Terms of Service
Comprehensive terms governing your use of Tutcart's educational platform.
✓ Legally Compliant
✓ Fair & Transparent
✓ User Protection
Last updated: January 2025
Comprehensive terms governing your use of Tutcart's educational platform.
✓ Legally Compliant
✓ Fair & Transparent
✓ User Protection
Last updated: January 2025
By accessing, browsing, or using Tutcart's platform, website, mobile application, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you and ROFL Technologies Private Limited, a company incorporated under the laws of India ("Company"). Tutcart® is a registered trademark of ROFL Technologies Private Limited. References to "Tutcart," "we," "us," or "our" refer to the Company and its Services.
Important Notice
These Terms are governed by the laws of India, including the Information Technology Act, 2000, Consumer Protection Act, 2019, and Digital Personal Data Protection Act, 2023. Please read them carefully.
Tutcart is an invite-only educational technology platform that connects qualified tutors with students seeking personalized learning experiences.
For Tutors
For Students
Platform Features
TutVerify
Identity & qualification verification
TutTrack
Session monitoring & safety
TutPay
Secure payment processing
TutChat
In-session communication
To use our Services, you must meet certain eligibility requirements and complete our registration process.
Age Requirements
You must be at least 18 years old to register as a tutor and enter into binding contracts. Students under 18 years of age may use our Services only with verifiable parental or guardian consent and supervision, in compliance with the Protection of Children from Sexual Offences (POCSO) Act, 2012 and applicable child safety regulations.
Tutor Eligibility
Tutors must successfully complete our TutVerify process, including identity verification, qualification assessment, and background screening where applicable.
⚠️ Platform Discretion & Approval Rights
Tutcart is an invite-only, curated platform. Registration or application does NOT guarantee acceptance. We reserve the absolute and sole discretion to:
Our internal criteria, checklists, and evaluation processes are proprietary and confidential. We are under no obligation to disclose reasons for approval or rejection decisions. This clause applies equally to tutors, students, and any other platform users.
Geographic Restrictions
Our Services are available in most countries, but certain features may be restricted based on local laws and regulations. You are responsible for compliance with applicable local laws.
No Right to Platform Access
No person or entity has an inherent right to use Tutcart's Services. Access is a privilege granted at our discretion and may be revoked at any time. Completion of registration does not create any contractual obligation for us to provide services.
Account creation and maintenance requirements for using our platform.
Account Responsibilities
Account Security
Professional standards and responsibilities for tutors using our platform.
Educational Standards
Professional Obligations
Code of Conduct
Tutors must maintain the highest standards of professional conduct. Violation of our code of conduct may result in immediate suspension or termination of your account.
Responsibilities and expectations for students using our platform.
Learning Responsibilities
Platform Etiquette
Payment processing, timing, and related terms for using our platform.
Payment Processing
All payments are processed securely through TutPay. We accept major credit cards, debit cards, and other approved payment methods. Payment information is never stored on our servers.
Settlement Timing
Tutor payments are processed on T+1 basis (next business day after session completion). Students are charged at the time of booking unless otherwise arranged.
Payment Disputes
Payment disputes must be reported within 48 hours of the transaction. We will investigate all legitimate claims and work to resolve them fairly within 7 business days.
Transparent fee structure and revenue sharing arrangements for our platform.
Founding Tutors (First 6 Months)
Platform Fee:
0%
Tutor Earnings:
100%
Payment Processing:
Covered by Tutcart
Standard Tutors (After 6 Months)
Platform Fee:
15%
Tutor Earnings:
85%
Payment Processing:
Covered by Tutcart
Fee Transparency
All fees are clearly displayed before booking. No hidden charges or surprise fees. Founding tutors receive special pricing as part of our commitment to building a strong initial tutor community.
Ownership rights and usage permissions for content on our platform.
Tutcart IP
All rights, title, and interest in and to the Services, including all intellectual property rights therein, are and will remain with Tutcart.
User Content
You retain ownership of content you create, but grant us necessary licenses to provide our services.
License Grant
By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content as necessary to provide and improve our services.
Guidelines for appropriate content and behavior on our platform.
Content Standards
Prohibited Content
Acceptable Use
Your privacy and data protection rights are governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Protection Commitment
We are committed to protecting your personal information and complying with the Digital Personal Data Protection Act, 2023 (DPDP Act), Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and other applicable Indian data protection laws.
Activities that are not permitted on our platform.
Account & Security Violations
Conduct Violations
Conditions under which accounts may be terminated or suspended.
Termination Rights
User Rights
Tutcart Rights
Notice Requirements
We will provide reasonable notice before termination unless immediate action is required to protect users or comply with legal obligations. Users may appeal terminations through our support channels.
Important limitations on our liability to you.
Liability Exclusions
To the maximum extent permitted by applicable law, Tutcart shall not be liable for:
Liability Cap
Our total liability to you for any claims arising from your use of our Services shall not exceed the total amount you have paid us in the 12 months preceding the claim.
Important disclaimers about our services and your use of them.
"As Is" Service
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Educational Disclaimers
We do not guarantee specific learning outcomes, academic success, or improvement in grades. Educational results depend on many factors including student effort, tutor quality, and individual circumstances.
Third-Party Services
We integrate with third-party services and platforms. We are not responsible for the availability, accuracy, or reliability of these external services or their terms of service.
Your responsibility to protect us from claims arising from your use of our services.
Indemnification Obligations
You agree to indemnify, defend, and hold harmless Tutcart, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
How disputes between users and Tutcart will be resolved.
Informal Resolution
We encourage users to first contact our support team to resolve disputes informally. Most issues can be resolved through direct communication within 48 hours.
Binding Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be New Delhi, India, and proceedings shall be conducted in English.
Class Action Waiver
You agree to resolve disputes only on an individual basis. However, nothing in these Terms shall limit your rights under the Consumer Protection Act, 2019 to file complaints with Consumer Disputes Redressal Forums.
Which laws govern these Terms and any disputes arising from them.
Applicable Law
These Terms shall be governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, Information Technology Act, 2000, Consumer Protection Act, 2019, and other applicable legislation.
Jurisdiction
Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of competent jurisdiction located in New Delhi, India. You consent to the exclusive jurisdiction of such courts.
How we may modify these Terms and what happens when we do.
Modification Process
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or through our platform. Your continued use after the effective date constitutes acceptance of the modified Terms.
What happens if parts of these Terms are found to be unenforceable.
Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
The relationship between Tutcart and its users.
Tutor Status
Tutors are independent contractors, NOT employees of ROFL Technologies Private Limited or Tutcart. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Tutcart and any tutor.
No Agency Relationship
Users are not authorized to act as agents or representatives of Tutcart. No user may make any representations, warranties, or commitments on behalf of Tutcart or bind Tutcart to any obligations without express written authorization.
Important disclaimers about outcomes and results.
⚠️ No Outcome Guarantees
Tutcart makes NO guarantees regarding:
No Income Guarantees for Tutors
Tutcart does not guarantee any minimum number of students, sessions, or earnings for tutors. Income depends entirely on tutor performance, availability, market demand, and student preferences. Past earnings of other tutors are not indicative of future results.
Third-Party Content
Tutcart does not endorse, verify, or guarantee the accuracy of any content, materials, or information provided by tutors or third parties. Users rely on such content at their own risk.
Events beyond our reasonable control.
Excused Performance
Tutcart shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
Protecting the platform from abuse and circumvention.
🚫 Strictly Prohibited
The following activities are strictly prohibited and will result in immediate termination and potential legal action:
Monitoring & Enforcement
We actively monitor platform activity for violations. We reserve the right to investigate suspected violations, suspend accounts during investigation, withhold payments for suspected fraud, and pursue legal remedies including damages and injunctive relief.
Non-Compete During Active Use
While actively using Tutcart, tutors agree not to solicit Tutcart students for services outside the platform. Violation of this clause entitles Tutcart to recover damages equal to 12 months of estimated platform fees plus any legal costs incurred.
The complete agreement between you and Tutcart.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ROFL Technologies Private Limited regarding your use of Tutcart. These Terms supersede all prior agreements, representations, and understandings, whether written or oral.
No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Tutcart to be effective.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity without restriction.
Survival
Provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, confidentiality, and any other provisions that by their nature should survive, shall survive termination of these Terms.
Protection of confidential information and trade secrets.
🔒 Confidential Information
By using Tutcart, you acknowledge that you may have access to confidential and proprietary information. You agree to:
Trade Secrets Protection
Tutcart's matching algorithms, verification processes, quality metrics, and internal evaluation criteria constitute trade secrets under applicable law. Unauthorized disclosure or use of such information may result in legal action for damages and injunctive relief.
Session Confidentiality
All tutoring sessions are confidential. Recording, sharing, or distributing session content without explicit written consent from all parties is strictly prohibited and may violate privacy laws including the Information Technology Act, 2000.
Our verification processes and your acknowledgments.
TutVerify Process
Tutors undergo our TutVerify verification process which may include:
⚠️ Important Disclaimers
While we conduct verification, you acknowledge that:
Consent to Verification
By registering as a tutor, you consent to background verification checks and agree to provide accurate information. Providing false or misleading information is grounds for immediate termination and potential legal action for fraud.
Our policies regarding refunds, cancellations, and disputes.
Cancellation by Students
Cancellation by Tutors
⚠️ Refund Limitations
Refunds are NOT available for:
Dispute Resolution for Refunds
All refund disputes must be raised within 7 days of the session. Tutcart's decision on refund disputes is final and binding. Chargebacks or payment reversals without following our dispute process may result in account termination and collection action.
Our commitment to child safety and legal compliance.
🛡️ ZERO TOLERANCE POLICY
Tutcart has a ZERO TOLERANCE policy for any form of child abuse, exploitation, harassment, or inappropriate behavior. We comply fully with:
Mandatory Reporting
As per POCSO Act, we are obligated to report any suspected child abuse to appropriate authorities. All users must immediately report any concerning behavior to [email protected]. Failure to report known abuse is a criminal offense.
Parental Supervision Required
For students under 18 years of age:
Tutor Obligations for Minor Students
Your consent to electronic communications and records.
Consent to Electronic Communications
By using Tutcart, you consent to receive electronic communications from us including emails, SMS, push notifications, and in-app messages. These communications may include service updates, promotional offers, policy changes, and transactional notifications. You agree that all agreements, notices, and communications provided electronically satisfy any legal requirement for written communication.
Recording & Monitoring
You acknowledge and consent that Tutcart may record, monitor, and store communications on the platform for quality assurance, safety, dispute resolution, and legal compliance purposes. This includes session content, chat messages, and support interactions.
Electronic Signatures
Your acceptance of these Terms through clicking "I Agree," creating an account, or using our Services constitutes your electronic signature and is legally binding under the Information Technology Act, 2000 and the Indian Contract Act, 1872.
Our relationship with third-party services and your responsibilities.
Third-Party Integrations
Tutcart integrates with third-party services including but not limited to:
⚠️ No Liability for Third Parties
Tutcart is NOT responsible for: the availability, accuracy, security, or practices of any third-party services. Your use of third-party services is governed by their respective terms and privacy policies. We disclaim all liability for any loss or damage arising from third-party services.
External Links
Our platform may contain links to external websites. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content or practices of external websites. Accessing external links is at your own risk.
Protection of Tutcart's brand, reputation, and goodwill.
⚠️ NON-DISPARAGEMENT CLAUSE
By using Tutcart, you agree NOT to:
Legal Remedies
Violation of this clause entitles Tutcart to pursue legal action for defamation under the Indian Penal Code (Sections 499-500), seek injunctive relief, claim damages for reputational harm, and report false reviews to respective platforms for removal. We actively monitor online mentions and will take swift legal action against defamatory content.
Legitimate Feedback
This clause does not prevent you from providing honest, factual feedback through proper channels ([email protected]) or filing legitimate complaints with consumer forums. We welcome constructive criticism that helps us improve.
Tax obligations and compliance responsibilities.
⚠️ Tutor Tax Responsibilities
Tutors are solely responsible for:
Platform Tax Handling
Tutcart may deduct TDS (Tax Deducted at Source) as required under the Income Tax Act, 1961. We will provide TDS certificates (Form 16A) for deductions made. GST on platform fees will be charged as applicable and reflected in invoices.
No Tax Advice
Tutcart does not provide tax advice. Consult a qualified tax professional for your specific situation. We are not liable for any tax penalties, interest, or liabilities arising from your failure to comply with tax laws.
Our procedures in case of a data security incident.
Notification Commitment
In the event of a data breach affecting your personal information, we will notify affected users and relevant authorities (CERT-In) as required under the Information Technology Act, 2000 and DPDP Act, 2023. Notification will be made within the timeframes mandated by law.
Limitation of Liability for Breaches
While we implement industry-standard security measures, no system is completely secure. You acknowledge that: (a) we cannot guarantee absolute security, (b) our liability for any breach is limited as per Section 14, (c) you are responsible for maintaining the security of your own devices and credentials, and (d) we are not liable for breaches caused by your negligence or third-party actions beyond our control.
Your Obligations
You must immediately notify us at [email protected] if you suspect any unauthorized access to your account or become aware of any security vulnerability. Failure to promptly report may limit our ability to mitigate harm and may affect your rights.
Rights related to testimonials, case studies, and marketing.
Consent to Use
By using Tutcart, you grant us a non-exclusive, royalty-free, worldwide license to use your name, profile photo, testimonials, reviews, and success stories for marketing, advertising, and promotional purposes across all media channels, unless you explicitly opt out in writing.
Case Studies & Press
We may feature tutors and students in case studies, press releases, social media, and marketing materials. For detailed case studies or media appearances, we will seek additional consent. You may request removal of your likeness from future marketing materials by contacting [email protected].
User-Generated Content
Reviews, ratings, and feedback you provide may be displayed publicly on the platform and used in marketing. By submitting such content, you represent that it is accurate, not defamatory, and does not infringe any third-party rights. We may edit or remove content at our discretion.
Time limits for bringing legal claims.
⏰ ONE YEAR LIMITATION
Any claim or cause of action arising from or related to your use of Tutcart must be filed within ONE (1) YEAR after the claim arose, or such claim shall be permanently barred. This limitation applies to all claims regardless of legal theory (contract, tort, statute, or otherwise) to the maximum extent permitted by law.
Exceptions
This limitation period does not apply where prohibited by mandatory law (such as consumer protection statutes that provide longer periods) or for claims of fraud, willful misconduct, or gross negligence.
Preservation of Rights
Tutcart's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The limitation period applies independently to each claim.
Important disclaimers regarding insurance and specific liabilities.
⚠️ No Insurance Provided
Tutcart does NOT provide any insurance coverage for tutors, students, or sessions. This includes but is not limited to: professional liability insurance, health insurance, accident insurance, property damage insurance, or any other form of coverage. Users are responsible for obtaining their own insurance as needed.
Medical & Emergency Disclaimer
Tutcart is not responsible for any medical emergencies, health issues, or physical/mental harm that may occur during or as a result of tutoring sessions. In case of emergency, contact local emergency services immediately. We are an educational platform, not a healthcare provider.
Physical Meeting Disclaimer
If tutors and students choose to meet in person (outside our platform's recommendation), they do so entirely at their own risk. Tutcart strongly discourages in-person meetings and accepts no liability for any incidents, injuries, theft, or harm arising from such meetings.
Equipment & Technical Issues
Tutcart is not liable for any damage to your devices, equipment, or property arising from use of our platform, including but not limited to: software conflicts, malware (not originating from us), hardware failures, or data loss on your devices.
Important information for users accessing Tutcart from outside India.
🌍 GLOBAL ACCESS ACKNOWLEDGMENT
By accessing Tutcart from outside India, you acknowledge and agree that:
Cross-Border Data Transfers
Your data may be transferred to and processed in India. By using Tutcart, you consent to:
Currency & Payments
All prices are displayed in Indian Rupees (INR) unless otherwise specified. International users may be charged in their local currency through our payment processors. Currency conversion fees and exchange rate fluctuations are your responsibility. We are not liable for any losses due to currency conversion.
⚠️ Restricted Territories
Tutcart services may not be available or may be restricted in certain countries due to legal, regulatory, or sanctions requirements. Users from restricted territories are prohibited from using our Services. We reserve the right to block access from any jurisdiction at our discretion.
Language & Communication
Our Services are primarily offered in English. While we may provide content in other languages, the English version of these Terms shall prevail in case of any conflict. All legal notices and communications will be in English.
Additional rights for users in the European Economic Area (EEA), United Kingdom, and Switzerland under the General Data Protection Regulation (GDPR).
Your GDPR Rights
If you are located in the EEA, UK, or Switzerland, you have the following rights:
Legal Basis for Processing
We process your data based on:
International Data Transfers
Your data is transferred to India, which may not have equivalent data protection laws. We rely on Standard Contractual Clauses (SCCs) approved by the European Commission and implement appropriate safeguards to protect your data during transfer.
Data Protection Officer
For GDPR-related inquiries, contact our Data Protection team at: [email protected] (Subject: "GDPR Request"). We will respond within 30 days as required by GDPR.
Right to Lodge Complaint
You have the right to lodge a complaint with your local Data Protection Authority if you believe your rights have been violated. However, we encourage you to contact us first so we can address your concerns.
Additional rights for California residents under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
Your CCPA Rights
As a California resident, you have the right to:
We Do NOT Sell Your Data
Tutcart does NOT sell personal information as defined under CCPA. We do not exchange personal information for monetary consideration. We may share data with service providers who assist in operating our platform, but this is not considered a "sale" under CCPA.
Categories of Information Collected
How to Exercise Your Rights
Submit requests to: [email protected] (Subject: "CCPA Request"). We will verify your identity and respond within 45 days. You may also designate an authorized agent to make requests on your behalf.
"Do Not Track" Signals
Our platform does not currently respond to "Do Not Track" browser signals. However, you can manage cookie preferences through your browser settings or our cookie consent tool.
Compliance with international trade laws and sanctions.
🚫 SANCTIONS COMPLIANCE
You represent and warrant that:
Export Control Laws
Our Services may be subject to export control laws of India, the United States, and other jurisdictions. You agree not to export, re-export, or transfer our Services or any technical data in violation of applicable export control laws.
Compliance Monitoring
We may screen users against sanctions lists and block access from restricted territories. We reserve the right to terminate accounts and report violations to relevant authorities if we suspect sanctions evasion.
Consequences of Violation
Violation of sanctions or export control laws may result in: immediate account termination, forfeiture of funds, reporting to government authorities, and potential criminal prosecution. You agree to indemnify Tutcart for any penalties arising from your violation.
In accordance with the Information Technology Act, 2000 and the rules made thereunder, we have appointed a Grievance Officer to address your concerns.
Grievance Officer
Designation: Grievance Officer, ROFL Technologies Private Limited
Email: [email protected] (Subject: "Grievance")
Address: Eldeco Centre, WeWork, Block A, Shivalik Colony, Malviya Nagar, New Delhi 110017
Response Time: Within 48 hours of receipt
Resolution Time: Within 30 days as per IT Act requirements
How to File a Grievance
Consumer Rights
If you are not satisfied with our resolution, you may approach the appropriate Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019, or file a complaint with the relevant authorities under the Information Technology Act, 2000.
We take fraud prevention and security extremely seriously. Please be vigilant and protect yourself from scams.
⚠️ FRAUD ALERT - BEWARE OF SCAMS
Tutcart® is a registered trademark of ROFL Technologies Private Limited. We are aware of fraudulent websites, fake apps, and scammers impersonating our brand. Please verify authenticity before engaging with any service claiming to be Tutcart.
Official Tutcart Channels ONLY:
🚨 How to Identify Fraud
Red Flags - NEVER Trust:
Legitimate Tutcart Practices:
🛡️ Report Fraud or Suspicious Activity
If you encounter any fraudulent website, fake app, impersonation, or suspicious activity using the Tutcart brand, please report it immediately:
🔒 Our Security Commitment
⚖️ Legal Action Against Fraudsters
ROFL Technologies Private Limited actively pursues legal action against individuals and entities that misuse the Tutcart® trademark, create fraudulent websites, publish fake reviews, or engage in any form of impersonation. We work closely with law enforcement agencies, Cyber Crime cells, and legal authorities to protect our users and brand. Violators will be prosecuted under the Information Technology Act, 2000, Indian Penal Code, and Trademark Act, 1999.
How to get in touch with us regarding these Terms.
ROFL Technologies Private Limited
Tutcart® is a registered trademark of ROFL Technologies Private Limited
Corporate Office:
Eldeco Centre, WeWork
Block A, Shivalik Colony
Malviya Nagar, New Delhi, Delhi 110017
India
🔒 Security Notice: Walk-ins are NOT permitted without prior appointment. For security reasons, all visits must be scheduled in advance via email.
All Inquiries
For all inquiries including support, legal matters, partnerships, grievances, and general questions.
Response Time: We aim to respond within 24-48 business hours. For urgent matters, please include "URGENT" in your subject line.
⚠️ Verify Before You Trust
Remember: The ONLY official Tutcart website is https://tutcart.com. The ONLY official email domain is @tutcart.com. Do not trust any other websites, email addresses, or social media accounts claiming to represent Tutcart. When in doubt, contact us at [email protected] to verify authenticity.