Please read this Agreement carefully before accessing or using the App. By accessing or using any part of the App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services.
A. Each Tutor is not an employee or partner of Taktii. The App extend its services as one of the service(s) of Taktii, that it serves to aid students, their parents or any other visitors (collectively referred to as Users ) to App in making connecting with Tutors. Users accept that the tuition services (“Tuition Arrangements”) is with the Tutor(s) and not Taktii. It is the responsibility of the Users and the Tutor to come to mutual agreement as to the terms of the Tuition Arrangement e.g. time, place and duration.
B. Use of the App is entirely at User and Tutors own risk. Users and Tutors accept that Taktii is not responsible or liable for any harm or damage that may occur as a result using the Taktii App It is strongly recommended that both Users and Tutors familiarize themselves with Taktii’s safety recommendations before commencing a Tuition Arrangement.
C. All users and visitors to the App agree not to promote an external business, product or service to any user or visitor of the App without the express permission of Taktii.
D. For any material or links which Users or Tutors enter on the App, or otherwise make (or allow any third party to make) available by means of the App (any such material, “Content”), Users or Tutors are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, presentations, code or programs. By making Content available, Tutors and Users represent and warrant that your Content does not violate these terms.
E. By submitting Content to Taktii for inclusion on the App, Users or Tutors grant Taktii a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting Tutors, Group Tutorials and Taktii in general.
F. When Users or Tutors communicate with other users via the App or otherwise use the functions of the App, Users or Tutors may submit to us various material, such as the text of any comments and messages submitted by you via the App (“User Content”). When we receive User Content from you, we may check whether it complies with these Terms. We may reject your User Content for any of the following reasons:
G. Without limiting any of the representations or warranties herein, Taktii has the right (though not the obligation) to, in Taktii’s sole discretion:
H. Taktii has not reviewed, and cannot review, all of the material posted to the App (for example, Tutor profiles or Group Tutorial listings), and cannot therefore be responsible for that material’s content, use or effects. By operating the App, Taktii does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate.
a. When contacting a potential Tutor (or using the Premium Service) through the App, you will be required to submit information in relation to yourself (or the student on whose behalf you are acting), for example your email address, your tuition requirements, etc. In doing so, you agree for this information to be shared with the potential Tutor and Taktii.
b. Taktii provides an electronic payment facility (“Payment Facility”) to enable Students to easily pay, rate and review Tutors. When you contact a Tutor through the App, you agree that, in the event that you commence a Tuition Arrangement with the Tutor, you will only pay your Tutor through our Payment Facility (payable invoices will be emailed to you by your Tutor). For the avoidance of doubt, this means you agree not to pay your Tutor using cash, cheque or any other form of money transfer aside from the Payment Facility.
c. Taktii adds a service fee to each invoice processed through the Payment Facility. The service fee will be advertised near any advertised Tutor or Group Tutorial price or rate, and will be clearly itemised on each invoice you receive. Taktii’s continued existence depends on this service fee, hence why use of the Payment Facility is important to us.
d. Refunds are administered by the Tutor, not Taktii. Your first point of contact regarding a refund is your Tutor. It is strongly recommended to obtain a Tutor’s cancellation policy in writing before entering into a Tuition Arrangement, as clear communication usually avoids any disputes. If you have a dispute with a Tutor, please see the Disputes section.
a. Taktii requires Tutors to guarantee that their first lesson with a Student, if not satisfactory to the Student, will be free of charge (“Trial Lesson Guarantee”). If you have pre-paid for the first lesson, the Tutor will refund you upon request.
b. Failure of the Tutor to honour the Trail Lesson Guarantee will lead to suspension of the Tutor from the App. If you believe a Tutor is in breach of this policy, please raise this with them in the first instance; if this does not resolve the situation, please contact Taktii.
a. For time-pressed parents and students, Taktii offers a “Premium Service” for finding and suggesting potential Tutor or Group Tutorial options. Using the information you provide, Taktii will contact and communicate with selected Tutors to ascertain their availability and suitability on your behalf. Ideally, one to two potential Tutors will be presented as options to the enquiring Student. It is then up to the Student and the Tutor to decide whether or not to undertake a Tuition Arrangement, as per the conditions herein.
b. Upon the undertaking of a Tuition Arrangement with a Tutor that we have presented to you, you will be invoiced a service fee. The service fee will be clearly indicated before you use the Premium Service.
c. No service fee will be invoiced if you do not commence a Tuition Agreement with any of the presented Tutors (i.e., you do not like any of the Tutors presented). In addition, if you do not feel satisfied with the presented Tutor after the completion of First Trail Lesson or Lecture you are not obligated to pay the service fee for the Premium Service.
a. Taktii promotes a “Trial Lesson Guarantee” policy to potential Students. You agree to incorporate this policy as part of your Tuition Agreement with every Student, namely the guarantee that, if for any reason the Student is dissatisfied with your first lesson, you will not charge them for it (and will provide a full refund if the lesson was paid for in advance). This policy is designed to promote you to potential Students, and from experience, is seldom invoked. Failure to honour the Trial Lesson Guarantee policy will lead to suspension from the App.
b. You should aim to reply to enquiries made by potential Students within 24 hours of receipt, whether or not you are available to enter into a Tuition Arrangement.
c. You agree to only receive payment from Students through Taktii’s Payment Facility in the event that you commence a Tuition Arrangement with a Student that has contacted you through the App. For the avoidance of doubt, this means you agree not to accept payment in the form of cash, cheque or any other form of money transfer other than through the Payment Facility available at Taktii.
d. The Payment Facility uses PayPal to process payments. Tutors are responsible for paying all transaction fees for each transaction, i.e. those charged by PayPal (see PayPal for current transaction fee rates). PayPal will automatically deduct their transaction fees from the payments you receive through the Payment Facility.
e. Taktii adds a service fee to each payment processed through the Payment Facility. This service fee is payable by the Student, i.e. it is added by Taktii to the subtotal of the invoice you send. Taktii’s revenue relies on this service fee, hence why use of the Payment Facility is important to us. The service fee will automatically be transferred from your PayPal account to Taktii, and you agree for this to occur. Not receiving payment from your Student through Taktii’s Payment Facility may lead to your suspension from the App.
f. You are required to be able to provide evidence of any claimed qualification(s) or background check(s) if requested by a Student during or prior to a Tuition Arrangement.
g. The requirement for a background check for individuals offering tuition varies from country to country, and is sometimes compulsory; it is strongly recommended that you ascertain from your local government what your legal responsibilities are in this regard. You agree that you will comply with all such relevant legal responsibilities when using the App.
h. The App aims to promote and favour Tutors that are actively receiving ratings, reviews or hours from Students, as well as tuition enquiries from potential Students. Ratings, reviews and hours can only be received from Students when payment is made through the Payment Facility. Taktii reserves the right to deactivate your account where we deem you not to be receiving sufficient tuition enquiries from potential Students, or when you have not obtained sufficient ratings, reviews or hours through the Payment Facility over a period of several weeks. Deactivation is exercised at Taktii’s discretion, and equates to your profile no longer being publicly viewable on the App.
i. If you feel that a Student review is unfairly impacting your reputation, you may contact Taktii to ask for the review to be examined. Taktii reserves the right to remove or edit hours, ratings, reviews and responses as it deems fit.
j. If we have reason to believe that you are engaged in a Tuition Arrangement that was facilitated by the App, but are not using the Payment Facility for Student payments, we are likely to deactivate your account.
k. If your account has been deactivated, you will be notified accordingly when you next login (for clarity, your account is not deleted when it is deactivated). If you disagree with the deactivation of your account, please contact Taktii, and we will endeavour to resolve the situation ASAP.
l. Tutors set their own rate (hourly or otherwise) for the services they are advertising, subject to any minimum amount allowed by Taktii. Rates must be a whole number, and inclusive of any applicable tax that you are liable for, so that Tutor prices can easily be compared by users of the App. If you feel that an additional fee is required, for example a travel fee, this may be discussed with the potential Student and your hourly rate modified accordingly.
m. You are permitted to offer discounts to Students as you see fit (i.e. amend the hourly rate you invoice a particular Student at). You are also permitted to offer free tuition, e.g. charity work; simply do not raise an invoice for these lessons. Taktii reserves the right to specify a minimum invoice amount.
n. Tutors are responsible for setting their own cancellation and refund policies (notwithstanding the First Lesson Guarantee), and for issuing refunds to Students. It is strongly recommended to provide your refund and cancellation policy to a Student in writing before entering into a Tuition Arrangement, as clear communication usually avoids any disputes. If you have a dispute with a Student, please see the Disputes section.
o. Tutors using the App are competent and are not disqualafied by any contractual obligation or by any law or by any order of Court of Law , and therefore you accept all responsibility for complying with any taxation, insurance and employment-related responsibilities arising in connection with any Tuition Arrangement made with a Student. Taktii does not monitor or track this on your behalf.
p. In your profile, you agree not to include any personal contact information, for example an email address, phone number or link to an external website/app or communication method. Any contact made to you by a potential Student must go through the App’s built-in contact function; after this first contact, you are free to communicate with the Student as and how you wish. Infringement of the above may lead to deactivation of your account.
q. When creating your profile for the App, you warrant the accuracy of the information posted and agree not to submit any false or misleading information. Multiple profiles or identities for a single person are not allowed. You agree not to promote a business, an organization or other Apps.
r. You acknowledge that your profile and some details entered by you on the App, including your full name and photo, will be publicly visible and may appear in search engine results.
s. You are responsible for maintaining the security of your account and listed profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your listed profile.
t. Taktii reserves the right to deactivate your account if your profile or behavior is deemed to be unsatisfactory or inappropriate.
a. Taktii currently uses Payu & Paytm as its electronic payment provider for its Payment Facility. When you use the Payment Facility, you agree to abide by payu & paytm Acceptable Use Policy. Taktii does not hold payment on behalf of any party that uses the Payment Facility; a Tutor invoices a Student using the Payment Facility, and the Student pays the Tutor directly through the PayPal interface (payment ends up in the Tutor’s payu & paytm account).
b. Tutors can only receive ratings and reviews, or log hours, when payment is made by Students through the Payment Facility.
c. Students do not need a payu & paytm account to pay an invoice; a valid debit card or credit card can be used during payu & paytm checkout process.
d. Any transaction fees charged by payu & paytm are payable by the Tutor, and will automatically be deducted by payu & paytm from the payment they receive. See payu & paytm website for more details.
e. In the event of a Tutor processing a full or partial refund through the Payment Facility within 60 days of a payment being made, Taktii will automatically refund the relevant service fee it collected. After this time Taktii will not refund the relevant service fee. Any transaction fees charged by PayPal for refunds are payable by the Tutor. Taktii will not refund the relevant service fee for refunds made outside of the Payment Facility, e.g. in cash. No interest shall be payable on any refund by Tutor or Taktii.
f. Taktii reserves the right to change the structure of any service fees, transaction fees or commissions it charges at any time. Current fees or commissions will be clearly advertised on the App prior to displayed fees or commissions being charged or taken.
a. Taktii is not involved in the actual transaction and execution of a Tuition Agreement between Students and Tutors. Therefore, in the event of dispute between Users and Tutors, Users and Tutors release Taktii from all claims, demands and damages (actual and consequential) in any way connected with any such dispute.
b. Taktii can try to arbitrate any dispute arising between a User and a Tutor, but offers no guarantees in this regard. Please contact us if you have a dispute that you would like us to attempt to arbitrate.
a. The copyright in all materials provided on this App is held by Taktii, or by the original creator of the material. All rights not expressly granted are reserved. The authors’ moral rights are asserted.
b. As Taktii asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Taktii violates your copyright, you are encouraged to notify us. Taktii will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
c. Taktii will terminate a visitor’s or user’s access to and use of the App if, under appropriate circumstances, the visitor or user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Taktii or others. In the case of such termination, Taktii will have no obligation to provide a refund of any amounts previously paid to Taktii.
a. This Agreement does not transfer from Taktii to you any Taktii or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Taktii.
b. Taktii and all other trademarks, service marks, graphics and logos used in connection with the App are trademarks or registered trademarks of Taktii or Taktii’s licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties.
c. Your use of the App grants you no right or license to reproduce or otherwise use any Taktii or third-party trademarks.
a. Taktii reserves the right to display advertisements, third party or otherwise, on any part of the App.
a. Taktii reserves the right to display attribution links to the App in communications or invoices sent using the App (for example, including a link to the App on invoices issued through the Payment Facility).
a. Taktii reserves the right to change, add or delete any term or conditions for use of Taktii App in such manner and at such times as Taktii likes. Users and Tutors agree to comply with all such changes or alterations of terms and conditions and also agree not to challenge any alteration or change in the terms and conditions of Taktii.
b. In the event of User and/or Tutor do not agree to change or alteration of terms and conditions of Taktii, the only remedy available to user and/or Tutor will be to discontinue the use of Taktii App.
c. User and/or Tutor agree to update themselves with the terms and conditions of Taktii by regularly or periodically visiting the terms and conditions of Taktii. Continued use of Taktii by Users and/or Tutor shall be deemed as their acceptance of the updated / altered terms and conditions of Taktii.
a. Taktii may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately.
b. If you wish to terminate this Agreement or your Taktii account (if you have one), you may simply discontinue using the App.
c. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
a. In no event will Taktii, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
b. If you wish to terminate this Agreement or your Taktii account (if you have one), you may simply discontinue using the App.
c. Taktii shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
a. You represent and warrant that:
a. You agree to indemnify and hold harmless Taktii, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the App, including but not limited to your violation of this Agreement.
a. These Terms of Service were originally written in English (India). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
a. This Agreement constitutes the entire agreement between Taktii and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Taktii, or by the posting by Taktii of a revised version. Further Users and /or Tutor confirms and declare that they are competent to enter into an agreement and are not barred by any contractual or legal obligation .Minor users and/or Tutors shall act through their parents or guardian and Taktii may seek the confirmation and acceptance of the terms and conditions of Taktii app from the Parents or Guardian of the minor User or Tutors in any manner it likes.
b. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the App will be governed by the laws of India, and the proper venue for any disputes arising out of or relating to any of the same will be within the jurisdiction of Delhi only
c. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees.
d. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
e. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Taktii may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.