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, 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").
“Third Party” shall mean and refer to any individual(s), company or entity apart from the Tutor, the User and Edvi.
1.1 The Tutor must be at least 18 years old to be a part of the company and to avail the services offered by the platform.
1.2 Your providing of Tutoring Services is subject to verification by Us of Your identity and credentials as a Tutor and to Your ongoing qualification as such. As part of the registration process and at any time thereafter, You are required to provide us with various information such as Your Government approved photo ID, Your qualification proof (marksheets, degree, etc.) and other information in order to prove what you have claimed.
1.3 The company holds rights to terminate your access to services provided by the company whenever it is found that you have been using it for unlawful purposes and/or violating these terms of condition or for any or no reason.
1.4 The Company also reserves the right to accept or reject or suspend or put on hold, your registration on the Website. Your services will be terminated if it discovered that you are below 18 years of age. The company does not hold any accountability to confirm the age of the user.
2. SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION
The company shall provide a platform for the approved Tutors to provide online educational services to the students in a predictable and confident learning environment. We function as a platform which provides Tutoring services to the parents/students based on screening, prices, previous feedback and other such factors.
The company may use tutor’s video for the promotional purposes on the website, social media handles, and marketing channels. We shall also provide both back-end and front-end tech infrastructure to the Tutors to facilitate the online.
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 website solely to acquire information or enroll/register or to be onboarded as Tutor.
3.3 Except as expressly permitted by the Company, you cannot 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). All the content developed by you under the guidance of the company will be the property of the company and cannot be used by you for any purpose without written approval from the company.
4.TERMS FOR TUTOR
4.1 Tutors are required to register themselves on the Website in order to provide online classes to students. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer lessons. After the registration process in complete, the Company “reviews” the application and if it matches all the required criteria, the Tutor is invited for an induction cum screening call with the Edvi’s Academics team.
4.2 The approved Tutors are required to provide a free Trial/Demo Class for the prospective students initially, based on which he/she shall be allotted classes in future. The Tutor must be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class that they conduct. He/She must also ensure to have the following while conducting any kind of classes (demo class or a regular class):
Important Note: Parents may take some time to make a decision for engaging you as a tutor after the demo class is conducted. Once the parent gives confirmation for engaging your services, the Edvi team will contact you for class schedule, confirmation, etc. Edvi team will be responsible for all follow-ups after the demo is done. A teacher under no circumstance should contact the parent/student unless specifically communicated or requested by the Edvi team.
The Tutors are directed to take all classes via Laptop/Desktop, keeping their Camera On always unless specifically asked by Parents. Usage of mobile devices is strictly prohibited to deliver online classes unless approved by Edvi in writing. The use of a mobile device for delivering classes without prior approval of Edvi may lead to termination of your agreement with immediate effect and without any further notice, and your profile might also be blocked on the Website of Edvi.
4.3 The Tutor shall be responsible to provide formal online education, with the clauses mentioned in 4.2, through live classes to the students, and he/she shall devote a minimum of 60 minutes per session unless otherwise mutually agreed between Edvi and the Tutor.
4.4 The Tutor shall represent himself/herself as a part of Edvi (Subject to terms of clause 4.20), but he/she shall not act or communicate on behalf of Edvi, and he/she shall not enter into any contract of any kind on behalf of Edvi.
4.5 The Tutor agrees that he/she shall not make any direct contact with students other than for the purpose of providing a scheduled lesson. The conversations between the tutor and the parent/student must be held through proper and authorized channels created/provided by Edvi. It helps us to provide the best services and eliminates chances of any confusion. Sending direct messages to the student or the parents without any prior information to Edvi is strictly prohibited and may lead to discontinuation of Tutor’s services and may also lead to penal provisions as may be decided by Edvi in addition to any other civil or criminal actions as per the law.
4.6 The company will need the necessary information required on the Website or otherwise, as may be stipulated from time to time in order to remain registered as a Tutor. Tutors are required to provide their KYC details to Edvi on an annual basis in order to renew their respective profiles on the Website.
4.7 The Tutor must be punctual in all classes - be it a Free Demo Class or Regular paid classes. If the Tutor cannot conduct a class as per the committed time due to exigency, then he/she has to inform in writing on Edvi support (email@example.com) 24 hours in advance.
4.8 Marking attendance on the Edvi App within 48 hours after completion of each class is mandatory. The Tutor may be liable to penalties in case he/she misses to mark. The penalties are mentioned in Annexure 1. The Tutor shall, at all times during the examination period of the students, take their classes timely and shall resolve their queries. Unavailability of the Tutor at the student’s examination duration without any valid reason may lead to forfeiture of total payment of Tutor due to Edvi till that date.
4.9 The Tutor must maintain a clean and neat appearance and shall maintain high professional and ethical standards including, without limitation, refraining from making any statement or committing any act that may cause offense on the grounds of race, sex, age, or disability. Tutors must refrain from using any statements written or verbal that could be classified as discriminatory, abusive, or disrespectful.
4.10 The Tutor shall conduct the lesson only in accordance with the assigned student’s curriculum and assessment scheme. In case of confusion regarding the curriculum/books/content or topic, the Tutor must immediately seek help from Edvi by emailing at firstname.lastname@example.org or getting in touch with the Edvi Coordinator.
4.11 The Tutor agrees to work as specified by Edvi and to perform other duties assigned by the administrator, such as regular assignments, tests/assessments, and student feedbacks. The Tutor is expected to work cooperatively with the staff, students, and administration of Edvi. A mutually respectful and collaborative approach is expected at all times. It is mandatory for the Tutor to conduct assessments/tests as per the course curriculum of the students, which should be pre-defined by Edvi while allotting them any student. Thorough review of the homework given to students is mandatory. In case Edvi receives complaints from parents against the Tutor more than twice about their inability to review homework, this may lead to class cancellation and fee forfeiture.
4.12 The Tutor agrees to maintain the levels of competency in subject matter, teaching methods, classroom management, and student supervision required by Edvi, whether on their own initiative or at the direction of Edvi.
4.14 Tutor’s duties and job assignment may be revised by Edvi during the Term to meet the business challenges.
4.15 The Tutor further acknowledges that they will not engage in any form of activity that produces a “conflict of interest” with those of Edvi. Below is an indicative but not exhaustive list of scenarios that will be deemed as a “conflict of interest”:
NOTE: The Tutor shall not engage in any kind of argument with parents. In case of any dispute with parents, Edvi will handle the matter on their own.
4.16 The Tutor accepts and acknowledges that the lessons may be recorded and gives Edvi permission for the same. The Tutor waives his/her right to claim any compensation, copyright, or other forms of intellectual property rights for the same.
4.17 The Tutor acknowledges that they have a responsibility towards the well-being of the students assigned to them and shall always maintain the decorum of a teacher-student relationship. The Tutor undertakes to always conduct the lessons in obedience to the applicable law. Any kind of offensive behavior with the student or parent shall result in immediate unilateral termination of this Agreement and may attract legal consequences.
4.18 In the event of a breach of its obligations, Edvi may, at its discretion, penalize the Tutor by providing the reason for the same and take such actions required under the applicable law against the Tutor.
4.19 The Tutor undertakes that all the information he/she provides to the Company on accessing and/or using the Services of the Company is and shall remain true, accurate, and complete at all times. Any conflict of interest would result in the forfeiture of any outstanding dues to the Tutor, and necessary actions can be taken to recover any financial losses due to such conflict of interest.
4.20 The relationship between Edvi and the Tutor shall always be that of an independent service provider and service recipient. Nothing in this Policy is intended to, or should be construed to create a partnership, agency, joint venture, or employment relationship.
4.21 The Tutor will not be entitled, under this Agreement, to any of the benefits that Edvi may make available to its employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays or sick leave, or workers' compensation insurance. The Tutor agrees to provide all tools and instrumentalities, if any, required to perform the services under this Agreement, at their own cost.
4.22 Marking incorrect attendance, especially marking more hours than you taught, is a major integrity and ethics issue and will lead to blacklisting of your profile and forfeiture of all pending dues.
5. SUBSCRIPTION AND PAYMENTS
5.1 Edvi shall process the payments of the Tutor based on his/her number of hours served to the students (users). The compensation to be paid to the Tutor is calculated at the end of the period. The number of hours to be taken by the Tutor for each student is pre-defined by Edvi. The Tutor must not conduct any class beyond the pre-defined hours as communicated by Edvi for each specific student. Edvi will not be liable to pay the Tutor for classes conducted beyond the pre-defined hours without approval from Edvi.
5.2 The hourly payment rate for every student served by the Tutor may vary depending upon the requirements of each lead (grade, subject, board, country, etc.). Edvi will seek the Tutor's agreement on the hourly rates before allocating any new student. The Tutor has no obligation to accept the hourly rates. However, once the Tutor has agreed to the hourly rates and commits to taking the classes, the Tutor cannot raise disputes on fee rates. Also, the fee structure of the Tutor shall be revised only after the student allotted to him/her advances to the next class.
The student may not be available to take classes, for which he/she shall be required to give prior intimation. Edvi will not pay any fees to the Tutor for that particular student during that period.
5.3 All payments shall be made directly into the bank account as updated by the Tutor in the Edvi app. The FAQ section of the Edvi app showcases a video to help with adding the bank details. Payments shall be subject to applicable Tax Deduction at Source as per the rates and thresholds prescribed under the Income Tax Act, 1961.
Any liability arising under the Goods and Services Tax (GST) Act on account of the provision of services by Edvi to the Tutor shall be recovered on actuals.
Any GST Act on account of the provision of services by the Tutor to Edvi or to students shall be borne by the Tutor themselves, irrespective of whether it is under the Reverse Charge Mechanism or not. The Tutor shall be responsible for getting the necessary registrations under GST, if applicable, at their own cost.
5.4 Edvi shall provide its Tutors with leads that could offer different payment rates based on the grade, subjects, and board of the student. The criteria that would decide how many leads could be offered to the Tutor include:
5.5 After completion of every month of service of the Tutor, his/her performance shall be reviewed by Edvi. After being satisfied with his/her performance and feedback shared by parents, the payments shall be released. The payment shall be released within 10 working days of the close of every month. Tutors are requested to raise a payment request from the Edvi app between the 1st to 7th of every subsequent month. For example, for payments of the month March, the Tutors are requested to raise a payment request between 1st April to 7th April, and their payments will be processed.
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.
7.1 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 onto 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.
7.5 Edvi is not responsible and liable for any content/material, etc. used in the classes by the tutor. Tutors are solely responsible for using material/content, etc. which are owned by third parties.
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 not 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 is 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.
10. TERMINATION AND SUSPENSION
10.1 If Parents or the Company is not satisfied with the classes, or your compatibility with the student, responsibilities, and other personnel, etc., the Company may terminate your services.
10.2 Services can be terminated by You by giving thirty (30) days prior written notice.
i. Once the notice period is served by the Tutor, for the next 30 days, the Tutor is liable to continue taking all the classes of the assigned students. The Tutor is expected to maintain a high quality of classes during the notice period, and failing to do so will result in the forfeiture of the due fees.
ii. As soon as the Tutor serves the notice period for any one or all of the students allocated to the Tutor, the entire due fee will be put on hold and will be paid within 15 working days after the delivery of the last class to the student(s) for whom the Tutor has served the notice period.
iii. Tutors are supposed to coordinate and cooperate with the Edvi team to complete the exit formalities, share the complete learning journey of the student(s), and help the new assigned Tutor understand the learning needs of the student(s) they are discontinuing.
iv. Non-cooperation from the Tutors' end during the notice period will result in the forfeiture of all the due payments, and legal action can be initiated by the company depending upon the severity of the issue.
10.3 We can suspend or terminate your access to the Websites and the Services with or without notice in cases where you breach any terms and conditions of the Agreement or any violation is reported by any third of any of its right as a result of your use of the Services.
10.4 After termination of your service, your profile will be removed from our websites, and you can no longer continue to be a Tutor in Edvi.
10.5 Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your access to the Website.
10.6 Edvi will forfeit all the due payments of the Tutor if they don’t serve the notice period or go absconding.
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/upgrades thereof, and standard enhancements thereto.
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 12.1.
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.
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.