Community Guidelines

We pride ourselves on creating and maintaining a community of reliable, quality, credible and trustworthy people to help individuals achieve their learning goals, whether they are academic, business or personal.

It is important that members of our community follow these guidelines to ensure they act and conduct themselves in accordance with our values and standards and in the interests of making this community the best it can be. If you believe a user of Prosikshya has violated our Community Guidelines, please let Prosikshya know as soon as possible.

As per Prosikshya’s Terms & Conditions (further below), we may take action to suspend or deactivate user accounts reported to be in breach of these Community Guidelines or for any other reason to maintain and protect the quality and integrity of our community. 

 

 

1.     Requirements to be listed on Prosikshya

Students come to Prosikshya with specific learning objectives in mind and it is important that tutors are able to help students achieve those objectives. Accordingly, tutors need to have the ability and resources to get the best out of students, which generally means having the skill and knowledge to help students as well as learning materials, plans and resources to support student learning.

Most importantly, tutors need to be passionate about helping students achieve their learning goals.

 

Minimum requirements

Depending on the subject a tutor wants to teach on Prosikshya, tutors should meet one or more of the following:

• high academic track record (distinctions or first division at tertiary level)
• have a relevant teaching qualification
• have a relevant tertiary degree – Minimum Bachelor’s Degree or Running*
• have relevant experience of 1+ years (either tutoring, teaching, coaching or in the field you are looking to tutor)

A tutor’s experience and qualifications can be seen on a tutor’s profile.

 

Working with children

Prosikshya takes child safety very seriously. Tutors need to show loving, caring track record (or equivalent, such as a teaching registration) to tutor students under the age of 18. If tutors intend to tutor students under the age of 18, they need to have a valid teaching registration.

 

 

2.     Hold on to Prosikshya

 

Messaging

Use messenger.

Prosikshya has built its platform to make it as easy as possible for students and tutors to connect and start lessons. For your protection, please message users only on Prosikshya and do not share your private contact information. It is a key part of Prosikshya’s safety, security and support framework that all communication takes place on Prosikshya. This is critical to:

• • protect and ensure the safety of our users;

• • help Prosikshya to maintain the integrity, safety and security of our community and the platform; and

• • help us appropriately support you and resolve any issues.

Communication off of Prosikshya (other than in lessons) may violate these Community Guidelines and message content that appears to violate these guidelines may be moderated.

 

Responsiveness and reliability

Respond promptly.

Tutors should always seek to respond to a student’s tutoring enquiry as soon as practicable, including where a tutor needs to inform a student they are not able to take on the student (ie. aren’t available or the enquiry does not suit a tutor’s experience or skill set).

It is not uncommon that students are reaching out to tutors because they are anxious or in quick need of help – we’ve all been there and all felt that pressure. Writing back quickly, even if unavailable, helps to alleviate that stress or lets them know they need to contact another tutor.

 

Be reliable.

Whether you’re a tutor who is in the process of organising a lesson, in the middle of a tutoring engagement or have an upcoming lesson, be reliable. Make sure to write back to students, attend lessons, avoid shifting lessons, be available at important times and give students notice if things need to change. No one likes a ghost, so we ask that you are open, transparent and responsive with other users on Prosikshya.

 

Lessons

Tutors are responsible for scheduling lessons on Prosikshya. Ensure lessons are scheduled on Prosikshya promptly after being organised. Users will receive reminders and notifications about the lesson, including any changes to the lesson details and when payments have been authorized and made.

 

 

3.     Publicly sharing private information

To protect your safety and security, users should use Prosikshya’s private messaging feature and not share any private contact information. Private addresses should only be shared where tutoring is to take place in-person at a user’s household.

Accordingly, private contact details and 3rd party links may not be shared in any public areas of Prosikshya, including tutor profiles. This includes, but is not limited to, private contact information (emails, phone numbers etc.), websites and social profiles.

 

 

4.     Pricing and payments

Minimum hourly rates.

Other than for free first lessons if both parties agree, the minimum that tutors may charge for 1-to-1 tutoring on Prosikshya is Rs.100 per hour. The tutoring industry is competitive and tutors are often incentivised to charge below their market value and/or minimum pay standards in Nepal, which is an ugly and self-defeating trend. We care about tutors and want to ensure and protect members of our community from earning less than minimum hourly rates. 

 

Indicative rates.

Hourly rates showing on a tutor’s profile are indicative only and may change subject to a number of factors, including (but not limited to) subject, student year level and tutoring requirements, location and time of tutoring and whether lessons are in-person or online

 

Updating rates. Tutors can update their hourly rate for new students at any time in their portal. Tutors should not change their hourly rate for current students but if necessary, tutors should ensure they do not do so unilaterally and communicate with their students as to why their hourly rate needs to change. 

Students must agree to any new rate prior to scheduling a lesson at that rate. We ask that tutors only increase their rates once per year either on 1 Baishak. Be mindful that students may not be able to afford a higher hourly rate.

 

Making payment

Prosikshya is a platform that deals with cash, direct transfer or payment through any other kind accepted on Prosikshya. To ensure tutors are paid for their lessons and for the security of all users, Prosikshya uses the 3rd party payment provider eSewa to securely and privately charge students for tuition and remit payment to tutors.

Bank account details

Please ensure your banking information is up to date in the ‘Payment settings’ of your account to ensure that you are able to seamlessly schedule, pay for or receive payment for lessons.

 

 

5.     Behavior and conduct

 

Interacting with other users

Prosikshya is a community platform and accordingly, users should be mindful that their conduct and behavior sets a standard for and reflects upon the community. Users should always be respectful to one another and ensure that in your interactions with other users, including during lessons, through messaging, on tutor profiles or via reviews is respectful and is in no way hateful, violent, discriminatory, harassing, defamatory or unsociable. Please contact Prosikshya if you have any issues or are concerned about another user’s behavior.

 

Genuine reviews

Users are able to leave reviews for tutors to help tutors build their brand and make it easier for students to find and identify suitable tutors. All reviews on Prosikshya should be genuine and no user should use the reviews feature to artificially inflate or damage another user’s profile. 

Prosikshya may amend or remove any reviews it believes is not genuine or in any way breaches these Community Guidelines.

 

Using Prosikshya for an ulterior purpose

Users must not use Prosikshya for an ulterior purpose other than as a student or tutor to find and engage the other for the purpose of providing tutoring. Using Prosikshya for an ulterior purpose, such as to generate leads for other businesses or third-party sites, to spam or troll users, to market or promote another business or product or for any illegal or immoral purpose is strictly prohibited.

 

Use of alcohol or drugs

Users are strictly forbidden from using or being under the influence of alcohol and/or drugs on Prosikshya or in tuition. In addition, Users should not promote or advertise the consumption, use or dealing of drugs or alcohol in any way on Prosikshya, whether via private messaging, in lessons or on tutor profiles. 

 

 

6.     Reputation and experience

 

Positive and rewarding experience

All users should ensure that they engage in tutoring to provide a positive and rewarding experience for all users on Prosikshya. Tutors should seek to provide tutoring to the best of their ability, having prepared as necessary for lessons and with the objective of ensuring that the experience is rewarding and productive for students in the interests of best supporting them and achievement of their learning objectives. 

Users who repeatedly provide a negative experience for other users on Prosikshya and/or who do not contribute positively to Prosikshya’s community may be removed or restricted from accessing Prosikshya at Prosikshya’s absolute discretion and in the interests of other users of the community. For the avoidance of doubt, this includes both tutors and students (or their parents or guardians).

 

 

7.     Tutor profiles

 

Identity

To support Prosikshya in maintaining the integrity, safety and security of its community, all users must use their real identities and ensure their profile is an accurate identification. Prosikshya may request that users update their names and profile photos and/or take action necessary to restrict or deactivate accounts that do not accurately or properly identify the user.

 

Subjects, experience, pricing and availability

To ensure that students are reviewing up to date information, tutors should seek to ensure that their profile is up to date at all times. Tutors can update their profile at any time in their portal. Information that should be kept up to date includes subjects offered, experience, monthly rates and availability. 

If you are a tutor who is no longer available to take on new students, or you’re a user who has encountered one, please let Prosikshya know ASAP.

*****

 

Terms and Conditions

 

1.    About

1.1.       Prosikshya operates an online platform that allows Users to connect through the Prosikshya Platform with other Users who provide Tutoring Services.

1.2.      Please read these terms as well as Prosikshya’s Policies, Community Guidelines and Privacy Policy before using the Prosikshya Platform. These are incorporated by reference into this agreement.

1.3.      All defined terms in this User Agreement have the meaning given to them in Appendix A.

 

 

2.   The Prosikshya Services

2.1.      Prosikshya provides the Prosikshya Platform only to enable Tutors to offer Tutoring Services in accordance with these Terms and Conditions. 

2.2.     Registering and creating an account on Prosikshya is free. There is no charge for Tutors to list Tutoring Services on Prosikshya or for Students to review content on the Prosikshya Platform, including Tutor profiles. Prosikshya charges Tutors a Commission on lessons when scheduled and paid for by Students.

2.3.     Students may use the Prosikshya Platform to contact, request a lesson from and engage Tutors to provide Tutoring Services, including to facilitate payment from Students to Tutors for Tutoring Services provided. 

2.4.     Once a Student and Tutor agree to the terms of Tutoring Services (namely price, date, time and location), Tutor is responsible for scheduling a lesson with the Student on the Prosikshya Platform.

 

 

3.   Tutors and Tutoring Services

3.1.      Tutors listed on Prosikshya are not employees or agents or contractors of Prosikshya. In engaging a Tutor, Students are directly contracting with Tutors through the Prosikshya Platform and accordingly, the Tutoring Services offered and/or provided by Tutors are provided directly and are not offered and/or provided by or on behalf of Prosikshya.

3.2.     To ensure and protect the integrity of the Prosikshya Platform, Prosikshya requires that Tutors meet certain minimum requirements, standards and/or qualifications from time to time to be listed on the Prosikshya Platform. If a User applies to list on Prosikshya and Prosikshya determines that a Tutor does not satisfy these standards, or is already listed on Prosikshya and ceases to meet these minimum requirements, standards and/or qualifications, Prosikshya may reject or remove Tutor from the Prosikshya Platform in its absolute discretion.

3.3.     Prosikshya has no obligation to approve an application submitted by a User to be listed on Prosikshya as a Tutor.

3.4.    Prosikshya bases the admission of Tutors to offer Tutoring Services on the Prosikshya Platform based on the face-value of applications to list on Prosikshya. Although Prosikshya may from time-to-time seek to verify information in a tutor application and/or invite applicants to an interview with Prosikshya, you acknowledge and agree that Prosikshya has no obligation to investigate a Tutor before they are admitted to list on the Prosikshya Platform, including to undertake criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Tutor to provide Tutoring Services which they may claim to be able to provide on the Prosikshya Platform. You understand and agree that you are solely responsible for conducting any appropriate background checks, including working with children checks (if applicable) and obtaining references, licenses, certifications, or proof of insurance(s) prior to engaging a Tutor to provide Tutoring Services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments when selecting and engaging a Tutor. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Prosikshya from any and all loss, liability, injury, death, damage, or costs arising or in any way related to Tutoring Services.

3.5.     By applying and continuing to list Tutoring Services on Prosikshya, Tutors represent and warrant at all times that:

(a)    all information Tutor has provided to Prosikshya, including all information to be published on Tutor’s profile on Prosikshya, including Tutor’s employment history, education, academic results, certifications, qualifications, Working with Children Check, and any personal history is true, correct and complete in all respects;

(b)    if Tutor seeks to provide Tutoring Services to students under the age of 18, Tutor has obtained and continues to maintain a good manner and is not prohibited to work with children under the age of 18;

(c)    if Tutor is listed on Prosikshya as a teacher, has obtained and continues to maintain a valid and unexpired teaching accreditation in the area of expertise or competency specified in Tutor’s profile;

(d)    you have a right to provide the Tutoring Services, to work in the jurisdiction where the Tutoring Services are performed and that you will comply and are complying with any tax and regulatory obligations in relation to the performance of Tutoring Services and any Tutor Funds received through the Prosikshya Platform;\

(e)    no information provided by Tutor to Prosikshya or included in Tutor’s profile on Prosikshya is misleading or deceptive or likely to mislead or deceive in any respect; and

(f)     Tutor enters into this User Agreement of free will and of legal capacity to do so and so doing does not violate the terms of any other agreement between the Tutor and any third party.

3.6.     It is a material term of this agreement that Tutors receive payment from Students for Tutoring Services.

3.7.     Tutors acknowledge and agree that Prosikshya does not provide any guarantee or representation as to any minimum quantity of Tutoring Services available to, or generated for, Tutors on Prosikshya. In addition, Prosikshya provides no guarantee or representation as to any minimum availability or uptime of Prosikshya’s website and/or the Prosikshya Platform, which may be unavailable at any time for any reason and Prosikshya is not responsible for any delays, failures or other damages, liabilities or losses resulting from such occurrences.

3.8.     Tutors are solely responsible for any and all taxes payable by them (or their associated entities) in connection with Tutoring Services, including without limitation any income tax and GST. Accordingly, Tutors are required to complete all relevant and required tax registrations as a provider of Tutoring Services in Nepal and to calculate and remit all tax liabilities relating to the provision of Tutoring Services as required by applicable laws.

3.9.   Users acknowledge and agree that Prosikshya does not provide any guarantee or representation as to any minimum quality or duration of the Tutoring Services provided by a Tutor.

3.10.    Prosikshya has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Tutors on the Prosikshya Platform, including, but not limited to, the honesty or accuracy of any Tutor’s public profiles, including but not limited to their self-reported credentials, education, experience or ability.

3.11.   Prosikshya accepts no liability for any aspect of the Student and Tutor interaction, including but not limited to the description, performance, delivery or quality of Tutoring Services.

3.12.   Prosikshya has no responsibility and makes no warranty as to the truth of any aspect of any information provided by Users, including, but not limited to, the ability of Tutors to deliver Tutoring Services, or the honesty or accuracy of any information provided by Tutors in their profiles or the ability of Students to pay for Tutoring Services.

3.13.   Prosikshya makes no representation or warranty in relation to Tutoring Services. However, to help us continue to improve the Prosikshya Platform, Users may inform Prosikshya of their experiences with the Prosikshya Platform and/or Tutoring Services at admin@prosikshya.com

 

 

4.  Prosikshya’s role and obligations

4.1.      Prosikshya provides the Prosikshya Services only. Any agreement reached between a Student (including their parent or legal guardian) and a Tutor for the provision of Tutoring Services will be made directly between the Student and that Tutor. Prosikshya is not responsible for the actions or inactions of a Student, parent or their legal guardian in relation to a Tutor or vice-versa in the context of such an arrangement.

4.2.     At its absolute discretion, Prosikshya may refuse to allow any person to register or create an account with Prosikshya or cancel or suspend or modify any existing account including if Prosikshya reasonably forms the view that a User’s conduct (including a breach of this User Agreement) is detrimental to the integrity, operation or reputation of the Prosikshya Platform.

4.3.    Prosikshya has no obligation to any User to assist or involve itself in any dispute between Users, although it may do so to improve User experience.

 

 

5.  Fees

5.1.      Use of the Prosikshya Platform may result in a charge to Students of a monthly Price payable in respect of any Tutoring Services received from a Tutor.

5.2.     The Lesson Price paid by a Student is final and non-refundable, unless otherwise determined by Prosikshya, agreed to by a Tutor or required by the Nepali Consumer Law (under which you may be entitled to a refund for a major failure of the Prosikshya Services, or other remedies for a minor failure).

5.3.     After a Student has received Tutoring Services, the Price in respect of those Tutoring Services is due immediately and will be automatically charged against the preferred payment method designated in a Student’s account. The Lesson Price (grossed up for and including any applicable GST) will be charged approximately 48 hours after the lesson was scheduled to occur on the Prosikshya Platform.

5.4.    If a Student’s payment method is determined to be expired, invalid or otherwise not able to be charged, Prosikshya may restrict a User’s account (including suspending any future lessons) until all Fees have been paid.

5.5.    You may elect to cancel a request for Tutoring Services from a Tutor at any time, in which case you may be charged a cancellation fee in accordance with Prosikshya’s Cancellation Policy (see clause 8 below).

5.6.    Tutors pay Prosikshya a Commission of the Lesson Price in consideration for using the Prosikshya Platform. The Commission payable by a Tutor will depend on a Tutor’s account tier on Prosikshya, which is published and updated.

5.7.     For the avoidance of doubt, Tutor Funds comprise the Price less Commission and any applicable Service Fees.

5.8.    Tutors must not charge any fees on top of the Tutor Funds, whether directly or outside of the Prosikshya Platform. However, Users may agree to amend the Lesson Price for a lesson on the Prosikshya Platform.

5.9.    Prosikshya reserves the right to amend the amount of the Commission and Service Fee from time to time and any changes will be updated

5.10.   It is a material term of this User Agreement that all Tutoring Services provided by a Tutor to a Student are scheduled on and paid for through the Prosikshya Platform.

 

 

6.  Payment facility

6.1.      Prosikshya uses a Payment Provider to charge Students via their preferred payment method. In so far as it is relevant to the charging of Student’s preferred payment method, the terms at https://esewa.com/ are incorporated into these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency in relation to the charging of the Student via their preferred payment method. If Prosikshya changes its Payment Provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

 

 

7.   Logging, bypassing and solicitation

7.1.      Users must not make, or directly or indirectly procure, solicit, canvass, approach, infer or induce another User to pay, make or receive any payments outside of the Prosikshya Platform or otherwise bypass (or attempt to bypass) the Prosikshya Platform or by any other means or mechanism avoid or seek to avoid paying Prosikshya any fees that it may otherwise be due under these Terms and Conditions. For the avoidance of doubt, this includes seeking to receive, or receiving, services which are in any way competitive with the Tutoring Services from a Tutor outside of the Prosikshya Platform in return for cash, direct bank transfer or payment by any other means or mechanism to avoid paying Prosikshya any fees that it may otherwise be due.

7.2.     Users acknowledge that Tutors are in a contractual arrangement with Prosikshya and you agree that you will not directly or indirectly procure, solicit, canvass, approach, infer, induce a Tutor to provide any services outside of the Prosikshya Platform which are in any way competitive with the Tutoring Services. This includes using the Prosikshya Platform for the sole purpose of procuring, soliciting, canvassing, approaching, inferring or inducing a Tutor to provide tuition for or through a business that is in any way competitive with Prosikshya.

7.3.     If Prosikshya determines in its sole discretion that you have breached any obligation under this clause, Prosikshya may immediately cancel or suspend your account on the Prosikshya Platform and reserves its right to seek and obtain injunctive relief or any other remedy, in court, against you in relation to such a breach.

7.4.     Users acknowledge and agree that bypassing Prosikshya and solicitation of Users outside of the Prosikshya Platform will cause Prosikshya financial and non-financial harm. Users found to be in breach of this clause will be immediately liable to pay, and within 14 calendar days of demand will pay, Prosikshya Rs 40000 for each occurrence of the breach as liquidated damages.

 

 

8.  Cancellation policy and Refunds

8.1.    A Student may cancel a Scheduled tuition at no charge: 

(a)  by giving the Tutor at least 24 hours’ notice by clicking ‘Cancel’ on the relevant on the Prosikshya Platform and confirming cancellation of said Scheduled Lesson; or 

(b)    at any time, with the agreement of the Tutor (who must then cancel the Scheduled in the calendar on the Prosikshya Platform). 

8.2.   If a Student cancels a Scheduled tuituion with less than 24 hours’ notice, Student will be charged the full Price for the lesson.

8.3.     A Tutor may cancel a Scheduled tuition at any time by clicking ‘Cancel’ on the relevant on the Prosikshya Platform and ensuring to reschedule at a mutually convenient time with the Student. 

8.4.    For the avoidance of doubt, a Student cannot be charged where the cancellation of a Scheduled is attributable to the Tutor (ie. the Tutor failed to appear or was more than 10 minutes late to a lesson).

8.5.    For all refund requests, Students and Tutors should seek to resolve the matter directly and follow the mediation and dispute resolution procedures set out in clause 21.

8.6.    Prosikshya may decide in its absolute discretion to refund the Price back to a Student or waive a cancellation fee.

8.7.     Any amount returned by Prosikshya to a Student on behalf of a Tutor under clause 8.5 will be a debt owed by the Tutor to Prosikshya and may be offset by Prosikshya against any other payments owed at any time to the Tutor.

8.8.    Prosikshya may take up to 14 days to refund the Price to a Student.

 

 

9.  User obligations

 

General

9.1.      You agree that you will at all times:

(a)    comply with these Terms and Conditions (including all Prosikshya Policies incorporated by reference) and all applicable laws and regulations;

(b)    only post accurate information on the Prosikshya Platform;

(c)    ensure that you are aware of any laws that apply to you as a Student or Tutor or User, or in relation to accessing or using the Prosikshya Platform.

9.2.     You must be at least 18 years of age to become a User. If you are under the age of 18, a parent or guardian must conduct these activities on your behalf. You acknowledge and agree that Prosikshya does not take steps to verify the age of Users and assumes that in accessing Prosikshya, you either are over the age of 18 or a parent or guardian is accessing and engaging in activities on the Prosikshya Platform on your behalf.

9.3.     Users must be natural persons, but can specify within their account description that they represent a business entity.

9.4.    You must maintain control of your account on Prosikshya at all times. This includes not letting or allowing others to use your account, not transferring or selling your account or any of its content to another person.

9.5.    You grant Prosikshya an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Prosikshya Platform for the purpose of publishing material on the Prosikshya Platform and as otherwise may be required to provide the Prosikshya Service, for the general promotion of the Prosikshya Service, and as permitted by this agreement.

9.6.    You may be entitled to, provided, gifted or granted following registration on Prosikshya. All credits (excepting credits issued in connection with prepaid packages) are non-refundable or convertible into cash and can only be used or claimed by being used to offset the cost of a paid lesson with a tutor on Prosikshya. Prosikshya may change the amount of any credit, and whether or not to offer a credit, or charge a membership fee to new customers at any time.

9.7.     Account registration requires you to submit to Prosikshya certain Personal Information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Prosikshya Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times and to ensure that you do not allow others to use your account, or by transferring or selling your account or any of its contents to another person. Unless otherwise permitted by Prosikshya in writing, you may only possess one account.

9.8.    You agree that any content (whether provided by Prosikshya, a Tutor, a User or a third party) on the Prosikshya Platform may not be used on third party sites or for other business purposes without Prosikshya’s prior written permission.

9.9.    You understand and agree that Users are solely responsible for making their own evaluations, decisions and assessments about choosing a Tutor that is appropriate for their needs. In making a selection, Users should review and investigate each Tutor’s self-reported credentials, education and experience, as well as reviews from other Users. 

9.10.   You must not use the Prosikshya Platform for any illegal or immoral purpose.

9.11.    You agree that any information posted on the Prosikshya Platform must not, in any way whatsoever, be potentially or actually harmful to Prosikshya or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Prosikshya.

9.12.   Without limiting any provision of this agreement, any information you supply to Prosikshya (including but not limited to the information you may be prompted to provide by a registration form) or upload, post, publish or otherwise transmit on the Prosikshya Platform must be up to date and kept up to date and must not:

(a)    be false, inaccurate or misleading or deceptive;

(b)    be fraudulent or involve the sale of counterfeit or stolen items;

(c)    infringe anyone’s copyright, patent, trademark, trade secret or other proprietary rights or Intellectual Property rights, rights of publicity, confidentiality or privacy;

(d)    violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);

(e)    be defamatory, libellous, threatening or harassing;

(f)     be obscene or contain any material that, in Prosikshya’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

(g)    contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Prosikshya Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

9.13.   You agree that you are entirely responsible for all content and information that you upload, post or otherwise transmit through your use of the Prosikshya Platform.

9.14.   The Prosikshya Platform may use location-based functionality from time to time, including displaying an approximate location of Tutors or Students to persons on the Prosikshya Platform. A User should never disclose personal details such as the User’s full name, street number, phone number or email address in a public profile or in any other public communication on the Prosikshya Platform.

9.15.   You agree to use the Prosikshya Platform in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Prosikshya Platform that Prosikshya, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:

(a)    defaming, abusing, harassing, harming, stalking, threatening or otherwise violating the legal rights (including without limitation rights of privacy and publicity) of others;

(b)    publishing, posting, uploading, distributing or disseminating any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

(c)    use of the Prosikshya Platform for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;

(d)    taking any action that would undermine any aspect of the Prosikshya Platform;

(e)    attempting to gain unauthorized access to the Prosikshya Platform, other User accounts, or other device, computer system or networks connected to the Prosikshya Platform;

(f)     advertising or offering to sell any goods or services for any commercial purpose on the Prosikshya Platform that are not appropriate or relevant to the Prosikshya Platform;

(g)    impersonating another person or allowing any other person or entity to use your user name, password or membership;

(h)    posting the same content repeatedly or spamming;

(i)      downloading any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Prosikshya Platform;

(j)      accessing, downloading, or copying any information, content and/or materials from the Prosikshya Platform through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

(k)     reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Prosikshya Platform; or

(l)      restricting or inhibiting any other user from using and enjoying the Prosikshya Platform.

 

 

9.        Academic honesty

9.1.    You acknowledge and agree that the Prosikshya Services and the Tutoring Services are provided for the purposes of facilitating learning, not cheating. You agree not to inquire about the engaging of, or to engage, Tutors for the purpose of or to complete assignments, write papers, take quizzes or otherwise do work on your behalf. You agree not to use the Prosikshya Platform or the Tutoring Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.

 

 

10. Feedback and reviews

10.1.     After receiving Tutoring Services obtained through the Prosikshya Platform, Users will have the opportunity to rate your experience and leave feedback for your Tutor.

10.2.    You agree to not provide feedback or reviews that are defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Prosikshya in its sole discretion, whether or not such material may be protected by law. Prosikshya may, but is not obligated to, review, monitor, or remove content submitted by Users, at Prosikshya’s sole discretion and at any time and for any reason, without notice to you.

10.3.    Prosikshya is entitled to suspend or terminate your account at any time if Prosikshya, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other Users.

 

 

11. Intellectual Property

11.1.    Prosikshya does not grant you any right to any Intellectual Property belonging to Prosikshya.

 

 

12. Confidential Information

12.1.    All Confidential Information provided by Prosikshya to you or resulting from your use or access of the Prosikshya Platform must be kept confidential and must not be disclosed to any third party (unless required by law to be so disclosed or with prior written approval from Prosikshya).

12.2.   You acknowledge that damages may be an inadequate remedy to protect Prosikshya’s interests if you breach this clause 13 and that Prosikshya is entitled to seek and obtain injunctive relief or any other remedy, in any court, against you for a breach of this clause 13.

 

 

13. Privacy

13.1.    Our collection and use of Personal Information in connection with Prosikshya is as provided in Prosikshya’s Privacy Policy. A current version of Prosikshya’s Privacy Policy can be accessed on Prosikshya’s website and is incorporated into this User Agreement by reference.

13.2.   Users will not use any contact information of another User, or the messaging function on the Prosikshya Platform, for any other purpose other than fulfilling, organising, receiving or providing Tutoring Services.

 

 

14. Termination

14.1.    Either you or Prosikshya may terminate your account at any time for any reason.

14.2.   Termination of your account and these Terms and Conditions does not affect any contract for Tutoring Services between a Student and Tutor. Prosikshya may, at its absolute discretion terminate any legal relationship that has been formed between Students and Tutors.

14.3.   Clause 7 (Bypassing and solicitation), clause 11 (Feedback and reviews), clause 12 (Intellectual Property), clause 13(Confidential Information), clause 14 (Privacy), this clause 14.1 (Termination), clause 16 (Indemnity), clause 18 (Disclaimer and limitation of liability), clause 19 (Academic results disclaimer), clause 21 (Notices), clause 22.8 (General) and Appendix A (Defined terms and interpretation) and any other terms which by their nature should continue to apply, will survive any termination of expiration of these Terms and Conditions.

14.4.   If your account is terminated for any reason then you may not without Prosikshya’s consent (in its absolute discretion) create any further accounts with Prosikshya and we may terminate any other accounts you operate.

 

 

15. Indemnity and limitation of liability

15.1.    The User shall indemnify, defend (at Prosikshya’s option) and hold harmless Prosikshya and its affiliates, officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, taxes and entitlements arising out of or related to (a) your breach of your representations, warranties or obligations under this User Agreement, or (b) any claim, suit or action made or brought by a third party (including, without limitation, Users, regulators and government authorities) directly or indirectly related to your provision of use or access of the Prosikshya Services. Any liability shall be reduced proportionately if, and to the extent that, Prosikshya directly caused or directly contributed to any such damage or losses.

15.2.   Prosikshya’s sole liability to a Tutor under this User Agreement is for payments of Tutor Funds due to Tutor;

15.3.   To the extent permitted by law, Tutor will have no claim against Prosikshya for direct or indirect loss or damage incurred during the execution of Tutor’s duties and, to the maximum extent permitted by law, Tutor bears all risks relating to the provision of Tutoring Services, the interaction between the Tutor and Students (including both Students and/or Student’s parents or guardians). Tutor acknowledges that Prosikshya has not and does not audit or check Student backgrounds and Tutor must exercise their own judgment and develop their own protocol in deciding whether to provide Tutoring Services to a Student who is connected with Tutor on the Prosikshya Platform; and

15.4.   To the extent permitted by law, no action or proceeding against Prosikshya may be commenced more than two (2) years after the claim has arisen.

 

 

16. Infringement

16.1.    Tutor warrants that, in rendering Tutoring Services to Students, Tutor shall not knowingly infringe any copyright, trade secret or other intellectual property right of any third party, and that you shall use best efforts to avoid any such infringement.  Tutor hereby agrees to defend Prosikshya (at Prosikshya’s option) against any claim of copyright, trade secret or other intellectual property infringement made against Prosikshya on account of the Services rendered by Tutor. Tutor further agrees to fully indemnify and hold Prosikshya harmless against any loss, damage, award or expense (including reasonable lawyers’ fees) resulting from any such claim.

 

 

17. Disclaimer and limitation of liability

17.1.    Except for liability in relation to a breach of a Non-Excludable Condition, to the extent permitted by law, the User will have no claim against Prosikshya for direct or indirect loss or damage incurred during the use or access of the Prosikshya Services and, to the maximum extent permitted by law, the User bears all risks relating to the use and access of the Prosikshya Services and/or the provision or receipt of Tutoring Services and the interaction between the Tutor and Student (including students and/or student’s parents or guardians).

17.2.   Except for liability in relation to a breach of a Non-Excludable Condition, to the extent permitted by law, Prosikshya specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Students and Tutors.

17.3.   Except for liability in relation to a breach of any Non-Excludable Condition, and to the extent permitted by law, Prosikshya is not liable for any Consequential Loss arising out of or in any way connected with the Prosikshya Services.

17.4.   Prosikshya’s liability to you for a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

17.5.   To the extent permitted by law, no action or proceeding against Prosikshya may be commenced more than two (2) years after the claim has arisen.

17.6.   The User acknowledges that Prosikshya has not and does not audit or check Tutor backgrounds (other than (a) that they meet Prosikshya’s minimum qualifications to be listed as a tutor on Prosikshya (if applicable); and (b) in verifying whether a Tutor meets the requirements to be awarded a particular badge on Prosikshya) and the Student must exercise their own judgment and develop their own protocol in deciding whether to seek Tutoring Services from a Tutor.

17.7.   To the full extent permitted by law, you agree that Prosikshya will be absolved of all prosecution and liability in the event of abuse or sexual harassment by Tutors to Students. If such an incident occurs, Prosikshya will provide authorities with all relevant documentation, information, cooperation and support necessary.

17.8.   You may find links to other websites or resources on the Prosikshya Platform. You acknowledge and agree that Prosikshya is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

 

18. Academic disclaimer

18.1.   While Prosikshya endeavours to facilitate connection between professional and knowledgeable Tutors and Students, the results of engaging Tutors and receiving Tutoring Services may vary and depend upon a range of factors (including but not limited to the Tutor selected and engaged, a Student’s study habits, work ethic, schooling experience, teaching methods and engagement at school and for many other reasons that are personal to Students).  Accordingly, you acknowledge that Prosikshya provides no representation nor warrants or guarantees that the use of the Prosikshya Platform or receiving Tutoring Services directly from Tutors will lead to an improvement in academic performance or results. To the full extent permitted by law, you agree to hold Prosikshya blameless for any act or omission, dispute, action, claim or proceedings or loss or damage arising from a Student’s academic results or performance.  

18.2.   You acknowledge that the terms ‘expert’ and ‘qualified’ in relation to a Tutor on the Prosikshya Platform refers to someone who has satisfied Prosikshya’s minimum qualifications to be listed as a Tutor on Prosikshya. ‘Expert’ and ‘Qualified’ should not be confused with having earned an accredited teaching qualification or having any particular expertise or qualification unless otherwise stated by the Tutor in their profile to which a Tutor is wholly and entirely responsible.

 

 

19. Modification of Terms and Conditions

19.1.   Prosikshya reserves the right to modify these Terms and Conditions at any time, effective upon publishing an updated version of these Terms and Condition to the Prosikshya Platform (publication of which shall be deemed to be notice to you) or by written notice notifying you that it has been amended. Prosikshya reserves the right to modify Prosikshya Policies or information referenced in any hyperlinks forming part of these Terms and Conditions at any time. You hereby acknowledge and agree that, provided that you remain a User, you are bound by any future amendments and additions to these Terms and Conditions, any Prosikshya Policy, any information referenced in hyperlinks or embedded herein, or documents incorporated herein. For the avoidance of doubt, continued use or access of the Prosikshya Services after the publication of any amended User Agreement on the Prosikshya Platform shall constitute acceptance of the amended Terms and Conditions.

19.2.  If you do not agree with any changes or amendments to these Terms and Conditions (or any of the Prosikshya Policies), you must either immediately terminate your account or you must notify Prosikshya who will terminate your Prosikshya account, and stop using or accessing the Prosikshya Platform.

 

 

20. Notices

20.1.    Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Prosikshya’s contact address as displayed on the Prosikshya Platform, or a User’s contact address as provided at registration. Any notice shall be deemed given:

(a)    if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable; and

(b)    if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which you have your Prosikshya Platform account.

 

 

21. Mediation and dispute resolutions

21.1.   If a dispute arises with another User, you must co-operate with the other User and make a genuine attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

21.2.  If the parties are unable to resolve the dispute in accordance with clause 22.1, either party may refer the dispute to Prosikshya and act in accordance with this clause 21.

21.3.  Prosikshya encourages Users to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Prosikshya may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.

21.4.  Prosikshya may elect to assist Users resolve disputes. Any User may refer a dispute to Prosikshya. You must co-operate with any investigation undertaken by Prosikshya. Prosikshya reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Prosikshya’s determination in an applicable court.

21.5.  Prosikshya has the right to hold any Fees that are the subject of a dispute until the dispute has been resolved.

21.6.  Prosikshya may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a third party service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

21.7.  If you have a complaint about the Prosikshya Service please contact us by emailing admin@prosikshya.com.

21.8.  If Prosikshya provides information about other Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Prosikshya for any costs, losses or liabilities incurred by Prosikshya in relation to any claims relating to any other use of information not permitted by this User Agreement

 

 

22. General

 

Entire Agreement and variations

22.1.   These Terms and Conditions, including any guides, policies, standards or documents incorporated herein, sets out the entire agreement and understanding between the parties and supersedes any prior agreement.

22.2.  A User may not assign any of his or her rights under these Terms and Conditions, or delegate the performance of any of his or her duties hereunder to another party or User, without the prior written consent of Prosikshya.

22.3.  Prosikshya reserves the right to modify these Terms and Conditions at any time, effective upon publishing an updated version of this Agreement to Prosikshya’s website (publication of which shall be deemed to be notice to you) or by written notice notifying you that this Agreement has been amended. Prosikshya reserves the right to modify Prosikshya Policies or information referenced in any hyperlinks forming part of this Agreement at any time. You hereby acknowledge and agree that, provided that you remain a User on Prosikshya, you are bound by any future amendments and additions to this Agreement, any Prosikshya Policy, any information referenced in hyperlinks or embedded herein, or documents incorporated herein. For the avoidance of doubt, continued use of Prosikshya and provision of Services after the publication of any amended Agreement on Prosikshya’s website shall constitute acceptance of the amended Agreement.

 

 

Force majeure

22.4.  Neither party shall be liable to the other for any loss, damage, delay or failure of performance, that is caused by an act or event beyond its reasonable control, including but not limited to, acts of God, civil disturbances, war, strikes, pandemics, emergency laws, regulations or governmental proclamations, or acts or failure to act of any governmental entity. Failure by either party to perform under this Agreement, because of the endurance of an event of force majeure for more than three months, will represent a ground for its termination on ten (10) days written notice.

 

 

Governing law

22.5.  This User Agreement is governed by and shall be construed in accordance with the laws of the State, Nepal and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State, Nepal.

22.6.  The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

22.7.  A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or future exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

22.8.  This User Agreement may be assigned or novated by Prosikshya to a third party without your consent. In the event of an assignment or novation the User will remain bound by this User Agreement.