a Tutor fails to convert profile views or student leads into paid work through the platform’s "Connects" facility. Tutors are advised to check the lead view-count before applying. Replying on the same day an enquiry is posted yields optimal results, but the platform provides no refunds or warranties for unsuccessful outreach.
10. Communication Limitations and Forfeiture
Lotus Edtech Services (MyTutaSpace) is not responsible for communication failures, such as a student's mobile number being switched off, network unavailability, or a parent's refusal to respond to queries. "Connects" consumed to access such leads are completely non-refundable.
11. Best-Effort Requirement Verification
Tuitions posted on the platform are verified using basic telephonic and electronic screening filters on a best-effort basis. If a Student or Parent conceals relevant facts or changes their requirements, Lotus Edtech Services (MyTutaSpace) disclaims all liability for those omissions.
12. Pricing Autonomy
The Tutor accepts exclusive responsibility for the hourly rates, package fees, or session prices they quote for their services on the Site. All listed prices must be presented transparently to the user.
13. Bilateral Safety and Direct Payment Risks
Both Tutors and Students/Parents have the right to request and verify each other's permanent address and residential details before completing any transactions. Lotus Edtech Services (MyTutaSpace) assumes zero legal, administrative, or financial responsibility for direct payments, defaults, or monetary fraud occurring between the parties.
14. Comprehensive Indemnity
The Tutor agrees to defend, indemnify, and hold harmless Lotus Edtech Services (MyTutaSpace) from and against all actual or consequential claims, liabilities, damages, litigation costs, and expenses arising out of the Tutor's usage of the website or breach of platform policies.
15. Professional Feedback Decorum
When responding to ratings or reviews posted by students on the platform, the Tutor must maintain professional decorum. The Tutor shall not use abusive, threatening, defamatory, or disrespectful language against a Student, Parent, or their family members.
16. Secure Escrow and Payment Protection Services
Tutors are strongly advised to receive all instructional fees through Lotus Ed Tech (MyTutaSpace) Service’s integrated Payment Protection Service. The platform completely disclaims any tracking, accounting, or recovery obligations for offline cash handovers or direct bank transfers.
17. Non-Intervention in Contractual Disputes
Lotus Edtech Services (MyTutaSpace) acts purely as an intermediary interface and is not involved in the personal, academic, or physical interactions between Tutors and students. The platform is not liable for any disputes, arguments, academic failures, or misinterpretations arising between the parties.
18. Liability for Extraneous Representations
The Tutor is solely liable for any personal commitments, performance promises, or grade guarantees made to a student that extend beyond the verified terms listed on the platform. The Tutor shall keep Lotus Edtech Services (MyTutaSpace) indemnified against all student claims resulting from these extra-contractual promises.
19. Professional Code of Conduct
The Tutor must conduct themselves with the highest level of integrity, dignity, and professional ethics. They must adhere to the traditional teacher-student behavioral standards generally accepted in India.
20. Data Protection and Lead Trading Prohibition
All student contact information and lead details provided via the platform are for the Tutor's personal, non-commercial use to fulfill that specific assignment. In strict compliance with the DPDP Act, 2023, the Tutor shall not sell, lease, forward, or trade student data to other tutors or third-party institutions. Any breach will result in immediate account deletion, forfeiture of paid subscriptions, and legal action under Indian data protection laws.
TERMS AND CONDITIONS FOR REGISTERED STUDENTS AND PARENTS
1. Accuracy of Registration and KYC Data
The Student or Parent (acting as the lawful guardian) undertakes to register for the platform's services by providing completely precise, accurate, and current information. This includes full legal name, valid email address, verified mobile numbers, and residential details.
2. Detailing Tuition Requirements
When posting a tutoring request, the Student/Parent must provide comprehensive parameters regarding the specific curriculum (e.g., CBSE, ICSE, State Board, IB), class standard, subjects, and preferred mode of learning (online or offline) to ensure appropriate and targeted communication from service providers.
3. Lead Distribution, Telecommunication, and TRAI Compliance
The Student/Parent explicitly acknowledges and consents that any posted tuition requirement will be shared with the platform's registered and premium Tutors or Tuition Centers. These providers may call or message the user's verified contact number to discuss the requirement.
· To manage these communications and avoid unwanted solicitations, the Student/Parent must actively configure their Profile Privacy Settings on the dashboard.
· In accordance with TRAI guidelines, by posting a requirement, the user grants explicit transactional consent to be contacted by registered providers, superseding any generic National Do Not Call (NDNC) registry preferences.
4. Bilateral Verification Obligations
The Student/Parent has the right and the explicit responsibility to verify the absolute permanent address, identity proofs (such as Aadhaar, PAN card, or Voter ID), and academic credentials of a prospective Tutor prior to executing a physical or digital tuition engagement.
5. Mitigation of Financial Risk and Advance Payments
Students and Parents are explicitly cautioned not to process large advance fee payments to any Tutor without conducting appropriate diligence, verifying their permanent residential records, and establishing a trusted transactional history. Lotus Edtech Services (MyTutaSpace) bears no liability for recovery in cases of unverified upfront payments.
6. Digital Marketplace Status and Intermediary Disclaimer
The Student/Parent explicitly understands that Tutors and Tuition Centres are independent professionals and are not employees, agents, or representatives of Lotus Edtech Services (MyTutaSpace). The platform operates strictly as a digital marketplace (online intermediary) under Section 79 of the Information Technology Act, 2000. Lotus Edtech Services (MyTutaSpace) disclaims all responsibility for independently verifying the personal backgrounds, psychological behaviors, or moral characters of individual users.
7. Mandatory Payment Protection Services
For financial safety, Students and Parents are strongly advised to execute all fee transactions exclusively through Lotus Edtech Services (MyTutaSpace)’s integrated Payment Protection Service (Escrow). The platform assumes zero administrative, legal, or recovery responsibility for off-platform cash transactions or direct bank transfers.
8. Academic Integrity and Prohibition of Original Work Submission
Homework, project, and assignment help features hosted on the platform are intended strictly as pedagogical guidance and conceptual assistance. The Student/Parent contractually agrees that any materials, solutions, or models provided by Tutors will be utilized for private study purposes only. Submitting a Tutor’s output as original student work for school, college, or university course credits constitutes academic fraud, a material violation of these Terms, and violates institutional academic integrity guidelines in India.
9. Disclaimer of Academic Performance and Ranks
Academic results depend strictly on individual student effort, cognitive learning, and examination performance; therefore, no Tutor can guarantee specific marks, ranks, or grades. A student's final academic performance or failure to pass an examination shall not constitute a legal or valid ground to claim a financial refund from Lotus Edtech Services (MyTutaSpace) or the Tutor.
10. Review Etiquette and Civil Defamation Cautions
The Student/Parent shall exercise caution, balanced judgment, and non-defamatory language when publishing a public review or rating for a Tutor. Reviews must be restricted strictly to objective teaching competencies (e.g.communication skills, subject matter knowledge, patience, clarity). Publishing malicious, abusive, or false reviews will result in immediate content removal and may expose the user to civil and criminal liability for defamation under applicable Indian penal statutes.
11. Exclusion of Liability for Interpersonal Disputes
Lotus Edtech Services (MyTutaSpace) maintains absolute neutrality and is not involved in the independent physical, digital, or contractual interactions between Tutors and Students/Parents. The platform is not legally liable for any contractual breaches, fee disagreements, or interpersonal arguments. Users may voluntarily seek non-binding mediation suggestions from the platform to settle disputes amicably.
12. Code of Conduct and Behavioral Norms
The Student is expected to maintain disciplined, respectful, and ideal behavior during all tutoring sessions, adhering to the traditional cultural, ethical, and pedagogical norms prevalent within the Indian educational ecosystem.
13. Non-Compensation for Account Deactivation or Discontinuation
Lotus Edtech Services (MyTutaSpace) reserves the absolute right to deactivate, suspend, or terminate any Tutor's account for violation of platform terms. The platform shall not be liable to offer any financial compensation, substitute service, or damages of any nature to the Student/Parent if a Tutor’s profile is deactivated, or if a Tutor independently chooses to discontinue or shorten their pre-booked tutoring sessions.
14. Assumption of Physical Safety Risks and Comprehensive Waiver
The Student/Parent agrees to exercise exhaustive due diligence and make intuitive, cautious decisions before choosing to take up a tutoring assignment or inviting a tutor into their premises. Lotus Edtech Services (MyTutaSpace) explicitly disclaims all liability for any unforeseen, unfortunate, or illegal events occurring during off-platform or physical sessions. This includes, but is not limited to, bodily injury, medical emergencies, mental harassment, theft, or any forms of criminal or sexual misconduct. Any such offenses shall be prosecuted strictly against the individual perpetrator under standard Indian laws, entirely bypassing the platform.
10. Governing Law and Dispute Resolution
· Jurisdiction: These Terms are governed by the laws of Goa /India without regard to conflict of law principles.
· Arbitration: Any disputes arising out of these Terms shall be settled through binding arbitration in Goa , India before pursuing formal courtroom litigation.
11. Changes to Terms
We may revise these Terms occasionally. We will notify you of substantial changes by updating the "Last Updated" date or via email notifications. Your continued use of our services constitutes acceptance of the new terms.
12. Contact Information
For any legal inquiries regarding these Terms, please contact us at:
· Email : info@mytutaspace.com
Address: Umiya Quatro plot C Flat No .E-202 Dabolim Airport Vasco Goa 403801.
