Terms of Use for
Tutors
These Terms of Use ("Terms") govern your use of
the Mesmerizing Food platform as a tutor. By accessing and using our platform,
you agree to comply with these Terms. Please read them carefully before using
our services.
1.
Withdrawal of Payment:
The withdrawal of payment by
tutors will be subject to the conditions mentioned during the withdrawal
process. Tutors must adhere to the specified conditions to receive their
earnings.
2.
Bifurcation of Payment:
a.
For One-to-One Guidance Tutors:
The platform charges applicable to One-to-One Guidance tutors shall range from 20% to 25% of the total payment received from users. Tutors shall be entitled to earn between 75% to 80% of the total payment, after deducting the platform charges. Please note that the exact commission percentage within this range may vary for each tutor based on multiple aspects such as ratings and reviews, other user feedback, the skill and talent of the tutor, popularity of the tutor, region or location, and other relevant factors.
Please note that the commission percentages mentioned above
are subject to variations and adjustments depending on the unique circumstances
and characteristics associated with each tutor or feature. Mesmerizing Food
reserves the right to determine and modify these commission rates as deemed
necessary, considering the aforementioned factors and any other relevant
considerations.
3.
Confidentiality of Payment Structure:
Tutors are required to maintain strict confidentiality regarding the payment
structure and its bifurcation. Tutors shall not disclose or share any
information about the payment details, commission rates, or any other financial
arrangements with the users. This includes refraining from discussing specific
percentages, amounts, or any sensitive financial information related to the
platform's commission structure.
The confidentiality of the payment structure is vital to maintain a fair
and transparent ecosystem for all users. It helps protect the integrity of the
platform and ensures that users have a consistent and standardized experience.
Any breach of this confidentiality obligation may result in appropriate
disciplinary actions, including but not limited to termination of the tutor's
account and legal consequences as per applicable laws.
Tutors should focus on providing high-quality educational services and
engaging with users in a professional manner, without disclosing or discussing
the confidential payment structure. By respecting this confidentiality
requirement, tutors contribute to maintaining trust and fairness within the
platform.
4.
Termination of Tutor Account
The platform reserves the right to terminate a tutor's account at its
discretion, based on violations of the platform's terms and conditions, poor
performance, receiving consistent negative feedback from users, or any other
breach of contractual obligations. In the event of account termination, the
tutor shall no longer have access to the platform and its features. The
platform may provide a notice of termination, but it is not obliged to do so.
The decision of account termination shall be final and binding.
5.
Non-Exclusivity Clause
I acknowledge and understand that this agreement between myself and Mesmerizing
Food as a tutor is non-exclusive. As a tutor providing online tutoring services
for Mesmerizing Food users, I am free to work for other employers or engage in
other professional activities concurrently.
This non-exclusivity arrangement allows me to pursue additional
employment opportunities or engage in other professional endeavors without any
restrictions, as long as it does not interfere with my obligations and
availability as a tutor on the Mesmerizing Food platform.
I am committed to upholding the terms and conditions of my engagement
with Mesmerizing Food, fulfilling my tutoring responsibilities, and delivering
high-quality tutoring services to Mesmerizing Food users. I understand that
maintaining a high level of professionalism, punctuality, and reliability is of
utmost importance while representing Mesmerizing Food as a tutor.
By acknowledging the non-exclusivity of this agreement, I recognize the
flexibility it provides, enabling me to explore diverse professional avenues
while contributing to the success and growth of Mesmerizing Food as an online tutoring
platform.
6.
Mandatory Free Trial Period for Selected Tutors
Upon being selected as a tutor, it is a requirement to offer a specified number
of free trials (typically 3-6) to users. The exact number of free trials may
vary based on the data collected and analysis conducted during the trial
period. This arrangement is implemented to enable the platform to evaluate user
feedback, ratings, and other relevant factors to determine appropriate charges
for the services provided by the tutor.
7.
Protection of Personal Information:
Tutors must not share any personal information of users or request any
personal information from users. Tutors should maintain professionalism and
refrain from engaging in any unprofessional activities or conversations with
users.
8.
Fraudulent Activities:
In the event of any fraudulent activity, Mesmerizing Food reserves the right to
take legal action and seek compensation from the tutor.
9.
Inappropriate Uploads or Posts
Tutors are strictly prohibited from engaging in the upload or posting of
inappropriate content on the platform. This includes, but is not limited to,
content that is offensive, discriminatory, defamatory, misleading, infringing
upon the rights of others, or in violation of any applicable laws or
regulations. Tutors shall exercise utmost care and diligence in ensuring that
all uploaded or posted content complies with the platform's guidelines and
policies. The platform reserves the right to take immediate action, including
the removal of such content, issuance of warnings, suspension, or termination
of the tutor's account, as deemed necessary in its sole discretion.
10.
Inappropriate Uploads or Posts/ Courses
Tutors are strictly prohibited from engaging in the upload or posting of
inappropriate content on the platform. This prohibition includes, but is not
limited to, content that is offensive, discriminatory, defamatory, misleading,
infringing upon the rights of others, or in violation of any applicable laws or
regulations. Tutors shall exercise the utmost care and diligence to ensure that
all uploaded or posted content complies with the platform's guidelines and
policies. The platform reserves the right, at its sole discretion, to take
immediate action, including the removal of such content, issuance of warnings,
suspension, or termination of the tutor's account, as deemed necessary.
11.
Coins Usage
a.
Expiry of Coins
Tutors acknowledge and agree that the coins earned or obtained on the platform
shall expire after a continuous period of 6 months of inactivity in the tutor's
account. Inactivity is defined as the absence of any account activity,
including logging in, engaging in transactions, or accessing platform features,
for a period of 6 months. Tutors are solely responsible for ensuring regular
account activity within the specified timeframe to prevent the expiration of
their coins. Once the coins have expired, they shall become null and void and
ineligible for use or redemption. Additionally, tutors caught breaching this
term by attempting to deceive the system, manipulating account activity, or
deactivating their account without withdrawing their coins shall forfeit their
coins.
b.
Non-transfer of Coins
Tutors expressly acknowledge and agree that the coins earned or obtained on the
platform are non-transferable. Tutors shall not transfer, exchange, assign, or
otherwise convey their coins to any other accounts or users, whether within or
outside the platform. The coins are intended for individual use within the
platform and cannot be utilized as a form of payment or value outside of the
platform. Any attempts to transfer coins shall be considered a violation of the
platform's terms and may result in appropriate disciplinary actions.
c.
Caring for Own Coins
Tutors bear full responsibility for the
safekeeping and management of their earned coins. The platform shall not be
held liable for any loss, theft, or unauthorized usage of coins associated with
the tutor's account. Tutors shall exercise reasonable precautions to ensure the
security and confidentiality of their account information, including login
credentials. In the event of any suspected unauthorized activity or breach of
account security, tutors shall promptly notify the platform and take
appropriate actions as directed.
12.
Alerts
We may alert you by email or phone (through SMS/call/WhatsApp) to inform you
about new service offerings of the Company and its subsidiaries/affiliates or
other information which we feel might be useful for you, through the Company or
its subsidiaries/affiliates.
13.
Code of Conduct:
Tutors are expected to adhere to a code of conduct that promotes
professionalism, respect, and ethical behavior when interacting with users.
14.
Privacy and Confidentiality:
Tutors must respect the privacy and confidentiality of users' information
and should not disclose any user-related information without proper
authorization.
15.
Technology Requirements:
Tutors are responsible for ensuring they have the necessary technology,
equipment, and internet connectivity to provide their services effectively on
the Mesmerizing Food platform.
16.
Re-Schedule and Cancellations:
Mesmerizing Food may impose
penalties for last-minute cancellations or rescheduling of appointments. Tutors
should fulfill their responsibilities diligently and consider the impact on
users when rescheduling or canceling appointments.
17.
Account Creation and Usage:
a. Tutors are responsible for creating and maintaining their accounts on
the online teaching platform.
b. Tutors must keep their login credentials confidential and not share
their account access with others.
c. Tutors are solely responsible for all activities that occur under
their accounts.
18.
Intellectual Property:
a. Tutors shall retain ownership of their intellectual property rights,
including the content they create for teaching purposes, subject to any agreements
with the platform.
b. Tutors may not infringe upon the intellectual property rights of
others and should respect copyright laws and regulations.
19.
Governing Law and Jurisdiction:
a. The terms and conditions shall be governed by and interpreted in accordance
with the laws of the relevant jurisdiction.
b. Any disputes arising from the tutor's usage of the platform shall be
subject to the exclusive jurisdiction of the courts in the Mumbai Judication.
20.
Communication with Users:
Tutors should maintain professional and respectful communication with
users at all times. They should respond to user inquiries, messages, and
requests promptly and in a courteous manner
21.
Feedback and Ratings
Tutors should encourage users to provide feedback and ratings based on their
experience with the tutoring services. Tutors should also be open to
constructive feedback and strive to continuously improve the quality of their
services.
22.
Resolution of Disputes:
In the event of a dispute between a tutor and a user, both parties should make
reasonable efforts to resolve the issue amicably. If a resolution cannot be
reached, Mesmerizing Food may assist in mediating the dispute and provide a
fair resolution.
23.
Suspension or Termination:
Mesmerizing Food reserves the right to suspend or terminate a tutor's
account in cases of serious violations of the Terms of Use, repeated poor
performance, or any other breaches of contractual obligations. The platform may
provide notice of suspension or termination, but it is not obliged to do so.
24.
Force Majeure:
The Terms of Use should include a clause addressing unforeseen circumstances or
events beyond the control of the tutor or the platform, such as natural
disasters, acts of terrorism, or government regulations, which may temporarily
suspend or interrupt the provision of tutoring services.
25.
Onboarding and Background Checks:
-
New tutors undergo a comprehensive onboarding
process.
-
Background checks and screening procedures may
be required for tutor approval.
26.
Availability, Response Times, Scheduling
Commitments:
-
Tutors are expected to maintain clear
availability schedules.
-
Timely responses to user inquiries and
commitment to scheduled appointments are essential.
27.
Quality Control and Performance Management:
-
Mesmerizing Food implements quality control
measures to ensure high-quality tutoring services.
-
Performance management processes may be in place
to maintain service standards.
28.
Payment Procedures, Schedules, Methods:
-
The minimum withdrawal limit will be clearly
specified on the withdrawal page during the withdrawal process.
-
Tutors are encouraged to take note of the
minimum withdrawal limit as bank charges may apply for each withdrawal
transaction.
-
To optimize cost-efficiency, tutors are advised
to consider their withdrawal frequency in relation to associated bank charges,
as frequent low amount withdrawals may result in higher transaction costs.
29.
Data Usage and Security Safeguards :
Tutors must take appropriate measures to protect the privacy and security of
any user data accessed through the Mesmerizing Food platform. This includes but
is not limited to:
-
Only collecting, accessing or using user data as
necessary to deliver tutoring services and not for any other purposes.
-
Storing any user data securely, including usage
of encryption, access controls, and data minimization principles.
-
Not sharing user data with any third parties,
except with the express consent of the user and Mesmerizing Food.
-
Reporting any actual or suspected personal data
breaches, unauthorized access, or loss of user data to Mesmerizing Food within
24 hours of discovery.
-
Complying with all applicable data protection
laws and privacy regulations in the collection, use, transfer and processing of
user data.
-
Implementing reasonable administrative, physical
and technical safeguards to secure user data.
-
Ensuring user data is kept confidential even
after engaging with the user or upon termination as a tutor.
-
Cooperating fully with any requests from
Mesmerizing Food related to user data and security audits.
30.
Severability:
A severability clause states that if any provision of the Terms is found to be
invalid or unenforceable, the remaining provisions shall remain in full force
and effect. This clause helps protect the overall validity and enforceability
of the Terms.
31.
Updates to the Policy:
Mesmerizing
Food may update or modify these Terms at any time. Tutors will be notified of
any significant changes to the Terms.
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