Terms & Conditions

Terms & Conditions

Learnowaves

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of online tutoring services provided by Learnowaves, which is education brand of Aunicode International (the "Services"). As used in this Agreement, "Learnowaves" means Learnowaves eduaction brand of Aunicode International and "Client", "you", or "your" means student, parents, siblings, relatives and Guardians. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Learnowaves site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Learnowaves Site" refers to the Site located at the URL https://www.learnowaves.com or any other successor Sites owned or maintained by Learnowaves.

The following terms and conditions apply to all online tutoring services and other tutoring related services provided by Learnowaves to the Client.

Acceptance :

If Client deposits any fees amount then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges :

Charges for services to be provided by Learnowaves are defined in the proposal that the Client receives via e-mail or whatsapp. Quotations are valid for a period of 7 days. Learnowaves reserves the right to alter or decline to provide a quotation after expiry of the 7 days.

Unless agreed otherwise with the Client, all online tutoring services require an advance payment of a minimum one month advance fees.

Payment for services is due by bank transfer or Google Pay. Payment is to be done in favour of Aunicode International. Bank details or QR Code will be made available on proposal.

Demo Class :

Learnowaves will provide the Client with an opportunity to review the understanding frequency in First Free Class (Demo Class). After the completion of the Demo Class, A session will be arranged for discussion with client for taking review about their satisfaction. If client is satisfied then classes will be scheduled on convenient time of both tutor and client.

Payment :

Invoices will be provided by Learnowaves upon completion of payment. Invoices are sent via email only.

Cancellations and Refunds

Learnowaves agrees that no refund will be permitted in respect of tuitions already provided and tution classes remaining in accordance with the payment done. Client has to take classes of that amount only.

If We cancel a confirmed enrolment made, Learnowaves will refund the tutoring Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

User Conduct

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 Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

• violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
• access or use our Site, Application, Services expose or allow to be used or exposed, any Learnowaves Content: (i) that is not publicly displayed by Learnowaves in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Learnowaves’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Learnowaves's users or any other third party;
• use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Learnowaves endorsement, partnership or otherwise misleads others as to your affiliation with Learnowaves;
• dilute, tarnish or otherwise harm the Learnowaves brand in any way, including through unauthorized use of Collective Content, registering and/or using Learnowaves or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Learnowaves domains, trademarks, taglines, promotional campaigns or Collective Content;
• copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of Learnowaves or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam ") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Learnowaves Student;
• register for more than one Learnowaves Account or register for an Learnowaves Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
• contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member's use of the Site, Application and Services;
• recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Learnowaves, without Learnowaves's prior written approval;
• recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
• use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Learnowaves's provision of the Services or for any other reasons;
• violate these Terms or Learnowaves's then-current Policies and or Standards;
• engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Learnowaves's name, any Learnowaves trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Learnowaves's express written consent;
• access, tamper with, or use non-public areas of the Site, Application or Services, Learnowaves's computer systems, or the technical delivery systems of Learnowaves's providers;
• attempt to probe, scan, or test the vulnerability of any Learnowaves system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Learnowaves or any of Learnowaves's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
• advocate, encourage, or assist any third party in doing any of the foregoing; or
• accept or make a payment for Course Fees outside Learnowaves. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Learnowaves harmless from any liability for such payment.

Learnowaves has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Learnowaves may take a range of actions against you, including but not limited to deactivating or cancelling Learnowaves Account, for a violation of this Section or these Terms.

Learnowaves may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Learnowaves or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Learnowaves, its users, or members of the public.

You acknowledge that Learnowaves has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

Learnowaves reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Learnowaves, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Learnowaves by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback "). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Learnowaves and you hereby irrevocably assign to Learnowaves and agree to irrevocably assign to Learnowaves all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Learnowaves's request and expense, you will execute documents and take such further acts as Learnowaves may reasonably request to assist Learnowaves to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Tutoring Credit

The Client agrees that the Learnowaves can mention their personal details like photo, name, grade, school name etc for promotional and reference use of Learnowaves.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment by online transfer/cheque/cash is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by Indian Law.

Liability : Learnowaves hereby excludes itself, its Employees and or Agents from all and any liability from:Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Learnowaves to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Learnowaves will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Arbitration

In the situation of any legal issue between the company and the customer over the course of individual use of the website in association with rationality, interpretation, execution or purported breach of any provision of this agreement including the privacy policies and documents incorporated through reference, the dispute shall be mentioned to a sole arbitrator who will be an independent and neutral third party acknowledged by the Company. The location of arbitration will be Jaipur and The Arbitration & Conciliation Act, 1996, shall administer the arbitration proceedings. The proceedings shall be in the English or Hindi language.

Legal

All disputes are subject to exclusive Jurisdiction of courts at Jaipur(Rajasthan, India).

Severability :

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.