- Password Protected Parts of the EDUBoon Website: The password-protected parts of the EDUBOON Website are intended exclusively for registered users. Please note: Passwords should not be given to third parties and must be protected from unauthorized access. If you become aware of any unauthorized use of your password, you should notify EDUBOON immediately by writing an email to email@example.com. Simplidoc Technologies Private Limited, owner of EDUBOON website, disclaims any liability and responsibility for damage caused as a result of improper use of passwords.
- Copyright and Use of EDUBOON Website Materials: The EDUBOON Website and materials made available on the EDUBOON Website are protected by intellectual property rights, including copyrights, trade names and trademarks, including the name EDUBOON and the EDUBOON logo, and are owned by Simplidoc Technologies Private Limited, owner of EDUBOON website, or used by Simplidoc Technologies Private Limited, owner of EDUBOON website, under a license or with permission from the owner of such rights. Materials protected by such intellectual property rights include the design, layout, look, appearance, graphics, photos, images, articles, stories and other materials available on the EDUBOON Website (collectively, Website Materials). EDUBOON Website Materials may only be reproduced, distributed, published or otherwise publicly presented based on a prior written consent by Simplidoc Technologies Private Limited, owner of EDUBOON website. As an exception to this rule, Simplidoc Technologies Private Limited, owner of EDUBOON website, grants registered users and visitors a limited, non-exclusive, revocable license to use EDUBOON Website Materials solely for the purposes of operating their own willingness and ownership by downloading, storing, printing, copying, sharing and displaying EDUBOON Website Materials, provided that the Material is unaltered and the source of information is quoted in case any Website Materials are disclosed to third parties. Should you have additional questions on the use of the Website Materials, please contact us by writing us an email at firstname.lastname@example.org. The right to use the password-protected parts of the EDUBOON Website as a registered user ends on termination of the Contract and interactions without the need for any further actions by Simplidoc Technologies Private Limited, owner of EDUBOON website. In the event of termination thereof, the registered users must delete or destroy all stored, printed or copied materials, unless they must be retained to comply with legal requirements.
1. Account Registration and Usage
- To use EDUBoon Services, you must register an account on EDUBoon online Platform (www.eduboon.com).
- When you register on the Platform and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize EDUBoon to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any Services you provide via the Platform; and (iv) acknowledge and accept any applicable Client policies, including but not limited to those pertaining to service quality, confidentiality, tutor integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use.
- You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform, whether or not you have authorized such activities or actions. You will immediately notify EDUBoon of any unauthorized use of your Account.
- You agree that you will not permit, enable, introduce or facilitate other persons to participate in providing tutoring services from your Account, including others who may be subject to an agreement that is the same or similar to this Agreement.
2. Representations and Warranties
- a.You represent and warrant that you: (i) have the requisite knowledge in teaching the subjects you have opted to teach under EDUBoon Academy; and (ii) will utilize EDUBoon Platform user-paid time solely to provide the Services.
3. Interactions with Users and Provision of Services
As a tutor providing the Services you acknowledge and agree to the following:
- You are solely responsible for your interactions with students during the class. Your use of the EDUBoon Platform and your provision of the Services is at your own risk and discretion and you therefore agree to take reasonable precautions in all interactions with users of the Platform and that you are solely responsible for, and agree to exercise caution, discretion, common sense and judgment in, using the Platform or providing the Services and disclosing information, including any personal information to users of the Platform, the provision of which is not required by your provision of the Services.
- EDUBoon reserves the right to evaluate your compliance with EDUBoon’s rules and policies and this Agreement. If you believe that a user of the Platform or another tutor has violated the law or is defrauding, threatening or otherwise endangering anyone, you should immediately notify EDUBoon for assistance.
- You will comply with all applicable local, provincial, federal and foreign laws, treatises and regulations in connection with your provision of the Services.
- You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Services.
- You will not record or otherwise store any tutor session that you conduct if they organized/sponsored officially by EDUBoon.
- EDUBoon has complete authority to record and store the sessions conducted by you if the training sessions organized/sponsored officially by EDUBoon.
- You will not use the EDUBoon Platform or provide the Services in any manner that harasses a student/user of the Platform or another tutor or could otherwise interfere with any other party's use or enjoyment of the Platform. You will respect the privacy of students and will not use the Platform for unwelcome, rude or abusive communications or in any other disrespectful or detrimental manner, as determined by EDUBoon in its sole discretion.
- You will neither use the Platform to invite a user to meet in person nor may you provide the Services to a user of the Platform outside of the Platform or pursuant to your provision of the Services.
4. Appearance and Setting of Online Sessions
- The appearance of you during the online session mandatory to reflect the professional nature and quality of the services.
- Background - The background of the session (visible area behind language consultant) should be a simple wall or drape that is light in color and located in a brightly lit environment.
- Curtains that will move or shift, patterns, or dark colors are not permitted.
- There should be nothing else visible behind could distract the students attending the online class, including without limitation artwork, people walking behind, windows, views of immediate environment, other distractions, etc.
- Lighting shall be bright enough for to see and view your face clearly. The lighting shall be of natural color and not distort or discolor the natural look of the video image.
- Sound - There should be no ambient noise or other sounds that could distract the students or detract from the quality of the session.
- Noise - Students should enjoy a session free of background noise, including, without limitation, people, telephones, music, or other distracting sounds.
- Video and Audio – Since the sessions are conducted live on online teaching environment, students expects to be able to see and hear you clearly.
- Pausing the video/muting the audio - If you need to sneeze, cough, or anything else unavoidable and potentially distracting during the session, you should pause the video and/or mute the audio (whichever is applicable) for no more than thirty (30) seconds. If you pause the video or mute the audio for more than one (1) minute, you are liable for a written warning.
- You shall adhere to login protocols and log into internal messenger as well as enter the session room corresponding with his or her schedule a minimum of five (5) minutes prior to session start time. Failure to comply with the login protocols may result in a record of tardiness or absent.
- Fees payable in respect of your provision of the Services:
- If sessions are organized/sponsored by EDUBoon
- are paid on a per as defined payment norms in accordance with the number of hours or partial hours of Services you provide at the hourly rates specified in this Agreement.
- are inclusive of any and all applicable taxes for which you may be responsible.
- are subject to any Penalty Costs that may be incurred as a result of; being late, unfinished sessions, or a “no show” for any previously scheduled tutor session.
- If sessions are organized/sponsored by You:
- You are free to take the fee directly from the students. Any discretion, fraudulent activities reported by student will imply strict action and penalty.
6. No Endorsement
You acknowledge and agree that you will not endorse the EDUBoon Platform or any user of it and that EDUBoon will not be responsible for any damages or harm which results from your interactions, or those of anyone else, with users of the Platform. By providing the Services by way of the Platform, you agree as follows: (i) any legal remedy or liability that you or such third party seek to obtain for the actions or omissions of user of the Platform will be limited to a claim against such user who caused you, or such third party, harm; and (ii) you will not attempt to impose liability on, or seek any legal remedy from EDUBoon with respect to such actions or omissions.
7. Confidentiality and Intellectual Property
You acknowledge that you have read and agree to be bound by the terms and conditions of the confidentiality and proprietary information agreement attached to these Terms & Conditions and which forms an integral part of this Agreement.
You agree to defend, indemnify, and hold EDUBoon, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of this Agreement, your provision of the Services, and any claim made by a third party as a result of your provision of the Services, including any claim alleging your infringement upon the copyrights, trademarks, trade secrets, patents or other intellectual property rights of such third party.
10. Limitation of Liability
EDUBoon will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement or your provision of the services, or from any communications, interactions or meetings with users of the platform or other persons with whom you communicate or interact as a result of your use of the platform whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EDUBoon has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will EDUBoon’s aggregate liability arising out of or in connection with this agreement exceed the amount of all fees EDUBoon has paid to you in connection with your provision of the services. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and EDUBoon.
- a.You agree that EDUBoon may terminate the independent contractor relationship contemplated by this Agreement termination.
12. Obligations Surviving Termination of this Agreement
All obligations to preserve the Company’s Confidential Information, Intellectual Property and other warranties and representations set forth herein shall survive the termination of this Agreement.
- Complete Agreement. There are no oral representations, understandings or agreements with EDUBoon or any of its officers, directors or representatives covering the same subject matter as this Agreement. The Terms and Conditions stated here is the final, compete and exclusive statement and expression of the agreement between you and EDUBoon and of all of the terms of this Agreement, and it cannot be varied, contradicted or supplemented by evidence of any prior or contemporaneous oral or written agreements.
- Binding Effect. This Terms & Conditions shall be binding upon and inure to the benefit of the parties thereto and their respective heirs, successors and assigns including, without limitation, any successor of EDUBoon by way of voluntary dissolution, reorganization, merger, consolidation or transfer of assets of EDUBoon.
- Severability. If any of the covenants contained in this Terms & Conditions shall be held unenforceable or, with respect to Section 5, unreasonable by reason of the area, duration or type or scope of service covered by the said covenant, then the applicable covenant shall be given effect in such reduced form as may be decided by any court of competent jurisdiction. If, notwithstanding the foregoing, any clause or any portion of any such covenant should be unenforceable or be declared invalid for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Agreement.
- Governing Law. This Agreement shall in all respects be constructed according to the Indian court of laws.
- Your Understanding. You recognize and agree that you have read and understood this Agreement and that you have received an adequate explanation as to the nature and scope of its contents. You acknowledge and agree that these Terms & Conditions entails important obligations and that, if necessary, you have had adequate opportunity to seek independent legal counsel before signing this Agreement.
14. CONFIDENTIALITY AND PROPRIETARY INFORMATION AGREEMENT
In consideration of your engagement as an independent contractor of EDUBoon, you further agree and covenant as follows:
(i)is or becomes public other than through a breach of these Terms & Conditions;
(ii)is known to you prior to the date of this Agreement and with respect to which you do not have any obligation of confidentiality; or
(iii)is required to be disclosed by law, whether under an order of a court or government tribunal or other legal process, provided that you inform EDUBoon of such requirement in sufficient time to allow EDUBoon to avoid such disclosure by you.
- Engagement with EDUBoon as an independent contractor (“Engagement”) may give you access to proprietary and confidential information belonging to the Client, EDUBoon, its customers, its suppliers and others (the proprietary and confidential information is collectively referred to in this Agreement as “Confidential Information”). Confidential Information includes but is not limited to marketing plans, proposals, contracts, technical and/or financial information, databases, software and know-how. All Confidential Information remains the confidential and proprietary information of EDUBoon.
- As referred to herein, the “Business of EDUBoon” shall relate to the business of EDUBoon as the same is determined by the Board of Directors of EDUBoon (Unit of Simplidoc Technologies Pvt. Ltd.) from time to time.
- You may in the course of the Engagement conceive, develop or contribute to material or information related to the Business of EDUBoon, including, without limitation, software, technical documentation, ideas, inventions (whether or not patentable), hardware, know-how, marketing plans, designs, techniques, documentation and records, regardless of the form or media, if any, on which such is stored (referred to as “Proprietary Property”). EDUBoon shall exclusively own, and you do hereby assign to EDUBoon, all Proprietary Property which you conceive, develop or contribute to in the course of the Engagement and all intellectual and industrial property and other rights of any kind in or relating to the Proprietary Property, including but not limited to all copyright, patent, trade secret and trade-mark rights in or relating to the Proprietary Property. Material or information conceived, developed or contributed to by you outside work hours on EDUBoon’s premises or through the use of EDUBoon property and/or assets shall also be Proprietary Property and be governed by this Agreement if such material or information relates to the Business of EDUBoon. You shall keep full and accurate records accessible at all times to EDUBoon relating to all Proprietary Property and shall promptly disclose and deliver to EDUBoon all Proprietary Property.
- You shall, both during and after the Engagement, keep all Confidential Information and Proprietary Property confidential and shall not use any of it except for the purpose of carrying out authorized activities on behalf of EDUBoon. You may, however, use or disclose Confidential Information which:
- You covenant and agree not to make any unauthorized use whatsoever of or to bring onto EDUBoon’s premises for the purpose of making any unauthorized use whatsoever of any trade secrets, confidential information or proprietary property of any third party, including without limitation any trade-marks or copyrighted materials, during the course of the Engagement.
- At the reasonable request of EDUBoon, you shall do all reasonable acts necessary and sign all reasonable documentation necessary in order to ensure EDUBoon’s ownership of the Proprietary Property, EDUBoon property and all intellectual and industrial property rights and other rights in the same, including but not limited to providing to EDUBoon written assignments of all rights to EDUBoon and any other documents required to enable EDUBoon to document rights to and/or register patents, copyrights, trade-marks, industrial designs and such other protections as EDUBoon considers advisable anywhere in the world.
- You hereby irrevocably and unconditionally waives all moral rights you may now or in the future have in any Proprietary Property.
- You agree that you will, if requested from time to time by EDUBoon, execute such further reasonable agreements as to confidentiality and proprietary rights as EDUBoon or the Client may reasonably require to protect Confidential Information or Proprietary Property.
- Regardless of any changes, termination of the Engagement, unless otherwise stipulated pursuant to the terms hereof, you will continue to be subject to each of the terms and conditions of this Agreement and any other(s) executed pursuant to the preceding paragraph.
- You agree that your sole and exclusive remedy for any breach by EDUBoon of these Terms & Conditions will be limited to monetary damages and in case of any breach by EDUBoon of this Agreement or any other Agreement between you and EDUBoon, you will not make any claim in respect of any rights to or interest in any Confidential Information or Proprietary Property.
- You acknowledge that the services provided by you to EDUBoon under this Agreement are unique. You further agrees that irreparable harm will be suffered by EDUBoon in the event of your breach or threatened breach of any of his or her obligations under this Agreement, and that EDUBoon will be entitled to seek, in addition to any other rights and remedies that it may have at law or equity, a temporary or permanent injunction restraining you from engaging in or continuing any such breach hereof. Any claims asserted by you against EDUBoon shall not constitute a defense in any injunction action, application or motion brought against you by EDUBoon.