Terms & Privacy Policy

These Terms of Use are effective as of July 26, 2023.

Yellow Lambda Technologies Private Limited (operating under the brand name "Edvi"), primarily provides an online platform for tutoring services. Its registered office is at RZ-1/15, Street No. 4, Tughlakabad Extension, and Near Alaknanda Market Delhi - 110019 (“Registered Office”). Your use of this website (www.edvi.app) or the Edvi Mobile Application on Google PlayStore & iOS App Store (the Website and mobile application together referred to as "Websites" and individually a "Website") and the services offered and supplied via Edvi (the “Services”), whether as a guest or a registered user, is subject to the following terms and conditions between you and Edvi ("us", "we", or "our").

Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Edvi (“Agreement”). Please read these Terms and Conditions ("Terms", "Terms of Use") carefully before using the website as these will apply to your use of the website and by continuing to use the website you are deemed to have accepted them. Use of the Website includes accessing, browsing, or registering to use the Website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access the website or use any of the Services.

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Websites.

“Agreement” shall mean and refer to this Terms of Use, including any amendments that may be incorporated into it and the Terms of Use, and other Policies available on our Websites.

“Third Party” shall mean and refer to any individual(s), company or entity apart from the Tutor, the User and Edvi.

By accepting the Terms of Use or by registering yourself with us or by providing Your Personal Information to avail our Services or by using the features provided by the Websites, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them and also give your consent to the collection, storage, processing, disclosure and transfer of Your Information in accordance with the provisions of this Privacy Policy. Accessing the Website through any medium, including but not limited to mobile phones, smart phones and tablets, are also subjected to these Terms of Use. Your use of Our Websites is evidence that you have read and agreed to be contractually bound by these Terms of Use and our Privacy Policy.

We reserve the right to modify or terminate any portion of the Websites or the Services offered by us for any reason and at any time and such modifications shall be informed to you in writing. To make sure you are aware of any changes, please review these Terms of Use periodically

1. REGISTRATION

1.1 Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service. To fully avail the services of the Websites and use it, you must download the app from the ‘Google Playstore or iOS App Store’, and verify your phone number. Some features of the ‘website’ are available only to the paid users.

1.2 When you register with us, you generally provide (a) your name, email address, location, phone number, password and your ward's educational interests; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Application/Services/products, such as while asking doubts, participating in discussions and taking tests. The said information collected from the users could be categorized as “Personal Information”, “Sensitive Personal Information” and “Associated Information”. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”)) shall collectively be referred to as 'Information' in this Policy. We may use the Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions.

1.3 We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you. We will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours. In order to make the best use of the Application/Website/Services/products and enable your Information to be captured accurately on the Application/Website/Services/products, it is essential that you have logged in using your own credentials.

1.4 You shall, at any time while using the Application/Services/products, also have an option to withdraw your consent given earlier to us to use such Personal Information or Sensitive Personal Information. Such withdrawal of the consent is required to be mailed to us at support@edvi.app. In such event, however, the Company fully reserves the right not to allow further usage of the Application or provide any Services/products thereunder to you.

1.5 Without limiting any other provisions of these Terms, you may not use this Websites for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Websites may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

1.6 Parents/Students are responsible for maintaining the confidentiality of their account and password to access the Platform. Parents/Students acknowledge that their account is personal to and agree not to provide any other person with access to the Platform and to restrict access to their device to prevent any unauthorized access to their account.

1.7 Edvi reserves the right to terminate your account and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Edvi does not have the responsibility to ensure that you conform to the aforesaid Age Requirements. It shall be your sole responsibility to ensure that the required qualifications are met. The Company also reserves the right to accept or reject or suspend or put on hold, your registration on the Website.

2. SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION

2.1 We provide an online tutoring facility to the students from the Tutors registered with us to provide online education services in a predictable and confident learning environment. We act as a marketplace who gives the Parents/Students, the Tutors best suited to their needs, based on the screening, prices, feedback obtained from previous users & other such factors. Parents/Students can take demo classes from the Tutors shortlisted by them. The company provides one demo class to the students however it is at the company's discretion to extend the number of demo classes if necessary.

2.2 We provide tutors for all school subjects, all grades and all boards. As of now, we only provide tutors for online 1-to-1 classes. Only parents’ request to conduct classes with more than 1 kid, the company may agree to conduct such classes after discussing with the internal team. The company never creates any group.

3. USE OF THE WEBSITE

3.1 Edvi hereby grants you a non- exclusive, non-transferable, non-sublicensable, limited license to access and use our Website platform on an ‘as is’ basis in accordance with these Terms and Conditions.

3.2 The access of the Websites can be granted at the discretion of the Company. The Company authorizes you to access the Websites solely, to acquire information or enrol/ register or to be onboarded as Tutor in the Websites.

3.3 Except as expressly permitted by the Company, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Website or any portion of the Website (including but not limited to any copyrighted material, trademarks, or other proprietary information).

3.4 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.

4.TERMS FOR PARENTS/STUDENTS

4.1 Parents/Students are required to register themselves on the Website. To enroll/register on the Edvi, parents/students may be required to provide their name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, they are required to provide accurate and complete information.

4.2 Parents/Students hereby authorize Edvi to use their submitted information to contact them through SMS, e-Mail, WhatsApp or any other medium not specified. Edvi shall also maintain a record of their queries, visit of the Website, and/ or feedback.

4.3 Parents/Students shall ensure that the Information provided by You in the Website's registration form or otherwise is complete, accurate and up to date. If any Information is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Edvi has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, Edvi has the right to refuse or cancel the enrolment of parents/students.

4.4 The Parents/Students shall be given one free Trial/Demo Class by the Tutor being suggested by Edvi. After being satisfied with the demo class provided by the Tutor, they may engage the Tutor for that session on a fees structure shared by Edvi.

4.5 The tutoring services will be provided for a time slot for a minimum of 60 minutes. The extension of classes beyond 15 minutes is chargeable. For any special activity which involves the tutor spending time beyond the class hours (reviewing anything, creating any special worksheet, etc.) tutors are allowed to bill for it and parents will be liable to accept the charges.

4.6 The course curriculum, number of classes will be decided by Edvi and the student/parent mutually. The Tutor shall conduct the lesson only in accordance with the assigned student’s curriculum and assessment scheme. In case of confusion with reference to the curriculum/books/content or topic, the student/parent can seek help from Edvi, by mailing at support@edvi.app or getting in touch with the Edvi Coordinator.

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

4.8 The conversations between the tutor and the parent/student must be held through proper and authorised channels created/ provided by Edvi. It helps us to provide the best services and eliminates chances of any confusion.

4.9 If the parent/student finds the teacher lacking the teaching skills, the teacher might be changed as per the request and availability. The change in teacher may lead to an increase in the hourly rates. Any increase in the rates will be informed to the parents in advance.

4.10 Any instance of misconduct or misdemeanour by the Tutor against student/parent shall be reported to Edvi and Edvi shall take reasonable efforts to immediately suspend the association of the Tutor depending on the veracity of the complaint filed against the Tutor.

4.11 The Parent/Student undertakes that all the information he/she provides to the Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.

4.12 Edvi shall have no responsibility for any loss or damage caused to computer, tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from their use of our products and Services.

4.13 edvi may send alerts by email or phone (through sms/call/whatsapp) to inform about new service offerings of the company and its subsidiaries/affiliates or other information which we feel might be useful for you.

Student Transfer/ Teacher Change Policy

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

Edvi on its sole discretion can transfer the student, with prior consultation & approval from the student’s parent/guardian.

5. SUBSCRIPTION AND PAYMENTS

5.1 Edvi charges fees for every hour of the class provided by the tutor to the students. The fee is payable by the Student/Parent to Edvi in advance for the classes on a monthly basis. Number of hours of classes to be provided by the tutor is pre-decided between Edvi and the Parents. Parents can also subscribe to Quarterly, Half-Yearly or Annual Plans which gives them better hourly rates.

5.2 Student/Parent shall pay the fees, as prescribed, in the designated bank account mentioned on the invoice. If there is a default in payment of the fees for a successive period of seven (7) days, the enrolment of the student shall stand cancelled and the student will not be entitled to receive any further benefit(s).

5.3 Edvi reserves the right to revise hourly rates to be charged from Parents/Tutors. The fees structure is revised when the student is promoted to the next grade or after every Eleven (11) months, whichever is earlier.

6. LIMITATION OF LIABILITY

The Company, in no event, including but not limited to negligence, shall be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, exemplary or punitive damages including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to the use or the inability to use the Website and / or Services. The cost of procurement of substitute goods and services resulting from any messages received or transactions entered into through the Website and / or Services; or Unauthorized access to or alteration of your transmissions or data; or Any other matter relating to the Website and / or services.

7. DISCLAIMERS

7.1 We do not assume any liability for the repercussions of using the application for the purpose of transmitting User’s personal data to any other User, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the Edvi application has been downloaded.

7.2 We expressly disclaim any liability for the consequences to you arising because of your use of the system or the services.

7.3 We are not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft. Corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means.

7.4 We do not warrant that your use of the system and the services under these terms will not violate any law or regulation applicable to you.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, Our affiliates and affiliate’s affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) the use of the Services; (b) any breach by You of any representations, warranties or agreements contained in these Terms ; (c) the actions of any person gaining access to the System under a User ID assigned to You; (d) the actions of anyone using a User ID, password or other unique identifier assigned to You that adversely affects the System or any information accessed through the System.

9. WARRANTIES AND REPRESENTATION

By the use of this website it is warranted by you that:-

(i.) You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;

(ii.) All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;

(iii.) You will use the Website solely for Your personal as a Registered or Non-Registered User. Any use of this Website or its content other than for personal purposes is prohibited.

(iv.) The Websites and / or services will be used in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.

(v.) You will not delete or modify any content of the Websites including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;

(vi.) You will not decompile, reverse engineer, or disassemble the content;

(vii.) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

(viii.) You hereby indemnify, defend, and hold us, our distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Websites.

(ix.) Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

(x.) You will not:

a. Use the Service available on the Website for purposes of any kind (other than that specified in this agreement); or

b. Use the Website and/or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

c. Post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.

d. Impair or damage the Websites and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Websites and/or the Services.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “App Content”), as well as its selection and arrangement, is owned by Us.

11.2 These Terms or the Agreement do not and shall not transfer any ownership or proprietary interest in the System to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Us and You.

11.3 We reserve the right to all intellectual property rights in and title to the System, the present or future modifications / upgradations thereof and standard enhancements thereto.

12. ARBITRATION

12.1 Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Websites or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India.

12.2 All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11.1.

13. SEVERABILITY

Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

14. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us 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.

Edvi reserves its absolute right at any time to add, alter, withdraw, modify or change or vary any or all the terms and conditions of the offer at its sole discretion. The same shall be binding on the customer at all times.