TERMS OF USE

1. ABOUT US

Cue Learn Private Limited having its registered office at Smartworks Vaishnavi Tech Park, Sy. No.16/1 and 17/2, Bellandur Gate, Sarjapur Main Rd, Ambalipura, Bengaluru, Karnataka 560102, is engaged in providing Mathematics, Computing and aligned Subject(s) learning program that is relevant for students of all classes, in the Indian or International educational scenarios (hereinafter referred to as “Cue Learn”, or Cuemath or “we” or “us” or the “Company”).

 

2. GENERAL

2.1. Our Terms of Use defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered with us. The Terms of Use herein are inclusive in nature and non-exhaustive and will deem to include any further terms which are conveyed via mail or along with material disbursed or sold. If you have any questions about any part of the Terms of Use, feel free to contact us at [email protected].

2.2. This Terms of Use supersedes all previous oral and written terms and conditions (if any) communicated to you.

2.3. Your accessing or using our Site, Application or Services by means of a computer system or a hand device or any other electronic means, in any manner whatsoever, including and not limited to visiting, surfing and copying, downloading, uploading of any content whether in text, numeric, drawing etc, shall mean that you have read, understood and have consented to be bound by our Terms of Use, without any modification.

2.4. Your submission of any personal information shall be governed by our Terms of Use (in particular, by the Privacy Policy) as applicable and provided on our website.

2.5. Please ensure that you read and understand our Terms of Use before you use the Site, Application, or Services, if you do not accept any of the Terms of Use, then please do not use the Site, Application, or Services or avail any of the services being provided therein.

2.6. Your agreement to our Terms of Use shall operate as a binding agreement between you and Cuemath in respect of the use of the site, application or availing of services.

2.7. Any term used in this Terms of Use and not defined herein shall have the meaning as defined in the Privacy Policy.

2.8. Words denoting the singular shall include the plural and vice versa.

2.9. Words denoting any particular gender shall include all genders.

2.10. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Terms of Use or the right to use the Website by the Users contained herein or any other section or pages of the Website in any manner whatsoever.

 

3. TERM AND TERMINATION

3.1. This Term of Use will remain in full force and effect while you use the Website in any form or capacity.

3.2. The Company reserves the right to terminate your access to the Website and this Term of Use in the event of the following by You-

3.2.1. breach of any terms contained herein,

3.2.2. misrepresentation of information,

3.2.3. any unlawful activity or

3.2.4. any information submitted by You to the Company through the Website is unable to be verified or is authenticated.

3.3. Clauses under the headings User Covenants, Limitation of Liability, Indemnity, Disclaimer, Intellectual Property Rights, Dispute Resolution shall continue and survive the termination of this Terms of Use.

 

4. DEFINITION

4.1. Affiliation Charges – Charges Paid by Tutors for undertaking training and getting certified as Cuemath Tutor.

4.2. Cuemath – A company named Cue Learn Private Limited formed and registered under the Indian Laws.

4.3. Cuemath Learning Program - Mathematics, Computing and aligned Subject(s) learning program provided by Cuemath that is relevant for students of all classes, in the Indian or International educational scenarios.

4.4. Student Fee – Fee paid by or for or on behalf of a student for taking Cuemath Learning Program.

4.5. Terms of Use – Terms of Use means this document read together with the privacy policy, disclaimers, and other policies applicable in general and/ or specific to this Website and available on www.cuemath.com.

4.6. Website - The Website of the Company means www.cuemath.com.

 

5. APPLICABILITY

5.1. This Terms of Use applies to you whether you are:

5.1.1. A Tutor who has been associated with us or seeks to be associated with us as a Tutor for teaching Cuemath Learning Program to the student(s) (“Tutors”, “You” or “User”); or

5.1.2. A student or a parent or a legal guardian, using our Website (“You”, or “User”); or

5.1.3. Any person using Cuemath Learning Program (“You”, or “User”); or

5.1.4. Otherwise, a user of the Website (“you” or “User”).

5.2. This Terms of Use applies to your visit to and your use of the Website, as well as to all information provided by you on the Website at any given point in time.

 

6. PURPOSE OF THE WEBSITE

6.1. The Website of the Company is meant to provide information to the public about the -

6.1.1. Company.

6.1.2. the services and incidental services provided by the Company including without limitation, the information pertaining to the Cuemath Learning Program.

6.2. The Website facilitates the services rendered by the Company, and provides for, including and limited to the registration of the tutors, parents/ legal guardians of the student(s) and the student(s), desirous of being part of the Cuemath Learning Program, on the Website.

6.3. The Website facilitates to create/ register an account with us for availing Cuemath Learning Program.

 

7. USE OF THE WEBSITE

7.1. Your access of the Website will solely be at the discretion of the Company.

7.2. The Company authorizes you to access the Website solely, to acquire information or enrol/ register or be part of the Cuemath Learning Program of the Company.

7.3. The Company reserves the right, at its sole discretion, to suspend/ prohibit/ restrict your ability to use or access the Website (or a part thereof) at any time, while the Company investigates complaints or alleged violations of this Terms of Use, or for any other reason, whatsoever, including but not limited to your misusing the Website in any manner.

7.4. The use of the Website is governed by the Company’s Privacy and other Policies which you hereby undertake to adhere to immediately upon first access of the website. The Company’s Privacy and other Policies set forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about you in connection with the Services and such other issues as stated in such Policies.

 

8. USE OF THE ACCOUNT CREATED/REGISTERED ON THE WEBSITE

8.1. Your access of the account registered on the Website, will solely be at the discretion of the Company.

8.2. You shall not allow any party other than yourself (or your children for whom the account is created/ registered in case you are a parent/ legal guardian) to use or have access to the account registered on the Website or disclose to any third party any content of the account registered on the Website.

8.3. Any violation of the term of the above-mentioned sub-clause will be viewed seriously by us and we reserve the right to take all action under this Terms of Use or under the law against you to prevent any illegal use, disclosure, or access by/ to you or any third party.

8.4. The Company reserves the right to accept or reject or suspend or put on hold, your registration on the Website.

 

9. USER COVENANTS

9.1. By registering on the Website or contacting us through the Website, you represent that you are not a minor and legally entitled to contract under applicable law, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Terms of Use or use the Website.

9.2. In the event you are a minor as per applicable law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to access the Website, you may not register or contact us through the Website, however, your parents/ legal guardian may contact us on your behalf provided they are compliant to clause 9.1.

9.3. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, and Cuemath Learning Program.

9.4. You agree that you are not permitted under Regulation 3(2) of the IG Rules, and shall be bound to such Rules to the extent it is applicable to the Terms of Use, even if these Rules are not applicable to you, and will not host, display, upload, modify, publish, transmit, update, collect, store, or share any information that -

9.4.1. belongs to another person and to which you do not have any right;

9.4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

9.4.3. harms minors in any way;

9.4.4. infringes any patent, trademark, copyright or other proprietary rights;

9.4.5. violates any law for the time being in force;

9.4.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly false, offensive or menacing in nature;

9.4.7. impersonates or defames us or any other person;

9.4.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; and

9.4.9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

9.5. You are also prohibited from and you agree that you shall not be:

9.5.1. using the Site, Application, Services or Cuemath Learning Program for any commercial or other purposes that are not expressly permitted herein this Terms of Use;

9.5.2. using, copying, mirroring, framing, displaying Cuemath’s Website, Cuemath Learning Program or any content therefrom, without our prior written consent.

9.5.3. violating or attempting to violate the integrity or security of the Website;

9.5.4. transmitting any information on or through the Website that is disruptive or competitive to the provision of the services provided by the Company;

9.5.5. intentionally submitting on the Website any incomplete, false or inaccurate information;

9.5.6. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

9.5.7. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

9.5.8. copying or duplicating in any manner any of the information available from the Website; and

9.5.9. framing or hotlinking or deep linking any contents from the Website.

 

10. USER’s PERSONAL INFORMATION

10.1. To enroll/register or be part of the Cuemath Learning Program of the Company, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.

10.2. You hereby authorize the Company to

10.2.1. use your submitted information to contact you through SMS, e-Mail, WhatsApp or any other medium not specified.

10.2.2. maintain a record of your queries, visit of the Website, and/ or feedback; and

10.2.3. use all submitted information by you in such manner, as we may deem fit or necessary.

10.3. User Submissions

You understand that when using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

 

11. TUTOR'S RELATED

11.1. Eligibility Criteria to become a Tutor

11.1.1. You are not eligible to register as a Tutor if you are a minor in accordance to the applicable law. By registering yourself as Tutor you represent that you are of legal age to form a binding contract under the applicable law.

11.1.2. You should be a graduate with Mathematics discipline.

11.1.3. You should be willing to conduct the sessions/classes at home or at designated premises or digitally.

11.1.4. You have to provide certain information required on the Website. You shall ensure that the information provided by You in the Website's registration form is complete, accurate and up to date.

11.1.5. Every tutor is certified to teach in the relevant markets (whether Indian or International) on completion and continued attainment of specified goals (by Cuemath) for students.

11.1.6. You will not be considered as an employee of the Company at any stage while you are registered as Tutor.

11.2. Facilitation for your registration by the Company

The Company shall allow and facilitate your registering as Tutor, only if You have provided to the Company certain information required, on the Website or otherwise, as may be stipulated from time to time. After the completion of the registration on the Website or otherwise by you and post evaluating and analysing your information, the representatives of the Company will contact You.

11.3. Obligations of the Tutor

11.3.1. You shall establish and maintain such facilities and such appropriate, attractive, accessible premises, if applicable, for running the Cuemath Learning Program.

11.3.2. You shall always perform your obligations in professional, ethical, legal and socially responsible manner and shall not involve yourself in any act involving moral turpitude or any act which may give rise to anti-national feelings or discrimination based on caste, creed, sex or religion or involve in any act which may cause mental or physical injury to any of the students.

11.3.3. You undertake the responsibility of conducting interactive sessions with students and their parents/ guardians with the aim to facilitate an understanding of Cuemath Learning Program and address all academic and non-academic queries / issues raised by the concerned person attending such interactive session to their satisfaction.

11.3.4. You shall not have any claim, whatsoever, on the content relevant to run the program, including worksheets, tablet-based apps, softwares and any other learning material including the logo and brand name of the Company (“Content”) and shall not acquire any right, title or interest in or to the Intellectual Property.

11.3.5. You shall also endeavour to protect the confidential information and goodwill of the Company

11.3.6. You agree to fully indemnify Cue Learn, its directors, its employees, its officers from any claim, damage, loss, decree, order, judgment, expense, liability or financial obligation of any nature whatsoever arising out of your negligence, default, action, omission, breach of any applicable laws and any illegal conduct.

11.3.7. A tutor shall endeavour to support the Company in the marketing and promotion of the Cuemath Learning Program, Suo moto or as desired by the Company for which You and Company may agree to certain incentives.

11.3.8. The tutor is responsible for organizing a Parents Tutor Meetings (PTM) on a regular basis as specified by Cuemath.

11.4. Refund of Affiliation Fee effective from 15 Jan 2021

Applicant(s) are requested to read the refund policy carefully as it is linked to lapse of time.

11.4.1   The enrolment fee is eligible for refund in full If the Applicant(s) wants to exit the course within 20 days of the payment of enrolment fee for following reasons—

i)   Not clearing english proficiency test(s) as mandated by Cuemath; or

ii)  Not clearing the math or coding tests as mandated by Cuemath tutor onboarding team.

11.4.2   The enrolment fee shall not be refunded, for any reason, whatsoever, in the following cases:

1. After lapse of 20 days of the payment of enrolment fees; or
2. Not clearing the mandated test(s) by Cuemath within 20 days of the payment of enrolment fees
3. After dispatch of Tab to the Tutor by Cuemath

 

11.4.3   Please note:

i)   Tab is dispatched on your successful completion of Online Assessments only.

ii)  Once dispatched, tab cannot be returned by the tutor, for any reason whatsoever, to Cuemath.

11.5. Pause and Rescheduling Benefits policy

11.5.1. Short Planned Pause

11.5.1.1. This pause option has been discontinued with effect from September 9, 2023. If a pause has been applied for, prior to September 9, 2023, it shall not be revoked.

11.5.2. Emergency Pause Benefit

11.5.2.1. A Tutor may avail emergency pause benefit , however, only for 6 (six) days in a calendar quarter. For ease of understanding, it is hereby clarified that the first calendar quarter runs from January 1st to March 31st each year (“Emergency Pause Benefit”).

11.5.2.2. An Emergency Pause Benefit may be applied for by a Tutor using the Cueteacher App at least 15 (fifteen) minutes before the scheduled class start time. Failing to do so, shall be deemed as a No-show and non-provision of services by the Tutor, and shall be accordingly subject to a No-show deduction of INR 500 (Indian Rupees Five Hundred only) per missed regular class from the fee payable to such Tutor(“No-show Deduction”), towards the costs incurred by the Company.

11.5.2.3. In the event a class is cancelled pursuant to a Tutor availing the Emergency Pause Benefit, the Tutor shall be obligated to provide a make-up class within 60 (sixty) days of such cancellation or prior to the completion of the student's tenure, whichever is earlier, in the interest of the student's learning process. The Tutor shall inform the parents of the concerned student promptly about the canceled class and the arrangements for the make-up class. The Tutor and the parents will mutually agree on the date and time of the make-up class.

11.5.2.4. If a Tutor is unable to provide a make-up class within the specified timeframe, it shall be considered a breach of this policy. In such cases, the Tutor may be subject to a No-show Deduction of INR 500 (Indian Rupees Five Hundred only) per missed make-up class from their dues payable by the Company, towards the costs incurred by the Company. The Tutor shall be solely responsible for informing the parents and the Company of their inability to provide a makeup class within the specified timeframe.

11.5.3. Planned Pause Benefit

11.5.3.1. A Tutor is entitled to avail planned pause benefit for up to 36 (thirty six) days (“Planned Pause Benefit) in a calendar year and apply for a pause using the Cueteacher App as part of this benefit . The program tenure of the students associated with a Tutor availing such Planned Pause Benefit shall be correspondingly extended.

11.5.3.2. The minimum duration for which such Planned Pause Benefit may be applied for is 1 (one) day and multiples of a day.

11.5.3.3. Planned Pause Benefits shall accrue from January 1st of each calendar year.

11.5.3.4. For availing the Planned Pause Benefits, a Tutor must apply for such benefit using the Cueteacher App at least 1 (one) day prior to the intended pause start time. Failing to do so, shall will be deemed as a No-show and as non- provisioning of services by the Tutor, and shall accordingly be subject to a No-show Deduction of INR 500 (Indian Rupees Five Hundred only) per missed regular class from the fee payable to such Tutor, towards the costs incurred by the Company.

11.6. Student Transfer Policy

11.6.1. Upon request or due to continued unavailability of tutor or lack of adequate quality of class, or at sole discretion of the Cuemath, the student may be transferred to another tutor.

11.6.2. Such a transfer will be with prior consultation with the parents/ guardians of student. Such transfers will be initiated and processed by Cuemath at its sole discretion.

11.6.3. In case of the student transfer, the number of classes of the student remains as it is, depending on the tenure of the subscription.

11.6.4. Student fee per class for the transferred student will be as per the class structure: 1:1 or 1:many.

11.7. Demo Allocation/Conversion Policy

11.7.1. Student demo assignment will be as per the sole discretion of Cuemath and no fees or charges shall be paid for the same.

11.7.2. Demo can be assigned to any tutor, from time to time, depending on the availability of their slot, historical demo conversion, compliance, retention, and such applications.

11.7.3. Cuemath team will be responsible for all follow-ups after the demo is done. A tutor under no circumstance should contact the parent/ guardian for a follow up, until and unless so communicated or requested by the Cuemath team.

11.7.4. In case of a successful demo conversion every attempt will be made to assign the student to the tutor who conducted the demo. If however, for reasons such as unavailability of preferred slots, disciplinary issues, lack of satisfactory class performance, Cuemath may reassign the student to another tutor at its sole discretion.

11.7.5. Last demo taken before payment, will be considered as the successful demo.

 

12. PARENTs/STUDENTs ENROLLED/SEEKING TO ENROL RELATED

12.1. Information to the Parent

12.1.1. The Company may make available the facility of enrolling Your child/children for Cuemath Learning Program after You have provided the Company information as required by way of a written / online application submitted to the Company (the “Information”).

12.1.2. You shall ensure that the Information provided by You in the Website's registration form or otherwise is complete, accurate and up to date.

12.1.3. If You provide any Information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse or cancel the enrolment of Your child.

12.1.4 By giving your details you acknowledge by giving consent that you shall be contacted by Cuemath and your call may be monitored or recorded for quality assurance and training purposes.

12.2. Obligations of the Parent

12.2.1. The fee is payable in advance for the program duration.

12.2.2. You shall pay the tenure fees, as prescribed, in the designated account mentioned on the invoice. If You default in payment of the fees for a successive period of seven (7) days, the enrolment of the student shall stand cancelled and You/Your child will not be entitled to receive the benefit(s) under the Cuemath Learning Program.

12.2.3. You shall be responsible for the conveyance of the Your child/children to and from the premises used for teaching by Tutor to your own premises and vice versa, if applicable. The Tutor or the Company shall not hold any responsibility, whatsoever, with respect to such conveyance to and from the premises, in cases, where applicable.

12.2.4. You shall not have any claim, whatsoever, on the Content provided by the Company and shall not acquire any right, title, or interest in or to the Content.

12.2.5. Where a parent/ student is discontinuing with Cuemath Learning Program, access to the account, app etc shall be suspended.

12.3. Class Related

12.3.1. A class is defined as NO SHOW if the student has not joined the class within 10 minutes of the scheduled start time, the class may be cancelled, without any compensatory class and will be treated as a missed class, fully chargeable.

12.3.2. NO SHOWs are not entitled to a compensatory class. However, with a prior written notice of 12 hours communicated to Cuemath, Cuemath will help you reschedule the class.

12.3.3. For quality purposes, Cuemath will maintain a digital record of the class which will be property of Cuemath always and Cuemath reserve the right to analysis the recorded data for such purpose as may be deemed suitable for enhancement of the course, quality of teaching, class experience etc.

12.3.4. Depending on the tuition fee and the tenure, the student is entitled to get a maximum number of classes within the stipulated period.

12.3.5. For NO SHOW due to technical issues, Cuemath will arrange for compensatory classes if the student/guardian has reached out to the tutor/ Cuemath’s help desk at least 3 hours before the scheduled classes. In case technical issues are experienced during or before the class hours, Cuemath will arrange for compensatory classes, if the reported issue is found true and is validated by Cuemath team.

12.4. Student Pause and Rescheduling Benefit Policy

12.4.1. Emergency Rescheduling Benefit

12.4.1.1. We understand that unforeseen circumstances may arise, and as a result, students may not be able to attend a particular class and may need to have it either cancelled or rescheduled. To accommodate such situations, we offer an "Emergency Rescheduling Benefit" which allows Parents to get up to 6 (six) classes in a calendar quarter, rescheduled on behalf of the student. For purposes of clarity, the first calendar quarter of the year runs from January 1st to March 31st.

12.4.1.2. This benefit may be utilized by Parents for rescheduling a maximum of 6 (six) classes per calendar quarter in case of illness or an emergency.

12.4.1.3. If a class is cancelled as a result of this benefit, a student is entitled to a make-up class in lieu of each missed class. Within 60 (sixty) days of the date of the missed class or before the student's programme term is complete, whichever is earlier, the Tutor will propose a make-up class slot. The make-up class will be scheduled in addition to the regular class schedule, and the Tutor and Parents will work together to agree on a date and time for the make-up class.

12.4.1.4. If the make-up class is not taken within the specified time slot, for any reason whatsoever the missed class shall be considered as lapsed and will not be rescheduled or compensated in any way. It is the responsibility of the Parents to ensure that the make-up class is scheduled and conducted within the prescribed timeline to avoid forfeiture of the missed class.

12.4.1.5. Parents must apply for availing the Emergency Rescheduling Benefit using the Cuemath application at least 1 (one) minute prior to the scheduled class start time.

12.4.1.6. Any unused units, accrued pursuant to the Emergency Rescheduling Benefit, shall be deemed to have lapsed at the end of a calendar quarter, and shall not be carried over to the subsequent quarter.

12.4.2. Pause for a Week Benefit

12.4.2.1. This pause option has been discontinued with effect from September 9, 2023. If a pause has been applied for, prior to September 9, 2023, it shall not be revoked.

12.4.3. Planned Pause Benefit

12.4.3.1. Parents, on behalf of the student, are entitled to apply for a planned pause of up to 60 (sixty) days during a calendar year (“Planned Pause Benefit”) to accommodate various breaks and vacations.

12.4.3.2. Planned Pause Benefit, if availed in accordance with this Clause 12.4.3,, shall result in an extension of the program tenure for the student.

12.4.3.3. Units for availing the Planned Pause Benefit shall be allotted to each student on the date of onboarding and subsequently on January 1st of every calendar year, on a prorated basis. For example, if a student joins on September 15, we will get only 30 days of pause on the date of joining.

12.4.3.4. Parents must apply for availing the Planned Pause Benefit using the Cuemath application at least 1 (one) day before the scheduled class start time.

12.4.3.5. The minimum duration for which such Planned Pause Benefit may be applied for is 1 (one) day and multiples of a day.

12.4.3.6. Any unused units, accrued pursuant to the Planned Pause Benefit, shall be deemed to have lapsed at the end of the calendar year and shall not be carried over to the subsequent year.

12.4.4. Other conditions

12.4.4.1. For availing any of the aforementioned benefits, Parents must apply for the same using the Cuemath application, on behalf of the student, within the prescribed time limit.

12.4.4.2. The Parents shall be solely responsible to ensure that the pause is applied in a timely manner, through the Cuemath application and as per the process enumerated hereinbefore. If a Parent fails to do so, , the class schedule will remain unchanged and the Company shall have no liability for the same. It is being clarified further that no other form of communication, whether through the Tutor or otherwise, shall be considered or entertained.. If a student remains absent from a scheduled class, that class shall be deemed to have lapsed and the student shall not be entitled to any compensation, whether monetary or otherwise, in lieu of lapsed class.

12.5. Student Transfer/ Tutor Change Policy

12.5.1. A student transfer can happen under various circumstances such as unavailability of preferred time slots, request for change of tutor, discontinuation of classes from a tutor, tutor pause, etc.

12.5.2. Cuemath on its sole discretion can transfer the student, with prior consultation from the student’s parent/guardian.

12.6. Refund of Student Fee

12.6.1 Cuemath Refund Policy allows refund of 100% of Student Fee on pro rata basis, for unused classes,– during the tenure of the program enrolled by the student (For example – If the students enrolled for a 6 months tenure program on 1st of January for 48 classes and if the student applies for refund after 12 classes then the Company shall refund for the unused 36 classes which shall be claimed by the student on or before 30th of June which will be the tenure of the program).

12.6.2 The Company shall not be liable for any refund, if the student does not attend the allotted classes within the stipulated tenure and does not claim for refund within the said tenure.

12.6.3 Cuemath will request you to share your bank account details where it can transfer the refund amount and such other documents (for international students), as may be required, to process the refund. All applicable refunds for unused classes shall be paid to the source account of the Customer from where the payment was originally made, within a period of thirty (30) days and as per FEMA guidelines.

 

13. CUEMATH’s RIGHT AND OBLIGATIONS

13.1. General

13.1.1. The Company reserves the right to disable such information that is in contravention of Clause 9, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person or otherwise, in writing or through email about any such information as mentioned in Clause 9 above. The Company shall be entitled to preserve such information and associated records, as it may deem fit, for production to governmental authorities for investigation purposes.

13.1.2. The Company may disclose, or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. Please be informed that the SPI Rules only permit the Company to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the user or where you have consented to data transfer.

13.1.3. The Company may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information provided in the Cuemath Learning Program.

13.1.4. Cuemath may terminate your account or restrict your use of the Website for convenience at any time with or without providing you 30 days' notice via email to your registered email address or by any other means.

13.2. Tutor's Related

13.2.1. The Company reserves the right to refuse Tutor to the new registrants without providing any reasons.

13.2.2. Any information provided by you is found to be untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to not register/ associate you as a Tutor or suspend/ terminate your association with Cuemath as a Tutor, as the case may be.

13.2.3. The Company shall provide content, branding as well as the learning material to the Tutor(s). Company reserves it right to charge for such services from tutor(s).

13.2.4. The Company shall provide You with an online tutor student interface through which You can upload student performances and other parameters required for assessing students. You will be responsible for maintaining the confidentiality of the account information required to login to the interface and are fully responsible for all activities that occur under account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions, or otherwise.

13.2.5. The Company shall conduct regular training and interaction sessions with Tutor(s) for quality control.

13.2.6. All class logs will be evaluated, and tutors will be given feedback. Cuemath reserves the right to transfer students to other tutor in case of poor-quality metrics, disciplinary issues and any such factor which may impede in the attainment of successful learning outcomes of the student.

13.2.7. Any commercial arrangement between the tutor and the parents/ guardians of the student outside of the parameters of the Cuemath agreement shall be viewed as a serious and material breach of the agreement inviting legal action and termination, apart from tutor being liable for compensation and penalties payable to Cuemath.

13.2.8. To continuously improve the quality, Cuemath shall require tutors to achieve proficiency badges or certifications for continued teaching privileges.

13.2.9. The Company shall provide printed marketing material to the Tutor(s).

13.3. Parent’s Related

13.3.1. The Company shall provide the necessary support to the Tutor(s)s to enable an enriching experience for the students enrolled in the Cuemath Learning Program.

13.3.2. Subject to Article 17 below, any instance of misconduct or misdemeanour by the Tutor against You or Your child/children shall be reported to the Company and the Company shall take reasonable efforts to immediately suspend the association of the Tutor with the Company depending on the veracity of the complaint filed against the Tutor(s).

 

14. PAYMENTS

14.1. All payments hereunder shall be made into the bank account specified in writing on the Invoice.

14.2. Cuemath accepts payment through a variety of payment options available. You can make your payment via Internet Banking, Debit card, Credit Card, Wallet, QR Support and other available options.

15. REFUNDS

15.1. The policy for refund of money (“Refund Policy”) is applicable only to

15.1.1. Fee submitted by Tutor(s) as mentioned in Clause 11.4.

15.1.2. Fee paid by Cuemath Student(s) as mentioned in Clause 12.6.

 

16. THIRD PARTY INFORMATION

The Website may provide information regarding third party website(s), affiliates, or business partners, contain links to their website/portals and/or any other information. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material or any information on the Website, is not responsible for such errors and representation nor the Company is associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Website, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects, and other items of a destructive nature.

 

17. INTELLECTUAL PROPERTY RIGHTS

All the intellectual property used on the Website (including the Content) by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party, as the case may be. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

 

18. REGISTRATION AND DATA PRIVACY

18.1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are dealt in the Privacy Policy, which the User has the responsibility to read and understand the usage of such information by the Company.

18.2. The Company may in relation to the Website, collect information relating to the devices through which you access the Website, and anonymous data of Your usage. The collected information will be used only for improving the quality of the Website and to build new services. You hereby authorise and permit the Company to collect the aforesaid information.

18.3. Policy for NDNC

By using the Website and/or registering yourself at https://www.cuemath.com/, you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact that you might have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Cuemath for the above-mentioned purposes till 365 days of your registration with us. This Privacy Policy covers Cuemath’s treatment of personally identifiable information that Cuemath collects when you are on the Cuemath site, and when you use Cuemath’s services. This policy also covers Cuemath’s treatment of personally identifiable information that Cuemath’s business partner shares with Cuemath. This policy does not apply to the certain Cuemath services, when you visit Cuemath pages, and when you enter promotions. Cuemath may also receive personally identifiable information from our business partners. When you register with Cuemath, we ask for your full name, contact no and email. Once you register with Cuemath and sign into our services, you are not anonymuous to us. Also, during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, and other services to your wireless device. By registration you authorize us to send sms/email alerts to you for your login/otp details and any other service requirements or some advertising messages/emails from us.

18.4. The Website allows the Company to have access to registered Users’ personal email or phone number, for communication purposes.

18.5. The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

18.6. The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

18.7. If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the right of the User to use the Cuemath Learning Program at its sole discretion.

18.8. The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

18.9. The Company reserves the right to share de-identified data with partners to aid with data analysis and to improve the product.

19. NON SOLICITATION

19.1. You agree that without Cuemath’s prior written consent you shall not directly or indirectly or through any persons subject to your direction or control;

19.2. solicit or encourage any person to leave Cuemath or Cuemath Learning Program or other service of Cuemath or its Affiliates; or

19.3. otherwise divert or attempt to divert any business from the Company; or

19.4. interfere with the relationships between the Company and any of its customers, tutors, suppliers or others with whom Cuemath have business relationships or otherwise.

 

20. RELATIONSHIP

The User acknowledges and agrees that the use of Company’s website or Cuemath Learning Program does not, and shall not be deemed to

20.1. direct or control the User generally or otherwise;

20.2. create or establish any employment, partnership, joint venture, principal-agent or any other such relationship, except as may be created or established by execution of a separate valid document in form of a Contract, Agreement or otherwise.

 

21. AUTHORITY FOR LIMITED USE

Subject to your compliance with these Terms, Cuemath grants you a limited, non-exclusive, non-transferable license to -

21.1. use the Website, Cuemath Learning Program or any services provided by Cuemath;

21.2. download and install Application on mobile handset or computer system or any other electronic means, solely for your own personal and non-commercial use.

 

22. LIMITATION OF LIABILITY

22.1. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto (including the Content), even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

22.1.1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

22.1.2. any unauthorized access to or alteration of your transmissions or data; or

22.1.3. any other matter relating to the Website.

22.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms of Use or a User’s use of the Website exceed, in the aggregate the amount paid by the user in the three (3) month period prior to the event giving rise to the liability.

 

23. INDEMNITY

23.1. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from

23.1.1. your access to or use of the Website in any fraudulent manner;

23.1.2. your enrolment or attending of any course or any loss, damage, injury etc arising thereto to any person or otherwise;

23.1.3. violation of Terms of Use or Company Policies;

23.1.4. infringement, or infringement by any other user of your account with the Company; and

23.1.5. infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

24. MODIFICATION

24.1. The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Website or Cuemath Learning Program or any part thereof in such manner as it may deem fit, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.

24.2. The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the contents of the Terms of Use, in full or any portion thereof, for any reason, whatsoever, and at any time, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.

24.3. The Company also reserves the right to alter or remove any content from the Website without any notice and without any liability.

24.4. You are, therefore, requested to read the Terms of Use at regular intervals and it shall be your responsibility to be updated with the changes, modification, alterations so made.

24.5. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use, so modified.

 

25. ASSIGNMENT

User shall have no right to assign or transfer any rights covered under this Terms of Use, by operation of law or otherwise, except by Cuemath’s prior written consent. Transfer of any terms of this Terms of Use, without Cuemath’s consent, will be null and of no effect. However, Cuemath reserve the right to transfer at its sole discretion any terms or every terms of this Terms of Use without restriction/obligation of any kind. This sub clause shall be bind and shall inure to the benefit of the parties, their successors, and permitted assigns.

 

26. SEVERABILITY

If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.

 

27. WAIVER

27.1. No provision of this Terms of Use shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company.

27.2. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

28. FORCE MAJEURE

Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, business slowdown, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.

 

29. ANTI-BRIBERY AND ANTI-CORRUPTION

The User’s acknowledge and undertake that they are and shall always be in compliance with applicable Laws relating to anti-bribery and anti-corruption. They further represent and warrant that they shall not take any action that could result in liability for the Company and/or the Protected Person under any anti-corruption or anti-bribery laws.

The Users shall neither indulge themselves nor allow any other person to indulge into any kind of activities relating to corruption and bribery. They further shall promptly report to the Company any request received by such User for any undue financial or other advantage of any kind in connection to the Company or in connection to the clauses of this Terms of Use.

 

30. DISPUTE RESOLUTION AND GOVERNING LAW

30.1. This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including, but not limited to -

30.1.1. the Indian Contract Act, 1872;

30.1.2. the Information Technology Act, 2000 (the “IT Act”);

30.1.3. the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);

30.1.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and

30.1.5. the Consumer Protection Act, 1986.

30.2. This Terms of Use shall be governed by the laws of India and the parties submit to the exclusive jurisdiction of courts in Delhi.

30.3. In case of any dispute, the parties shall strive to resolve it with mutual Terms of Use, in the event the dispute persists, the dispute shall be referred to a sole arbitrator appointed with mutual consent between the parties and the matter shall be subject to the jurisdiction of Delhi. The Company shall not be liable for any damages, claims, losses, expenses, costs, obligations and liabilities, resulting from any fraudulent or illegal or unauthorized act of its employees or representatives in the performance of their duties.

30.4. CueMath's rights granted hereby are cumulative and in addition to any rights it may have at law or equity.

 

31. DISCLAIMER

31.1. This Terms of Use does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates.

31.2. If you are using the Website on behalf of any other person or entity or otherwise, you represent and warrant that you are authorized to accept these terms on behalf of such person’s or entity's or otherwise, and that this Terms of Use shall be equally binding upon you and upon the person or the entity or otherwise on whose behalf you are using the site, application or services.

31.3. The Company, its employees and advisors make no representation or warranty and shall incur no liability to any person, including any User or Tutor, and such User and / or Tutor hereby waive all their respective rights against the Company, if any, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost, or expense which may arise from or be incurred or suffered on account of -

31.3.1. anything contained in the Terms of Use or on account of the Cuemath Learning Program or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the material provided by the Company and any assessment, assumption, statement or information contained therein or deemed to form part of Cuemath Learning Program;

31.3.2. any statement, action, deed of any nature committed by any User.

31.4. The Company accepts no liability of any nature, whatsoever, whether resulting from negligence, act of imposing corporal punishment on students, any event of physical or sexual harassment or otherwise howsoever caused by Tutor.

31.5. The Company collects, directly or indirectly, and displays on the Website, information, comments, experiences of the Tutors and the Users. Although the Company screens and vets the information and comments collected and /or submitted by the Tutor(s)s and the Users, it cannot be held liable and / or responsible for any inaccuracies or incompleteness represented from it, despite such reasonable effort. The Parties agree that the Company shall have no liability, whatsoever, in respect of any claim that may arise against any party consequently or in relation to any information, comments or statement of any Tutor and / or User which is posted on its Website.

31.6. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

31.7. The Website is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition thereto, the Company makes no representations, warranties or guarantees that:

31.7.1. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,

31.7.2. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and the Company disclaims any liability relating thereto.

 

32. NOTICES

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service or mailed by registered or certified mail (return receipt requested) or sent via email at [email protected], with due acknowledgment of complete transmission to the following address: 10, Sy no - 16/1, Vaishnavi Tech Park, Bellandur Road, Bellandur, Bengaluru, Bengaluru Urban, Karnataka, 560103

 

33. FEEDBACK, QUERIES & CONTACT INFORMATION

Feedback, Queries or comments about the Website, Cuemath Learning Program or any other services provided by the Company shall be directed to the Company at the email address: [email protected].

You may also contact the Company at [email protected].

 

34. Grievance Officer / Nodal officer

If you find any discrepancies or have any grievance related the quality of class being offered, the quality of tutor or discrepancies in offering Vs the one committed by our academic counsellor disclosure and transfer of your Personal Information under this Privacy Policy or any terms and conditions listed on www.cuemath.com, please contact the following:

Mr. Samir Kulshrestha, the designated grievance officer under Information Technology Act, 2000 E-mail: [email protected]

Mr. Jagjit Rai Khurma, the designated nodal officer. E-mail: [email protected]

The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.