MENTORSHIP AGREEMENT

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this document binding.

PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.

  1. Acceptance of Terms

The terms and conditions set forth below (“Agreement”) and the Privacy Policy constitute a legally-binding agreement between Chevera Eduservices Private Limited (“Nearbycoaching.com ”) (“we”, “our” or “us”), and Service Professional or Mentor (as defined hereunder) (“You” or “Your”). These Agreement contain provisions that define your limits, legal rights and obligations with respect to your participation in (i) the Nearbycoaching.com  website and (ii) the online transactions with respect to mentorship between those users of the Website who are offering/ providing services (each, a “Service Professional” or “Mentor”) and those users of the Website who are obtaining/ using services (each, a “Service User”) through the Website (such services, collectively, the “Services”). The Agreement described below incorporate the Privacy Policy and apply to Service Professionals, who are contributors of content, information, private and public messages, advertisements, and other materials or Services on the Website.

The Website is currently owned and operated by Chevera Eduservices Private Limited.

You acknowledge that the Website serves as a platform for agreeing upon Services between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the Agreement,” you hereby certify that: (1) you are a Service Professional, (2) you have the authority to enter into this Agreement, (3) you authorize the transfer of payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of this Agreement and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Agreement, kindly discontinue viewing or participating in this Website immediately.

Once you accept this Agreement, we will email you with a copy of this Agreement for your reference, with a copy to us. In case of any future change in Agreement, we will keep you informed by sending you emails and asking you to accept the amended terms. You are also advised to follow our Agreement modification policy, as stated below in sub-clause 1.

All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Agreement will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.

  1. MODIFICATIONS TO AGREEMENT AND/OR PRIVACY POLICY

Nearbycoaching.com  reserves the right, in its sole discretion, to change, modify, or otherwise amend the Agreement, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Nearbycoaching.com  will post notice of the changes and the amended Agreement at the domain of www.nearbycoaching.com/Mentors-terms. It is your responsibility to review the Agreement for any changes and you are encouraged to check the Agreement frequently. Your use of the Website following any amendment of the Agreement will signify your assent to and acceptance of any revised Agreement. If you do not agree to abide by these or any future Agreement, please do not use or access the Website.

  1. PRIVACY POLICY

Nearbycoaching.com  has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Agreement set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: https://nearbycoaching.com/privacypolicy.

 

  1. Membership and Accessibility

  1. LICENSE TO ACCESS

Nearbycoaching.com  hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Agreement; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without Nearbycoaching.com ’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be permitted by Nearbycoaching.com  under the terms of this Agreement and are reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable laws.

  1. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. If you are under 18 years of age, you may be able to create an account under the guidance of your parents or legal guardian. You represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are incompetent to enter into this Agreement or that you are not complying with any applicable laws, rules or regulations.

You need not register with Nearbycoaching.com  to simply visit and view the Website and service catalogue available there, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit certain information through the account registration page on the Website and create a password. You will also have the ability to provide additional information, which is required to register for an account and be helpful to Nearbycoaching.com  in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook or Google+ account and log-in credentials (your “Third-Party Site Password”). The detailed registration and on-boarding process has been stated in Schedule I of this Agreement.

You are solely responsible for safeguarding your Nearbycoaching.com  password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Nearbycoaching.com  immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another Mentor’s Account without Nearbycoaching.com ’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not Nearbycoaching.com  will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Nearbycoaching.com  or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered Mentor”.

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

  • You will not copy or distribute any part of the Website in any medium without Nearbycoaching.com ’s prior written authorization.

  • You will not alter or modify any part of the Website other than the content submitted by you.

  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

  • You shall not in any manual or automated manner collect other Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.

  1. Recording of Conversation

Nearbycoaching.com  shall record all the conversations between you and the Service Users on its platform for research and safety purposes. These conversations include voice calls and chat on our platform. You hereby give your consent to the recording applications Nearbycoaching.com to record the conversations.

  1. Mentor’s Conduct

  1. PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), or the posting of your Service (“Offer”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Agreement; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;

  • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

  • contains falsehoods or misrepresentations that could damage Nearbycoaching.com  or any third party;

  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Nearbycoaching.com  all of the license rights granted herein;

  • contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;

  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

  • intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Nearbycoaching.com  employee, agent, manager, host, another user, or any other person though any means;

  • advertises or solicits a business not related to or appropriate for the Website (as determined by Nearbycoaching.com  in its sole discretion);

  • contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Nearbycoaching.com .

  1. NO DISCRIMINATION

(i).        Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Nearbycoaching.com  will not knowingly accept any Posting which is in violation of the law. Nearbycoaching.com  has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

(ii).       Prohibitions with respect to services

While providing the Service using the Website, you shall not:

  • post content or items in any inappropriate category or areas on the Website;

  • violate any laws, third-party rights, Account Policies, or any provision of the Agreement, such as the prohibitions described above;

  • fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;

  • circumvent or manipulate our fee structure, the billing process, or fees owed to Nearbycoaching.com ; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);

  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

  1. Rules for Service Professionals

  1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent his or her academic qualifications; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

Nearbycoaching.com  shall not be liable for any misdeed, errors, misrepresentation, fraud committed by the the Mentor. The Mentor shall solely be liable in such cases.

  1. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT NEARBYCOACHING.COM FEES

Subject to any exceptions set forth in these Agreement or Additional Policies, if any, Service Professionals shall not: (a) offer a catalogue or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge any affectional fees from the Service User without the knowledge of Nearbycoaching.com ; (e) offer the opportunity through Nearbycoaching.com  to purchase the Service or any other service outside of Nearbycoaching.com ; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services (g) try to poach Service User and offer him Services outside Nearbycoaching.com  platform.

In case we realize that any professional is involved in any of the above activities, Nearbycoaching.com  holds the sole discretion to blacklist the Mentor and withhold any outstanding credits or payments to the Mentor.

  1. PROMOTIONAL CAMPAIGNS AND FREE OFFERS

Promotions campaigns and free offers maybe conducted by Nearbycoaching.com  periodically as may be required by the circumstances. The Mentor is allowed to participate in the promotional campaigns and free offers in accordance with their Mentor’s status which is based on the conditions such as Mentor’s performance, review, etc., and other conditions defined by Nearbycoaching.com . The detailed promotions campaigns and free offers terms have been stated in Schedule II of this Agreement.

E.         Performance of Services

In case, the Service User is unsatisfied with the Services provided by you for which the Service User has paid for, our personnel will do the necessary inspection. In furtherance to the inspection, if it is found that the Services delivered by the you is not up to the standard, you will have to perform those Services to Service User once again or refund the amount to them as decided by us. We shall have all rights to take the decisions regarding the quality of Service and amount to be refunded to Service User, and you shall not dispute or argue in any case.

You shall solely be responsible for any losses/damages claimed by the Service User, in furtherance to the Service provided to the Service User.

You shall represent our brand while attending the Service Users assigned by us. You shall by no means poach Service Users provided to you by us.

We are just a technology enabler and provide the necessary platform to provide mentorship to the Service Users. We shall provide a platform on the Website where you can post the content, view online any time on Services sold, payment due or all other reports relating to the Services.

You ensure that you have no criminal history and no criminal proceeding is pending against you. Within 10 days of execution of this Agreement, you shall submit all verification documents to us. If you fail to submit the required documents, your listing on the Website shall be cancelled.

You confirm that your identity is correct and you are all time eligible to be a Mentor as per the requirements set forth by us from time to time and all the disclosures made by you during the onboarding process shall be correct. In case of any breach of terms set forth herein, you shall be liable to compensate us and the Service User. We shall be at the liberty to take any appropriate criminal as well as civil action against you for fraud, breach of trust, cheating, etc.

Services and deliverables to be provided hereunder shall be provided within the time schedule as agreed by us and you with the Service Users under the terms and conditions of this Agreement.

Nearbycoaching.com  shall in no way be responsible for the quality of content posted on the Website and quality of Services provided by you. Nearbycoaching.com  does not take the responsibility of assuring quality of mentorship provided to the Service Users.

Appropriate Description in Listing: You shall be responsible for providing information relating to the Services offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the Services must not be misleading in any manner whatsoever and must describe the actual details of the Services provided by you. You should clearly mention your area of expertise, your experience in your field, how you can help the Service User and all such similar relevant information.  If the description does not match the actual Service provided by you, you agree to refund any amounts that you may have received from the Service Users. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the listed Services.

Categories: If the Website provides for categories of Services, then the Mentor must take adequate care to list Services in the appropriate category. Failure to do so may result in cancellation of listing.

Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

Refusal to sell: Once any Service User confirms a purchase in response to a listing made by you by making requisite payment, the sale is considered complete and you will be liable to provide the Service to the Service User. You cannot refuse to sell the Service, or refuse to accept payment or fail to deliver the Service after the payment has been successfully made and the transaction is confirmed. This shall be subject to the cancellation provision contained herein. We reserve the right to issue a warning, withhold your payments, temporarily /indefinitely suspend or terminate your account on the Website and refuse to provide you with access to the Website in case of refusal to provide the Service.

Cancellation

The Service User shall be able to cancel until 48 hours before the mentoring session.

If the Service User cancels within the grace period, he gets equivalent credits in his/her account. If not, he does not get a refund/credits.

The Service Professionals will be allowed to cancel till 24 hours before the session. The Service Professional will be given an option to cancel and reschedule; which if the Service User approves, the session gets rescheduled to the respective date and time. If the Service User does not approve, the Service User gets equivalent credits in his/her account.

Nearbycoaching.com  shall have the right to cancel a session without giving any notice or reason to the Service Users and Service Professionals. In such event, Nearbycoaching.com  shall refund the money paid by the Service User.

Service User satisfaction: You hereby accept the obligation to ensure high level of Service User satisfaction. If you receive more than 20% negative reviews or feedback from Service Users who have bought Services listed by you, you will be considered to have failed to comply with this obligation. In such case, Nearbycoaching.com  may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling Services.

Ending of Listing: You understand and agree that Nearbycoaching.com  at its sole discretion may end any listing at any point of time without any notice.

 

  1. Use of Submitted Content

 

You understand that whether or not such Submitted Content is published, Nearbycoaching.com  shall take all possible measures to maintain the confidentiality of your submitted content to the best of its ability using the technology tools and processes available, but as it is known that no technology is fool-proof, Nearbycoaching.com  does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by you for which you authorize to be searchable by non-registered users and Registered Mentors  who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Nearbycoaching.com  shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

Nearbycoaching.com  may also disclose your information including personal information if Nearbycoaching.com  reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Nearbycoaching.com ’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement, or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

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  1. Payment Terms

Your payment shall become due only after you have satisfactorily provided the Services to the Service User in accordance with the terms of this agreement. We have a billing cycle of 30 days, from beginning of the month to the end of the month. The payment shall be credited to your bank account, as provided by you during the onboarding process. The amount due to you from the sale happened in previous month, shall be paid to you on or before 15th of the consecutive month by us, after deducting the applicable commission and Goods and Services Tax (GST) thereon. The liability to deposit Goods and Services Tax (GST) on the services provided in accordance with the Indian GST Laws and the liability to deduct and deposit Tax Deducted at Source (TDS) on payments made to us in accordance with the Indian Income Tax Laws shall lie solely on you and we shall have no liability whatsoever in this regard. The liability to pay and comply with any other taxes, duties, cess or other government dues relating to the services provided by you shall lie solely on you and we shall have no liability whatsoever in this regard. Payment terms shall be subject to revision at the sole discretion of the Company from time to time. For Commercials please refer to Schedule III

 

  1. Force Majeure

 

We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.

 

  1. Copyright Infringement Take Down Procedure

 

Nearbycoaching.com  has high regard for intellectual property and expects the same level of standard to be employed by its users. Nearbycoaching.com  may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at info@nearbycoaching.com/nearbycoaching@gmail.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Nearbycoaching.com  to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit Nearbycoaching.com to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.

 

Only the intellectual property rights owner is permitted to report potentially infringing items through Nearbycoaching.com ‘s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Agreement.

  1. Modifications to or Termination of Website

  1. MODIFICATION OR CESSATION OF WEBSITE

Nearbycoaching.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Nearbycoaching.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Nearbycoaching.com services.

  1. TERMINATION BY NEARBYCOACHING.COM

You hereby acknowledge and agree that Nearbycoaching.com , in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Nearbycoaching.com  believes or has reason to believe that you have violated any provision of the Agreement.

  1. TERMINATION BY YOU

You may cancel your use of the Website and/or terminate the Agreement with or without cause at any time by following the link in your Account to Deactivate Account.

  1. Intellectual Property Rights

The content on the Website (exclusive of all Submitted Content by Service Professionals), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Nearbycoaching.com .

All Intellectual Property rights in the Services shall vest in the Service Professional. The Service Professional grants us the right to post the Services on the Website. We shall have a non-exclusive and non-transferrable right to use the Service Professional’s Intellectual Property for the purpose of achieving the objectives of this Agreement.

After the termination of this Agreement, we shall not be allowed to use any Intellectual Property rights belonging to the Service Professional and the Service Professional shall be free to take-down all the contents belonging it, posted on the Website. Our trademarks and trade-names, and other intellectual property rights belonging to us shall lie with us and Service Professional shall not use our trademarks and trade-names, and other intellectual property rights for its own use, without our permission.

 

  1. Notice

You agree that Nearbycoaching.com  may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Website.

N.        Governing Law and Dispute Resolution

 

This Agreement shall be governed and construed in accordance with Indian law, without regard to the conflict of laws provision therein.

All matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in New Delhi and the Parties hereby irrevocably submit to the jurisdiction of these courts.

O.        Indemnity

Each Party undertakes to defend, indemnify and hold harmless the other Party, its subsidiaries, affiliates, agents, officers, employees and assignees on a full indemnity basis, from and against all actions, proceedings claims, demands, costs (including the legal expenses) damages, judgments, decrees, expenses, penalties and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non-performance by such Party of any of its undertakings, warranties, representations or obligations under this Agreement.

You shall indemnify for all the litigations or law suits arising as a result of failure of you to comply with the obligations of the Service Professional as par the terms of this Agreement. You shall indemnify us for the delay or inability in performing Services, due to which we had to indemnify the Service user for the loss suffered. You shall indemnify us in an event where we violate any applicable, state and local law or regulation due to fault on the part of you or your Services.

This Clause O shall survive any termination or repudiation of this Agreement.

 

  1. General Information

  1. ENTIRE AGREEMENT

The Agreement, together with the Privacy Policy and any other legal notices or Additional Policies published by Nearbycoaching.com  on the Website, shall constitute the entire agreement between you and Nearbycoaching.com  concerning the Website. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

No waiver of any provision of this these Agreement shall be deemed a further or continuing waiver of such term or any other term, and Nearbycoaching.com ’s failure to assert any right or provision under these Agreement shall not constitute a waiver of such right or provision.

  1. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  1. SECTION HEADINGS

The section headings in the Agreement are for convenience only and have no legal or contractual effect.

 

 

Schedule I

Mentor Registration and On-boarding process

1.       Mentor on-boarding Process

Mentors, intending to register on the Nearbycoaching.com are required to complete a two-step process viz. Expression of interest and On-boarding.  

Expression of interest:

Any Mentor who expresses their intention of listing on Nearbycoaching.com  and offering the services is required to provide basic information such as Name, Email, Phone number, City, Level of education, College, Course, Stream and Year of Graduation and choice of services that he/she would like offer. On the registration an email confirming the registration along with the draft “Terms and Conditions Document” will be sent to the Mentor on the email id he has given at the time of registration.

On-boarding:

After due-diligence, Nearbycoaching.com will initiate the on-boarding process. As part of on-boarding process, Mentors are required to provide next level of information as detailed in KYC process.

  • Name of the ‘Mentor’ –

  • Full Communication Address of the Mentor

  • Bank Account Details (Name, Account #, Bank Name, Branch, IFSC and Copy of a cancelled Cheque

  • [ ]

  • [ ]

  • [ ]

Mentors are required to read and accept the terms and conditions along with payment structure in the website as part of the on-boarding process. After accepting the T&C, Mentor will receive a final copy of the accepted T&C, Payment structure for their records.

2.       KYC Process:

This KYC verification procedure is aimed to further help Nearbycoaching.com become a safer and secure e-commerce platform.

As part of the KYC process, Mentor is required to provide one valid document for proof of identity and one valid document for proof of address of the bank account holder/beneficiary.

(a)        Proof of Identity

(b)        Proof of Address

For a list of acceptable document proofs for each item above, please click here.

Schedule II

Promotional Campaigns and Free Offers

From time to time in accordance with the need of the season/circumstances, Nearbycoaching.com will run promotional campaigns/offers. In such campaigns Nearbycoaching.com proposes to sell the Services at discounted prices or free of cost or both with respect to certain products.

Mentors are invited to participate in such campaigns in order to increase their sale and revenue. However, such participation is voluntary and the Mentor in his discretion may choose to opt-out.

In case any Mentor did not opt-out, then it is considered that he voluntarily chooses to participate in the said campaign.

When a Mentor participates in the said campaign, it is his responsibility to ensure that he is capable of and is ready with the Services that are required to participate in the said campaign. The Mentor thereby undertakes that, once he chooses to participate in the said campaign he accepts and will abide by the terms and conditions defined by Nearbycoaching.com with respect to such campaigns.

A Mentor participating in such campaigns are not allowed to cancel the mentorship session. However, in any circumstance a Mentor had to cancel then, it shall be subject to cancellation terms.

Schedule III

Commercials

To be sent separately on mail.