Terms & Conditions

TERMS AND CONDITIONS


LAST UPDATE: November 5, 2019

 

Introduction

The following terms and conditions (the “Terms and Conditions”) govern your use of BookSmitten (“BookSmitten” “Company” or “we” or “us”) website located at www.booksmitten.com (the “Site”) and of the services provided by BookSmitten (“Services”).

The website of BookSmitten (the “Company”) provides an online platform (hereinafter referred to as the “Site”) to help students avail of the tutorial services of the Company.

Before you can use the Site or any of the services of the Company, it is an absolute prerequisite that you first unconditionally agree with these terms and conditions and privacy policies. Hence, we highly encourage you to completely read and discern these terms and conditions and privacy policies prior to any usage of the Site or any of the services found therein.

When using the Site or any of its services, you also agree and warrant that you are at least 18 years of age, or if you are between the ages of 13 and 18, have gone over these terms and conditions and privacy policies. with your parents/legal guardians, and have obtained their advice and consent (together with yours) to contractually agree with these terms and conditions and privacy policies and/or any of the offered services of the Company, and their accompanying terms.

These documents are the policies and rules which govern your use of the Site and the Company’s services, any information which you may give to the same, the information which you may receive, and all matters relating to your use of the Site or its services.

Therefore, if you disagree with any of these terms, then you are hereby required to immediately discontinue your use of the Site or its services, until such time when you have already, and actually accepted and agreed to all these terms. Should you decide to continue in any way your use of the Site or any of its services, you hereby acknowledge your agreement to be bound by these documents, or even any changes made therein by any officer, agent, or employee of the Company.

Amendments

You acknowledge and agree that the Company, in its sole discretion, can modify these terms and conditions as it sees fit, without having the obligation to give you any form of notification. You further agree that any amendments to these documents shall be automatically binding on you, and that the duty and responsibility of updating yourself with any changes is solely yours. Should the Company decide to notify you anyway of any amendments to this document, you agree that the latter has the sole discretion to choose any medium with which to inform you of such changes.

Site Access

The Site does not warrant or represent that you will be able to access the Site or its tutorial services at any given time – service interruptions may occur due to reasons beyond the control of the Site, or because the Site has to undergo a maintenance procedure. The Site hereby disclaims any liability relating to its performance, functionality, accuracy, quality or availability, and reserves the right to stop, modify, or reduce any component of its service, without the need of any prior notice to you.

You hereby agree that you will be solely responsible for setting up the required prerequisites in order to ensure the competent execution of the Site, which can include a good Internet and Mobile access, or the appropriate device. You hereby agree to hold the Site or the Company harmless of any liability pertaining to a reduced functionality of the Site arising from an incompatible device, a substandard internet connection, or for any reason.

Site Information

By using the Site of the Company, you hereby agree that any content or information which can be found on the Site or the services of the Company, including any information given in relation to tutorial services, schedules and availability, or curriculum, and is only provided to you on an “AS IS” basis, and is not intended to serve as educational, legal, financial, expert, technical, or any form of advice to be relied upon in any way. You are therefore highly encouraged to do your own independent verification, confirmation, and fact finding on any information provided by the Site or the Company, and to assess the suitability of each tutorial service for your own particular set of learning needs or circumstances. You agree that the Company makes no guarantees, warranties, or representations of any kind regarding the reliability, accuracy, or veracity of any information contained in this Site or in the course of its services. You hereby further release the Company from any liability or danger which you might encounter any use of information on the Site or its services.

You therefore agree that the Company, or any of its employees, agents, directors, shall in no way be liable to you for any information contained on the Site, or any inaccuracies or errors on the Site. You hereby absolutely release the Company from any liability from any of these incidents.

You also agree to further release the Company for any loss or damages which you might encounter, whether directly or indirectly, or any loss which you might suffer in connection with, or arising from, or directly because of your use of the Site or the tutorial services of the Company, or on your reliance with the tutorial services or scheduling which can be found on the Site, or inaccurate or false information, scheduling, or uncompleted payments which you might either receive, or any down time or non-availability of the Site, interruptions due to hacks or viruses, any technical difficulties, or any hardware, software, or server malfunctions.

Should you have doubts in any way, the Company hereby encourages you to first seek legal advice before relying or acting on any of the information or services found on the Site or herein.

 User Behavior

Any immoral or illegal behavior, or any action which is in violation of these terms and conditions and privacy policies is absolutely prohibited by the Company from its Site. You hereby promise and guarantee that you will only use this Site for legal and moral purposes, and that you will not violate any of these terms and conditions or privacy policies, and that you will not violate any laws and regulations.

You expressly agree not to:

  • Maltreat, bully, or offend any employee, consultant, tutor, or owner of the Company.
  • Create false tutorial bookings, transactions, or do any fraudulent actions through the Site
  • Engage in or spread any content which can be customarily considered as offensive, defamatory, unlawful, or obscene
  • Engage in acts of spamming, contests, pyramiding, or other unscrupulous schemes or acts
  • Use the Site as a lead generation tool in order to get leads for your own personal benefit, or to create lists for other purposes, without the consent of the Company for both these incidents.
  • Upload viruses, documents, hacks, or any files which might harm the Site or its functions.
  • Use scripts or software on the Site.
  • Stalk or harass other members
  • Any other unlawful or immoral acts, or acts which are in violation of these terms and conditions.

Payment and Collection of Credit Card Information

By using the Site, you agree that you may be required to make payments either to the Site or third-party payment facilities installed by the Site, whether directly, indirectly, or on an escrow basis. You hereby absolutely agree that the Site may collect any and all personal information, Credit Card Information, or any information which is relevant to enable you to potentially or actually make payments to the Site, its Owner, or any third-party payment gateways or facilities installed by the Site. You also hereby absolutely agree to allow the Site to charge and collect payments from you, and from the particular payment method you provided, or on the basis of the payment information you provided, whether directly, indirectly, or on an escrow basis. You agree that your mere use of this Site represents your consent and approval to make the Site, the Company, or its third-party Payment Facilities as your authorized representative in order to charge, debit, or collect amounts from your credit card, debit card, Paypal, bank accounts or whatever payment method is the case.

You agree that any payments charged by the Site, the Company, or third-party payment facilities on you are absolutely non-refundable in nature – however, in its sole discretion, the Site, the Company, or third-party payment facilities may return any payments you made in Escrow.

You therefore expressly allow the Site, the Company, or third-party payment facilities installed by the Site to:

  1. Charge you directly, indirectly, or on escrow, for any transactions on the Site.
  2. Charge you directly, indirectly, or on escrow, for any amount required in order to resolve a dispute, as determined by the Site or the Company in its sole discretion, for any transaction.
  3. Charge you directly, indirectly, or on escrow, for any amount which the Company deems to have been paid erroneously to you.
  4. Charge you directly, indirectly, or on escrow, for any amount which the Company deems is necessary for your usage of its Site or services.

Warranty

You hereby acknowledge and agree that you are completely and solely responsible for your use of the site or tutorial services of the Company in relation to your personal circumstances. You further agree that the Company has no responsibility or assumed liability in relation to the site or any of its services.

The Site and the Company provides no warranty and does not guarantee educational or subject improvement in relation to its offered services.

No Agency

You agree that there absolutely exists no employer-employee relationship between you and the Company, or any independent contractual relationship between you and the Company, or even any agency, or joint venture relationship.

User Information

 Before you can use the Site or any of its services, you hereby agree that you may be required to undergo a user registration, and to provide your information in furtherance of such a registration. With this, you agree that you will only submit and provide to the Company, correct, up to date, and relevant information, and that you will not give any false, inaccurate, or misleading information, or information that is intended to mislead the Company. You hereby absolutely agree that the responsibility of ensuring the authenticity and relevancy of your information is solely yours. You also acknowledge that the Company, in its sole discretion, may modify or delete any information which you may have submitted or given to the Site.

In your user registration, or as a requirement for registration, you may be required an email, username, password, or any other information. You agree that the sole responsibility of keeping your account safe and secure is yours.

Should you become aware of any unauthorized use or access of your account or email, or have become aware of any breach in the security of your account or email, then you hereby agree to immediately notify the Company. Further, you hereby agree to release the Company for any liability or claims arising from or in connection with any security breach of your account, or even any unauthorized use of your account. If the unauthorized use of your account causes damage to third parties, you hereby agree to absolutely indemnify the Company for such an incident, and to pay all litigation and related expenses for any claims arising from, or in connection with any unauthorized use of your account.

You hereby also expressly promise that you will never create multiple accounts in the Site, and that your present account is not transferable.

User Indemnity

By using the Site or any of its services, you agree to protect and uphold the reputation of the Company at all times in all your activity and transactions. You hereby absolutely agree to indemnify the Company for any potential or actual liability, losses, or damages which it might encounter or arise if you breach any of these terms and conditions, or violate any law, or for any conduct or action of yours which results in any threatening or damaging act to the Company, and promise to incur all costs of litigation, or related expenses of the Company concerning any disputes or claims which may arise in connection with, whether directly or indirectly, from any of your acts.

Limitation of Liability

By using the Site or any of the services of the Company, you hereby agree to release the Company from any liability, claims, or damages which may arise directly or indirectly, or in connection with your use of the Site or its services. If this provision shall be limited by any Court of law, you expressly agree that the maximum liability of the Company to you is your actual losses, or $100, whichever is lower.

Violations of terms and conditions

You agree that the Company has the sole discretion, for any violation of these terms and conditions or privacy policy, to issue a suspension or reprimand, or even to terminate your account. This holds true in situations where the Company is unable to verify any of the information which you have submitted, or believe in its sole discretion that you committed any illegal or immoral act.

You agree that any decision of the Company regarding this matter is final and unappealable, and that any action or even inaction or leniency of the Company shall not be construed as a waiver of its rights to claim under any law or court of competent jurisdiction.

Termination of User’s Account

You agree that at all times, the Company has the sole discretion to maintain, reduce, or determine who are its students, users, and that the Company can terminate any account in its sole discretion, without the need of any particular justification. You also agree that the Company has the sole discretion to determine on which devices its Site will work, and in which languages and/or countries it will be offered.

The Company reserves the right to reject or cancel any tutorial bookings without the need for any particular justification.

You agree that the termination of your account will mean that you will no longer be  authorized to use or access the Site or any of the Company’s services – however, you also hereby agree that even if your account is terminated, you are still be bound by any prohibitions or requirements on your part contained in these terms, which shall survive the termination of your account.

Refund and Authorization

If you have paid anything to the Site, or have been charged with payments, whether under escrow or not, you agree that all these payments to the Site or charges by the Site, the Company, or its third-party payment facilities are absolutely non-refundable in nature.

However, in its sole discretion and depending on the situation, the Company retains the right to refund you any payments which you have made.

By using this Site, you expressly allow the Site or the Company, or the third-party payment facilities installed on the Site to charge you for payments, directly, indirectly, or on escrow.

Updates to the Site

The Company may update its services, system, or features as it sees fit, and reserves the right to discontinue any of the features or services of its Site as it sees fit, without the need of any prior notice to its users.

Links

Various links may be featured on the Site for your convenience. If you click on any of these links, or are redirected because of these links to another Site, you hereby acknowledge and agree that the operations and content of the target sites or apps of these links are beyond the control of the Site or the Company. As such, you hereby release the Company from any liability or claim if you are exposed to any danger or harm by visiting such apps or sites or by clicking on these links.

Applicable Law and Dispute Resolution

These terms and conditions, and any dispute and interpretation required which may arise from your usage of this Site shall be governed exclusively by the laws of New York, and all claims or judicial actions shall have this as the venue, to the exclusion of all possible venues.

Any dispute arising from this agreement shall be under the auspices of the American Arbitration Association (“AAA”) pursuant to its then current Commercial Arbitration Rules and Mediation Procedures (the “AAA Commercial Rules”). The arbitration will be conducted by a single AAA arbitrator, mutually selected by the parties, as provided for by the AAA Commercial Rules. You agree to be responsible for the AAA charges, including the costs of any mediator / arbitrator. You agree that the arbitrator shall apply the substantive law of the State of New York to claims. Whenever necessary, the arbitration hearing shall be held in New York, New York.