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Terms & Conditions

Updated as of 22 May 2022

 

PLEASE READ THIS DOCUMENT CAREFULLY.

 

Present Minds Pvt Ltd (“Present Minds “we,” “us,” “our”) provides its services (described below) to you through its website located at Classbuk.com (the “Site”) and through its subdomains, mobile applications, and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). At our sole discretion, we reserve the right to change or modify portions of these Terms of Service at any time. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”. Present Minds Private Limited will be offering this platform along with some additional services and tools (e.g. payment gateways, video conferencing ), and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Present Minds Private Limited Services”.

 

 

Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Present Minds Private Limited on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Classbuk Community standards, Requirements for teaching, and Class Content Policy. All such terms are hereby incorporated by reference into these Terms of Service.

The Services consist of an online marketplace and platform through which Teachers may offer Classes for sale to Parents, and Parents may purchase such Classes for the benefit of their children. While Present Minds Private Limited strives to high standards of service, you acknowledge and agree that: (1) Present Minds Private Limited is not a party to any agreements entered into between Teachers and Parents, (2) Present Minds Private Limited only provides certain tools to facilitate the purchase, sale, and provision of Classes, (3) Parents contract for classes directly with Teachers (4) Present Minds Private Limited is not a broker, agent (except as expressly set forth below) or insurer, and (5) Present Minds Private Limited disclaims all liability for the conduct of Teachers, Parents, or any other Users of the Site or Classes or for the content used by the teachers. Different sections of the Site and Terms of Service affect Teachers and Parents differently, so please be sure to read these Terms of Service carefully.

By using our Platform in any manner you are expressly agreeing to, and giving your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Present Minds Private Limited’s Services in any manner.

 

 

Key Terms

“User” “you” or “your” means a person, organization, or entity using the Services, including Parents and Teachers.

“Parent(s)” means a parent or legal guardian who completes Present Minds Private Limited’s account registration process to purchase Classes for the purpose of enrolling a learner.

“Teacher(s)” means a person who completes Present Minds Private Limited’s account registration process to sell Classes for use by Parents.

“Class(es)” means any online class(es).

Access and Use of the Service

 

 

Services Description: Present Minds Private Limited’s Service is a marketplace for kids aged 3-18 years, designed for Parents to book Classes for the benefit of their child or children, and for Teachers to market, sell and conduct their Classes. Present Minds Private Limited’s responsibilities are limited to (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. There are risks that you assume when dealing with other Users (including those who may be acting under false pretences). While Present Minds Private Limited strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Present Minds Private Limited. Present Minds Private Limited does not control the behaviour of Users or the quality or the content of the Classes. As a result, Present Minds Private Limited cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes or content used by Teachers. Present Minds Private Limited is neither a content provider nor not an educational institution. Teachers and Learners are not employees of Present Minds Private Limited. Present Minds Private Limited is not responsible for interactions between Teachers and Learners, with the exception of providing the technological means through which Teachers may broadcast and otherwise make their Content available and, at each Teacher’s election, for processing payments through Present Minds Private Limited’s payment gateway(s) or bank accounts. Present Minds Private Limited is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Teacher/Student relationship, including but not limited to, any Learner’s reliance upon any information provided by a Teacher or Teacher Content on the website ( including teacher’s bio) or otherwise at any time.

 

Your Registration Obligations: You will be required to register/opt-in/ enroll with Present Minds Private Limited in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.  You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent/Guardian to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent/Guardian and you provide your consent to your child’s use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.

 Prices:

  • Prices mentioned on the website( if any ) or shared separately are subject to change without advance notification. Prices and slots for classes are not committed beyond paid sessions. An approximate rate is considered to arrive at the amount payable in local currency ( eg 1 USD = 8 HKD) and a real-time daily rate is not taken.
  • Higher package lower per session price. Enrol for a higher package to reserve prices and teacher slots
  • Parents can invite other kids to form and start a small group as small as 2 students also
  • Payment can be made via payment link without adding beneficiary in less than a minute in more than 100+ currencies.
  • Prices are for classes starting at 7 am to ending up to 9 pm IST. Classes between 9pm IST to 7 am IST is charged at 5 % additional per class fee.  
  • Packages are per subject per student
  • Prices are valid as of the date of the offer for subjects requested by parents subject to the availability of teacher slots.
  • Music lessons are 45 mins. Others are 55-60 mins classes
  • In the case of fixed-duration lessons like coding or abacus, the duration will be as per the course designed
  • In case of transfer or refund of balances, the prices for classes completed will be considered as per pricing tier. Eg if 24 sessions @ HKD 120 are purchased but only 10 sessions are completed, the balances used for 10 classes will be HKD 10 x 132 per session ( which is the pricing tier for less than 24 sessions) The balances will be transferred to the new/ existing  class as per pricing tier applicable. 

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Present Minds Private Limited of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Present Minds Private Limited will not be liable for any loss or damage arising from your failure to comply with this Section.

The user (parent/guardian) agrees to comply with the guidelines as updated from time to time. https://www.classbuk.com/start

 

Account Ownership Disputes

In the unlikely event that there is a dispute over the ownership of an account, Present Minds Private Limited has the right to request additional information from you to determine ownership and settle the dispute. The information that we may request to assist in resolving ownership disputes includes, but is not limited to, the following:

  1. a certified copy of your photo ID and address proof;
  2. Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
  3. Your billing information and details;
  4. Certified copies of your tax forms; and
  5. Other documentation as we deem necessary to settle the dispute.

Should a dispute arise, Present Minds Private Limited reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law

 

Modifications to Service: Present Minds Private Limited reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Present Minds Private Limited will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. From time to time, we may restrict access to some or all of the platforms to Teachers and Learners.

 

General Practices Regarding Use and Storage: You acknowledge that Present Minds Private Limited may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Present Minds Private Limited’s servers on your behalf. You agree that Present Minds Private Limited has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Present Minds Private Limited reserves the right to terminate accounts that are inactive for an extended period of time or on any other basis at its sole discretion. You further acknowledge that Present Minds Private Limited reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

Services

Present Minds Private Limited may provide the opportunity for Teachers to sell offerings (“Services”) to Learners in addition to the courses that the Teacher sells on the Platform (together Services and courses are referred to as Content). All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third party content, you agree that Present Minds Private Limited is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Teacher.

 

 

Video recordings of live online classes

Classes that take place through Present Minds Private Limited’s video chat platform are recorded by Present Minds Private Limited (“Class Recordings”) at Present Mind’s Pvt Ltd’s discretion. Class Recordings may also be made available subject to Present Minds discretion only, to the Teacher concerned providing the Class in question to review the Class Recording personally in order to improve their classes, subject to parental consent ( if the student’s face is visible or the student is identifiable)  or provide a viewable copy to students who missed the class, or who wish to review their Class, for their personal educational purposes, at Classsbuk discretion. Any class recordings containing images of students will not be shared with other parents other than parents of the student concerned. Before viewing a class recording on Present Minds Private Limited, parents and teachers must agree in writing not to share it with anyone.  In addition, Present Minds Private Limited may use Class Recordings to provide and improve our Services, for customer support, monitoring, quality improvement, and compliance purposes. Present Minds Private Limited retains Class Recordings for a reasonable time after the date of the applicable Class, subject to our Privacy Policy after which they are permanently deleted. Notwithstanding the foregoing, Present Minds Private Limited will also delete Class Recordings earlier or anytime under the following circumstances : (a) upon the specific request of a Parent for the deletion of a specific class recording. or (b) upon the reasonable determination of Present Minds Private Limited that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. Notwithstanding the above, class recordings may remain non-deleted in the event of a technical or manual error or in the event specific class recordings are required by the Company for marketing, dispute, legal, regulatory, compliance or audit purposes and so on. Classbuk will not use any Class Recordings containing images of you (or your children) for any marketing purposes or otherwise without the parent’s express consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above. Present Minds Private Limited makes recordings of live classes for safety and quality assurance. Enrolling in class does not guarantee access to class recordings – they are shared at Present Minds’ discretion. While parents are welcome to take pictures and videos depicting their own learners participating in class, it is never okay to capture or share other learners’ faces or names or record teacher content and use it for their own commercial purposes. While we do take all necessary precautions and expect Teachers and Permitted Recipients to abide by our standards of conduct, please note that we cannot control or monitor what such third parties ultimately do with Class Recordings, and disclaim all responsibility in that regard.

Present Minds Private Limited uses recordings to provide coaching to teachers, for customer support, and for compliance and monitoring purposes.  We take learners’ and teachers’ privacy seriously and never share class recordings (or any of our community members’ personally-identifying information) outside Present Minds Private Limited for marketing purposes or for any other reason without your explicit consent if your child is identifiable in the class recording. 

 In the event, a recording is shared, you are not permitted to attempt to otherwise reproduce or display the Class recordings outside of the Classbuk Site. We cannot guarantee the results of the quality of the Lesson Video as they may vary depending on the user’s bandwidth. You agree that your use of the Lesson Recording Feature is for use only in connection with Classbuk lessons, and the resulting video is subject to all applicable local, state, and federal laws and regulations. You also agree to comply with national and local laws or rules regarding online conduct. 

 

You agree, without limitation, that you shall not use the Lesson Recording Feature in connection with any content that:

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; is intended primarily to promote a cause or movement, whether political, religious or other;
  • contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
  • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  • discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian, or educational supervisor;
  • infringes any copyright, trademark, patent, trade secret, or other intellectual property rights;
  • harms or is inappropriate for minors to view;

 

You also grant Classbuk the right to use the Class recordings, or portions thereof, and any facts, ideas, concepts, know-how, or techniques (“Information”) contained in any Class recordings or communication you transmitted through Classbuk for developing, manufacturing, and services. You grant all rights described in this paragraph in consideration of your use of the Lesson Recording Feature, without compensation of any sort to you.

 

Disclaimer of Responsibility for Material: Class recordings are not endorsed by Classbuk and do not represent the views of Classbuk or its parents, subsidiaries, affiliates, agents, officers, or directors. You acknowledge and agree that Classbuk does not control any of the Class recordings, and disclaims any responsibility for such Class recordings. Classbuk specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Class recordings. In addition, Classbuk does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current, or error-free.

Classbuk prohibits users from recording any copyrightable third-party materials as part of their Class recordings.

 

Certain Teacher Obligations

The Instructor has represented to the Company that he/she has the necessary expertise, experience, knowledge, and qualifications to provide the Services. The instructor may be referred to as a teacher, tutor, and service provider or similar name interchangeably through the contract or on the site www.classbuk.com/

Instructor undertakes that all the information he/she provides to the Company on accessing and/or using the Services of Company is and shall remain true, accurate, and complete at all times. As a Teacher, you must provide Present Minds Private Limited with any information requested in order for Present Minds Private Limited to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. Present Minds Private Limited has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Present Minds Private Limited has the discretion to edit your submissions as needed to conform them to our marketplace standards. Present Minds Private Limited has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. Present Minds Private Limited may, but is not required to, conduct background checks on and interviews of Teachers at its discretion and solely for its own benefit. As a Teacher, you agree to such background checks and to participate truthfully in such interviews. 

Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes and Present Minds Private Limited assumes no responsibility for a Teacher’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules, or regulations.

You understand and agree that Present Minds Private Limited is not an insurer, agent, or employer for you as a Teacher. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Present Minds Private Limited is not a party thereto. Notwithstanding the foregoing, Present Minds Private Limited is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Present Minds Private Limited to any third parties.

As a teacher, you also agree to pay any taxes, including GST, TDS, or amount due from you but not collected from you.

The instructor may perform the services required by this Agreement at such place or location and at such times as they may determine and shall ensure adequate internet connectivity as prescribed by Present Minds in order to maintain the quality of the lessons

The Instructor must be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class that they conduct

At all times during the term of this contract, the Instructors must maintain a clean and neat appearance and shall maintain high professional and ethical standards including, without limitation, refraining from making any statement or committing any act which may cause offence on the grounds of race, sex, age or disability.

The teacher agrees to refrain from any interest, of any kind whatsoever, or engage in any business competitive to the Company’s business. The teacher further acknowledges they will not engage in any form of activity that produces a “conflict of interest” with those of the Company.  Conflict of interest may occur due to activities such as and not limited to stealing Company’s confidential parent data or processes or documents etc.  Without limitation to other remedies available to the Company, a Teacher found to be in violation agrees to pay the Company for all consequential losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.

The teacher is permitted to teach his/her students directly or through another platform if such engagement does not produce a conflict of interest. 

The Instructor accepts and acknowledges that the lessons may be recorded and gives Present Minds permission for the same and waive his/her right to claim any compensation for the same.

The Instructor acknowledges that they have a responsibility towards the well-being of the students assigned to them and shall always maintain the decorum of a teacher-student relationship. The Instructor undertakes to always conduct the lessons in obedience to the applicable law. Any kind of offensive behaviour with the student or parent shall result in immediate unilateral termination of this Agreement. The teacher agrees to maintain professional behaviour and follow guidance for online teaching provided by the Company at all times. This includes and is not limited to being punctual, prompt in responses to the Company and parents, prompt assignment of homework or synopsis, maintaining a reliable and fast Internet connection, maintaining correct updated information of self and classes with the Company, ensuring completion of the course as per schedule committed. Any kind of offensive behaviour with the student or parent shall result in consequences to teachers not limited to immediate unilateral termination of this Agreement and imposition of penalties at the sole discretion of the Company. 

The instructor agrees to comply with the guidelines as updated from time to time. https://www.classbuk.com/guide/

Present Minds is not liable for payment for delays/cancellations of class on account of technical issues which are outside the control of Present Minds Pvt Ltd.

Present Minds reserves the right to apply deductions/ penalties to teachers for various issues. The amount and category of such penalties are subject to change at the discretion of the Company. The list of defaults is indicative only. Some deductions are in the nature of on hold and no penalty is levied and reversed based on the teacher’s request for reversal if the requirements are complied with in the subsequent review period. 

TEACHER PENALTIES OR HOLD AMOUNTS

CATEGORY NATURE Minimum HOLD/ PENALTY
CATEGORY A

Class quality issues of the first instance: Sharing of full name via Zoom or teaching material used in the class.

Class quality issues: Rs 50 for each case of default will be held back on account of the following indicative list of issues :
Not joining on time ( Rs 50 per 5 mins ),
Leaving students unattended (Rs 50 per 5 mins),
Keeping camera off ( Rs 50 per 5 mins)
Early closure of classes (Rs 50 per 5 mins) without obtaining permission from parent or Classbuk,
Not arranging a PTM or submitting a progress report whenever it is due
Eating during the class.
Giving free slots which are blocked but not available etc.
Repeated instances will attract higher penalties.

Rs 50 for each case / Rs 50 per 5 mins REFUNDABLE
CATEGORY B More than 1 emergency class cancellation/ rescheduling ( ie less than 24 hours) or more than 2 class cancellations/rescheduling ( > 24 hrs notice) in a month. Medical emergencies with doctor or hospital supporting documents will not be counted. Rs 300 per day REFUNDABLE
CATEGORY C In case of teacher cancels class at the time of class start time or is absent for a class without intimation. Medical emergencies with supporting will not be penalized. Rs 500 REFUNDABLE
CATEGORY D Serious issues such as Termination or cancellations of paid classes ( per student), termination without sufficient notice of 30 days, telling lies (eg not well, internet not working ), etc. A minimum of Rs 1000 per student in each case up to withholding any outstanding payables/salaries by
the Company.
PENALTY
CATEGORY E Very serious issues such as sharing or receiving parent contact information directly or indirectly, promoting competition, misbehaviour with the students, recording of classes etc, Minimum of Rs 5000 per student in each case up to withholding any outstanding payables/salaries by
the Company.
PENALTY
NO SHOW CREDIT

The teacher will be eligible for no show credit of Rs 100  in case the student does not join the class after the teacher has waited in the class for 15 mins after informing/calling Classbuk and there is no update that student is joining. Teachers are requested to call Classbuk in case their message has not been seen so that we can check with the student immediately.

In case the student joins with a delay ( except where the student has been trying to join but has not been able to due to technical issues), then the teacher can take the class for balance time.

Rs 100

Above list of defaults are indicative.

Note: HOLD amounts are Refundable amounts and will be refunded subject to request from a teacher concerned after a successful non-repeat of the specific issue in the next 2 settlement months. So if a deduction has happened for a class completed in Jan 2024, there should not be any repeat of the same case in Feb and Mar 2024. Teachers should request for refund amount via email to support@classbuk.com in April 2024

Repeated defaults or Gross negligence shall result in consequences to teachers not limited to the imposition of penalties as above, and /or immediate unilateral termination of this Agreement and/or withholding of all pending settlement dues at the sole discretion of the Company. Present Minds may collect bank charges or taxes incurred on account of refunds processed to parents due to paid class cancellation by a teacher or due to issues attributable to the teacher’s performance. The penalties will be deducted at the time of monthly teacher settlement.

 

 

Parents and students sign up for a slot that fits best within their busy schedule, especially in this case where the student is preparing for her exams. Teachers should keep changes to that schedule at a minimum. Cancellations/Rescheduling can affect the parents and students in a negative way, and your goal is to keep them coming back for more of your classes. We understand in some cases like medical emergencies, it’s necessary to cancel classes, but please try to avoid it.  If you are cancelling, please do so as early as possible and no less than 24 hours before. 

Please refer to the updated terms and conditions and the Classbuk guide for teaching with Classbuk.

OTHER

If the Teacher cannot continue the classes for existing students or new students due to exigency, the teacher shall inform the Company in writing at least 30  days in advance with a formal message to be sent to his/her enrolled parents stating the reason for discontinuation. A minimum of  500 hrs of paid teaching hours is needed for any experience letter to be issued. 

The teacher is required to provide make-up classes for private lessons within the week subject to student availabilty. 

The teacher will not in any way solicit or provide any personal information (full name, mobile no, email, you-tube link, display full name on the video platform, etc.) or discuss the prices with parents/learners directly or indirectly.  The teacher will not use any presentation or material consisting of information consisting of personal information. If any student or a parent ever discloses or seeks personal information or commercial terms from the Teacher or connects with the teacher directly, the teacher agrees to immediately report this event to the Company via email and phone. 

The teacher acknowledges that prices quoted on site (Classbuk.com) or social media pages for their classes, if any and the actual gross sale price may vary on account of discounts/referrals or special offers or affiliates offers and the amount mentioned on the website does not represent the amount payable to the teacher. The teacher acknowledges that the Company is not sharing the breakup or support of expenses like bank charges, taxes, or foreign currency conversion at the teacher/class level. The Company reserves the right to offer discounts or offers or affiliate marketing to ensure your class sale in the already competitive market. We reserve the right to offer discounts to gain more referrals from parents and get more classes for our teachers. (eg. offering discounts/referrals to the quoted website price to parents for bringing more kids to  classes ) 

The payment shall be made based on the invoice/ bill raised by the teacher for completed classes. The teacher shall submit details of completed classes (name of learner, date of class) from their records in any month latest by the 5th of next month via email to support@classbuk.com or via any other mechanism implemented by the Company. 

The amount payable to the teacher for completed classes will be transferred after deducting the applicable Tax Deducted at Source (TDS)as per Govt regulations and the teacher agrees to reimburse any amount that was not collected rightfully due to the Company including TDS. TDS is as per government norms and is not decided by the Company. Any other taxes as per government rules will apply.

Any expense or loss incurred on account of the Teacher sub-par performance including student refund, taxes, the student claims, penalties by the Company if any will be deducted from the Teacher’s share or payment.

The instructor shall keep confidential all information of the Student, parents, and Present Minds including contracts entered with Present Minds. Unless otherwise specified by the Company, all information received by the Instructor during the instructor’s engagement from the Company, its group, holding or subsidiary companies, its clients, vendors, partners, clients, or customers shall be deemed to be Confidential Information

The instructor shall not assign any of his/her duties or obligations under this contract to a third party without the written permission of the Student.

The instructor shall make no promises or warranties with regards to a Student’s performance as a result of any tutoring provided through Present Minds.

Instructors shall be responsible for his/her own costs incurred for internet data and software/ subscriptions where needed, in order to facilitate online tutoring/services. Class sales price (Fees) may be adjusted from time to time and shall become effective after consultation with Classbuk.

 

The teacher confirms that he/she is at least 18 years of age and a resident of India and all the information provided to Present Minds Pvt. Ltd is true to the best of his/her knowledge and is not restricted to enter into this agreement in any manner.

 

The Teacher shall not, to the maximum extent enforceable by applicable law, during the term of this Agreement and for a period of two (2) years thereafter solicit for hire or hire or encourage or otherwise induce any parent, client, consultant, employee, vendor, or other counterparty of or stakeholder in the Company to terminate their engagement or contract with the Company for any reason whatsoever.

Annexure A to this Agreement is agreed separately with each teacher at the time of onboarding

Payment Terms

General: Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site including convenience fees taxes, including but not limited to internet handling charges and/or the applicable payment gateway charges and taxes as may be levied from time to time. All Enrollment Fees are payable in the currency specified at the time of purchase. You shall be responsible for all taxes associated with the Services other than taxes based on Company’s net income. Parent hereby authorizes Present Minds Private Limited to bill Parent’s payment instrument upon confirmation of purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Present Minds Private Limited know within 15 days after the date that Present Minds Private Limited charges you. Present Minds Private Limited reserves the right to charge booking fees/service charges and applicable taxes (GST  etc) on every transaction concluded using the Platform. Present Minds Private Limited further reserves the right to alter such booking fees/service charges from time to time, without prior notice to the Users.

 Instructor’s relationship with Present Minds

Instructor’s relationship with Present Minds will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. The instructor will not be entitled, under this Agreement, to any of the benefits that Present Minds may make available to its employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays, or sick leave, or workers’ compensation insurance. Instructor agrees to provide all tools and instrumentalities, if any, required to perform the services under this Agreement, at its own cost.

Teacher Payment:

When a student/parent purchases your course/classes, we apply the percentage share to the teacher on gross sale fees and calculate net payable after deducting entire bank charges, total GST on gross fees and other taxes or a fixed fee as may be agreed and apply deductions such as Student refunds, penalties to the teacher, etc. The net payable amount is paid after applicable TDS. If a teacher is referring a student for their own classes to the platform, the teacher gets a higher percentage of the gross sales amount.

The prices quoted on-site (Classbuk.com) for classes if any and the actual gross sale price may vary on account of discounts/referrals or special offers or affiliates offers and the amount mentioned on the website does not represent the amount payable to the teacher. 

The net sales price may change from time to time also on account of changes in foreign exchange rates, tax rates, bank charges, or payment gateway charges. The teacher acknowledges that the Company will not be sharing the breakup or support of expenses like bank charges, taxes, or foreign currency conversion. 

The Company reserves the right to offer discounts or offers or affiliate marketing to ensure your class sale in the already competitive market. We reserve the right to offer discounts to gain more referrals from parents and get more classes for our teachers. (eg. offering discounts/referrals to the quoted website price to parents for bringing more kids to classes ) 

If a student does not join your class after your wait of 15 mins from the time of your call to Classbuk and there is confirmation from Classbuk to leave the session as A Show, you will be eligible for a “No show credit” amount. The no-show credit amount is not the same as per class fee payment.

The price arrangement for classes by Indian and overseas learners may vary and Present Minds Pvt. Ltd can optimize your list price in different markets. Present Minds Private Limited has the discretion to act on behalf of the Parent and to not transfer the Enrollment Fees to the Teacher if the Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. Present Minds Private Limited will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Present Minds Private Limited with respect to a refund shall be final and binding on the Parent and Teacher. Present Minds Private Limited may also offer paid premium listing and/or paid promotions for the Service Providers desirous of promoting their Activity on the Platform. Payment for a such premium listing and/or promotions shall be made by the Service Provider in the manner instructed by Present Minds Private Limited at the time of listing.  Teachers and parents should communicate to reschedule classes if needed. Present Minds Pvt Ltd reserves the right to deduct penalty for No show by teachers without sufficient advance intimation of at least 24 hours. For any absent classes, the teacher is required to offer makeup classes. If you are unable to come to a resolution, please email support@classbuk.com, specifying the details of the class you missed, and we can issue a refund after review.

 

Teacher Receiving Payments: For us to pay you in a timely manner, you must own a rupee resident Bank account in India in good standing and must keep us informed of the correct bank account details including the email associated with your account. You must also provide any identifying information or tax documentation necessary for the payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.

Depending on the applicable payment model, payment will be made within a reasonable period of time after the relevant course consumption occurred.

As an instructor, you are responsible for determining whether you are eligible to be paid by an Indian company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

 

Limited Payment Collections Agent: Each Teacher appoints Present Minds Private Limited as the Teacher’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from the Parent. You agree to not quote the non-competitive fees on the site for your classes compared to the prices for your classes that you quote for your direct classes. Each User agrees that payment of Enrollment Fees by a Parent to Present Minds Private Limited, as that Teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Teacher and the Teacher will provide the relevant Classes to the Parent, as outlined on the Site as if the Teacher had received payment directly. Present Minds Private Limited, as a limited payment collection agent for the Teacher, agrees to facilitate the payment of any Enrollment Fees (less the Present Minds Private Limited Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between Present Minds Private Limited and the Teacher. In the event that Present Minds Private Limited does not remit such amounts, the Teacher will have recourse only against Present Minds Private Limited. The Users understand, accept, and agree that the payment facility provided by Present Minds Private Limited is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on booking of Services, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the payment facility, Present Minds Private Limited is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction fees. While availing any of the payment method(s) available on the Platform, Present Minds Private Limited shall not be held responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Users due to Lack of authorization for any transactions; Any payment issues arising out of the transaction or Decline of such transaction for any reason not attributable to Present Minds Private Limited

 Present Minds Pvt Ltd is not liable for teacher payments if parents have defaulted on class payments or disputes payments for class fees for classes already conducted. The payments are almost always collected in advance. However, there are situations where the parents delay making the payments and we constantly follow up for payments. The clause is to cover situations where a parent then disputes payment for a few classes on account of performance or the settlement fails on account of factors beyond our control both the company or the teacher does not earn.

You agree that Present Minds Private Limited may deduct the charges/service fees/commission from the fees earned by you. In case of any outstanding due, Present Minds Private Limited has the right to collect the dues from the credit card or debit card that you provide or set off against your balances with us or future payments to you.

Should you not authorize payment or deduction for outstanding or are otherwise not current on Your payments for Present Minds Private Limited Services, Present Minds Private Limited may restrict your Platform access until your account becomes current and paid in full.

Present Minds Private Limited reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Present Minds Private Limited and/or retaining collection agencies or legal counsel

Present Minds Private Limited reserves the right to offer custom plans, discounts, and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals that are different from our standard terms.

 

Refunds: You acknowledge and agree that students have the right to receive a refund, as detailed in the Terms & Conditions and refund policy. Teachers will not receive any revenue from transactions for which a refund has been granted under the Terms & Conditions and may be charged bank charges/ claims by the parents in case of such refund caused solely due to the teacher’s breach of contract or sub standard performance.

If a student asks for a refund after we have paid the relevant instructor payment for completed classes, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s courses.

 

Pausing / Suspension of  Classes: 
Classes can be paused by Parents for a maximum period of 2 months subject to approval by Classbuk in specific situations like travelling, family emergencies etc. The parents will not incur any loss of classes due to the pause in classes. Any suspension of classes beyond 2 months will lead to a loss of balance credit with Classbuk.

 

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Present Minds Pvt Ltd. Present Minds Pvt Ltd reserves the right to investigate and take appropriate legal action against anyone who, in Present Minds Pvt Ltd’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

 

You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Present Minds Pvt Ltd, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Present Minds Pvt Ltd or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone in violation of our Privacy Policy;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
  • engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries)
  • platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
  • disrespectful while using the Present Minds Private Limited Platform
  • to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content
  • use the platform or any content contained on the Platform for any purposes other than intended.

 

By joining Present Minds Private Limited teacher/service provider agrees to the following

  1. Under no circumstances may a teacher ask for or accept payment directly from any student/parent whom the Teacher meets through the Present Minds Private Limited system. Payment must always be made directly to Present Minds Private Limited only. The teacher must inform the student that payments must be made through Present Minds Private Limited only.
  2. If any student suggests or solicits the teacher to do work (including teaching, assignment help, etc) for a student external to the Present Minds Private Limited system, the Teacher agrees to immediately report this event to Present Minds Private Limited by phone AND in writing.
  3. The teacher will not attempt external solicitation of work (including teaching, assignment help, etc) from any student, nor will Teacher accept any work from such students external to the Present Minds Private Limited system. All work for a student will be done via the Present Minds Private Limited system only.
  4. For all commitments/representations of the teacher to Student other than those which are mentioned on the website, teacher alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.
  5. The teacher is expected to conduct himself in a teacher / coach-like manner which is generally prevalent and acceptable in a teacher and student relationship.
  6. The teacher will not in any way solicit any personal information from any student (such as birth date, email address, phone number, home address, messenger ID, or any other type of contact information). If for any reason Teacher needs to obtain such information from the student, then Teacher will first contact Present Minds Private Limited in writing explaining the need.
  7. If any student ever discloses personal information to the Teacher (such as birth date, email address, phone number, home address, messenger ID, or any other type of contact information), or asks the Teacher for any such personal information, Teacher agrees to immediately report this event to Present Minds Private Limited by phone AND in writing
  8. The instructor should ensure that any image/ video of online classes conducted through Present Minds is not recorded unless requested by Present Minds. Should the Instructor become aware of any such unauthorized recording, he/she should immediately intimate Present Minds.

 

Violation of Conduct Code – Without limitation to other remedies available to Present Minds Private Limited, a Teacher found to be in violation of the above code of conduct agrees to pay Present Minds Private Limited for all consequential losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.

 

Special Notice for International Use; Export Controls: No Software may be downloaded from the Service or otherwise exported or re-exported in violation of export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Present Minds Private Limited are reserved.

 

Intellectual Property Rights:

Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Present Minds Private Limited Content”, and is and remains the sole property of Present Minds Private Limited. Present Minds Private Limited Content, including our trademarks, may not be modified by you in any way.

Except as expressly authorized by Present Minds Pvt Ltd, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Present Minds Pvt Ltd from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Present Minds Pvt Ltd, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Present Minds Pvt Ltd.

The Present Minds Pvt. Ltd name and logos are trademarks and service marks of Present Minds Pvt Ltd (collectively the “Present Minds Pvt Ltd Trademarks”). Other Present Minds Pvt Ltd, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Present Minds Pvt Ltd. You should not interpret anything in these Terms of Service or the Service to mean that Present Minds Pvt Ltd is in any way explicitly or implicitly giving you any license or right to use any of Present Minds Pvt Ltd Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Present Minds Pvt Ltd Trademarks is only for Present Minds Pvt Ltd’s exclusive benefit.

 

Third-Party Material: Under no circumstances will Present Minds Pvt Ltd be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Present Minds Pvt Ltd may, but is not required to, pre-screen content, and Present Minds Pvt Ltd and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Present Minds Pvt Ltd and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Present Minds Pvt Ltd, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Present Minds Pvt Ltd does not claim any ownership (copyright, trademark, or otherwise) over your User Content. You are solely responsible for ensuring that your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to Your use of the Platform. You agree that Present Minds Private Limited shall not be liable for any content that appears on the Platform.

 

By submitting, posting, or otherwise uploading User Content on or through the Services you give Present Minds Pvt Ltd a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

 

  • with respect to User Content that you submit, post, or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
  • with respect to User Content that you submit, post, or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Present Minds Pvt Ltd to provide you with the Services.
  • We may record all or any part of your submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Classbuk permission to use your name, likeness, voice, and image in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Classbuk’s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to Present Minds Pvt Ltd are non-confidential and Present Minds Pvt Ltd will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You acknowledge and agree that Present Minds Pvt Ltd may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Present Minds Pvt Ltd, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

 

 

By uploading your content to the Present Minds Private Limited Platform, you agree that:

  1. Present Minds Private Limited may review your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Present Minds Private Limited has no obligation to review anything that you upload
  2. You are uploading your content to the Present Minds Private Limited Platform at Your direction and that Present Minds Private Limited does not in any way certify or provide approval or permission prior to you uploading Your content
  3. Present Minds Private Limited may display your content to other users (e.g. Your Learners) via the Present Minds Private Limited Platform
  4. You agree that by uploading Your content to Our Platform, you are allowing Us to store Your Content
  5. You agree to provide Present Minds Private Limited with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Present Minds Private Limited Services (In other words, because you own Your Content, you have to give Us permission to display it or to use it for internal operational purposes, like storing it on Our servers)
  6. You are responsible for and own, or have the rights to use, all of Your Content.

You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

 

Present Minds Private Limited’s General Rights in Operating Its Platform

 

 

Present Minds Private Limited reserves the following rights over the entire Present Minds Private Limited Platform:

  1. Present Minds Private Limited may remove anyone from the Present Minds Private Limited Platform at any time for any reason, solely at Present Minds Private Limited’s discretion. This right is not modified by any other section of this Agreement
  2. Present Minds Private Limited may, but has no obligation to, monitor any content that appears on the Present Minds Private Limited Platform or review any conduct occurring through the Platform, including any interactions between Teachers and Learners and Present Minds Private Limited employees
  3. Present Minds Private Limited reserves the right to modify, suspend, or alter its refund policy, at its sole discretion
  4. If you close your account or terminate your details( classes etc), Present Minds Private Limited may keep a copy of your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.

 

Copyright Complaints: Present Minds Pvt Ltd respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Present Minds Pvt Ltd of your infringement claim in accordance with the procedure set forth below.

Present Minds Pvt Ltd will process and investigate notices of alleged infringement and will take appropriate actions. A notification of claimed copyright infringement should be emailed to support@Classbuk.com (Subject line: “URGENT Copyright Infringement”). You should also call us at our address given below via mail and phone to take urgent action.

 

 

To be effective, the notification must be in writing and contain relevant information in accordance with the regulations.

 

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the required information to Present Minds Pvt. Ltd.

Present Minds Pvt Ltd has adopted a policy of terminating, in appropriate circumstances and at Present Minds Pvt Ltd’s sole discretion, users deemed repeat infringers. Present Minds Pvt Ltd may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third-Party Offerings

Through the Present Minds Private Limited Platform, You will have the ability to access content, links to websites, and services provided by Teachers, Learners, and other third parties (“Third-Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third-party website is at your own risk. Present Minds Private Limited does not monitor or have any control over, and makes no claim or representation regarding Third-Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, Third-Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

 

Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Present Minds Pvt Ltd’s use, storage, and disclosure of information related to you and your use of such services within Present Minds Pvt Ltd (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Present Minds Pvt Ltd shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, Present Minds Pvt Ltd is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Present Minds Pvt Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. Present Minds Pvt Ltd enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation

 

Teacher Social Media Policy

Classbuk’s requirements for teacher behaviour on social media.

When you join the Classbuk community, you’re agreeing to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modelling appropriate behaviour for our learners, and acting professionally.

This social contract – to treat your community with respect and grace – doesn’t just end when you take your “teacher” hat off and log out of your Classbuk classes. Your contract continues with your use of social media, blogs, and other online forums to encourage you to participate. They can provide terrific opportunities to share educational resources, market your classes, network, and share private and personal information and views. While we certainly wouldn’t tell you either how to live your best life as an influencer or what Facebook groups to join, we do ask that you continue to use your best judgment and be aware that your audience may include your Classbuk peers, community, and learners (many of whom are Google pros!).

Because our goal is to create and safeguard our trusted community, Classbuk’s social media policy sets forth parameters, as well as specific examples of unacceptable online behaviour. These inappropriate behaviours shouldn’t be newsworthy to you! So here are some golden rules to follow when you’re engaging in Class Book-affiliated groups and in any online forum:

  • Keep our community dialogue safe and welcoming: Don’t provoke, bully or create unnecessary conflict–debate is only welcomed when it’s healthy and invited.
  • Be respectful: Please don’t make derogatory or disrespectful comments about learners, teachers, parents, or Classbuk staff–even if you don’t identify them by name.
  • Be Kind: Don’t share content that contains or promotes hate speech, threats of violence, or endangerment of children.
  • Follow our Privacy Policy: Don’t share any personally identifiable information or pictures about parents or learners–that includes descriptions of them, voices, names, conversations.

 

Additionally, if you are concerned about your privacy, be sure to configure privacy settings to reduce visibility on your personal pages. While this can help you keep your personal life separate, we also caution that anything shared online could ultimately end up in the public realm. Our unsolicited advice: continue to treat anything you share on social media as public!

If Classbuk becomes aware of online behaviour (whether on a Classbuk-affiliated forum or a personal social media account) that violates this policy or our Community Standards, we may remove teachers from the platform. In addition, Classbuk reserves the right to monitor and remove any content posted on a Classbuk-affiliated forum for any reason.

 

If you have concerns about the online behaviour of another community member, please make a report to support@Classbuk.com. Please note that while Classbuk will investigate and determine an appropriate course of action, we will not engage in discussions about the outcome nor discuss any other contexts in which we implement this policy.

 

Third-Party Communications

  1. By using Present Minds Private Limited’s Platform, You may receive communications from third parties (e.g. a Teacher may communicate with a Learner). Present Minds Private Limited is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Present Minds Private Limited assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

 

Information about Learners: As stated in our Privacy Policy, Present Minds Private Limited only provides Teachers with limited information about the Learners enrolled in their Content, including names and the Content in which the Student has enrolled. This information is only available to the Teacher upon the purchase or enrollment of a student in the Teacher’s Content. Present Minds Private Limited does not provide, sell, rent, release, disclose, etc. Student or parent data to Teachers for monetary or other valuable consideration.

 

Learners assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Teacher on the Platform.

 

Indemnity and Release:

You agree to release, indemnify and hold PRESENT MINDS PVT. LTD and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

Disclaimer of Warranties

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Present minds Pvt. Ltd expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Present Minds Pvt. Ltd makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

You acknowledge and agree that any background checks if conducted by Present Minds Pvt. Ltd on teachers is solely for its own benefit. Present minds Pvt. Ltd makes no representations or warranties as to the conduct of users on the site or service.

 

Limitation of Liability

You expressly understand and agree that Present Minds Pvt. Ltd will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Present Minds Pvt. Ltd has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will Present Minds Pvt. Ltd’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Present Minds Pvt. Ltd in the last six (6) months, or, if greater, one thousand rupees, unless otherwise required by law.

 

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue the use of the service.

If you are a user from New Jersey, the foregoing sections titled “disclaimer of warranties” and “limitation of liability” are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.

 

You agree that any cause of action or claim that you may have against Present Minds Pvt. Ltd. must be brought against us within one (1) year after the cause of action or claim arises. Should you not commence such cause of action or claim within this time period, it shall be barred.

Please consult with your physician before beginning any exercise or physical program including dance or yoga through Classbuk. By participating in any such program, you agree that you do so at your own risk,are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Present Minds Pvt. Ltd from any and all claims or causes of action, known or unknown, arising out of Present Minds Pvt. Ltd negligence.

 

Governing Law and Jurisdiction; Disputes and Arbitration

 

This Agreement shall be in accordance with the laws of India. Any cause of action of any nature arising out of this Agreement shall be brought in the City of Mumbai, India.

All disputes, differences of opinion, or controversies arising in connection with these Terms, including whether the claims asserted are arbitrable, are under the Arbitration and Conciliation Act, 1996. The venue for all arbitrations shall be Mumbai City, India.

 

User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Service and Present Minds Pvt. Ltd will have no liability or responsibility with respect thereto.

Present Minds Pvt. Ltd reserves the right but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.

 

 

Termination: You agree that Present Minds Pvt. Ltd, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Present Minds Pvt. Ltd believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Present Minds Pvt. Ltd may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Present Minds Pvt. Ltd may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Present Minds Pvt. Ltd will not be liable to you or any third party for any termination of your access to the Service.  Should a store, course, class, Teacher account, or Student account be cancelled or deleted, the Teacher or Student may no longer have access to Present Minds Private Limited Content and Content may be irrecoverable. Present Minds Private Limited shall not be liable to any party in any way for the inability to access Content arising from any cancellation or deletion, including any claims of interference with business or contractual relations.

Teacher Termination. The teacher can request the company to terminate the contract by intimating us in writing at least 30 days in advance, subject to completion of any pending deliverables including but not limited to completion of committed classes for which payment has been made by parents.  Please note that any cancellation of pending paid classes by you by your decision leading to refund to the student may lead to financial loss to you on account of bank charges/tax payments if any to be incurred during the refund process. The clauses of this Agreement, which by their nature should survive termination, shall survive such termination. On termination or exit of the instructor’s engagement with the Company for any reason whatsoever, the Instructor shall comply with the Company’s exit processes including any relevant Policy. Only upon such compliance will the Company process any dues payable to the Instructor. Without prejudice to the foregoing, the Instructor shall cooperate fully with the Company in all matters relating to the completion of pending work and the orderly transition of such work to such other employees or other instructors as the Company may designate.

 Oct 2024 Update: Notwithstanding mentioned earlier, In the case of academic subjects for Grade 9 and above, the teacher is required to complete the academic year of the assigned students and resignation is not  allowed mid way to avoid impact to students except as agreed by the Company. 

Communications

Present Minds Private Limited may notify You of relevant information regarding the Platform and Present Minds Private Limited Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is your responsibility to periodically review the Platform for such notices.

Subject to the Privacy Policy, if you send to Present Minds Private Limited or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how (“User Submissions”), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that Present Minds Private Limited can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Platform or send them to us.

 

Entire Agreement; Severability of Provisions; No Waiver

These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Present Minds Private Limited, including the Platform, Present Minds Private Limited Services, and any Content

If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy

 

 

 

General

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa, and words in the feminine shall mean and include the masculine and vice versa.

 

 

Your Privacy

At Present Minds Pvt. Ltd, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

Changes to the Terms of Use

Present Minds Private Limited may review and update this Agreement at any time at our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter unless stated otherwise. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

 

 

Questions? Concerns? Suggestions?

If you have questions or concerns regarding this Policy you may send an email to support@Classbuk.com and send mail to

 

 

 

Present Minds Private Limited.

16th Floor, 1601, 1D

Siddhachal Phase 6

Vasant Vihar

Thane – 400610

India

 

 

 

 

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