This User Agreement, the User Privacy Notice, and all policies posted on our site www.vnaya.com (“Vnaya” “Website” or the “Site”) set out the terms on which we offer you access to and use of our sites, services, applications and tools.
Whether you reside in the United States or elsewhere in the world the entity you are contracting with is Eonline Tutors Inc, 362 Bridge brook Lane SW, Smyrna, Georgia 30082, EIN 45-4229849 (hereinafter referred to as the “Company”). The terms “we”, “us” or “our”, refer to Vnaya or the Company, used interchangeably. This document is in effect from May 1, 2015 and remains in effect until further notified.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Forum for Legal Disputes provisions below). It also contains an Agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Your access to and use of the Site is subject to the under mentioned terms and conditions. By accessing, browsing and using the Site, including availing services mentioned therein, you accept to terms of this User Agreement.
We reserve the right to modify or totally change this User Agreement any-time and as many time with no notice. Liability to review this User Agreement time to time lies with you. If you continue using Services from the Site after any change in User Agreement, this will be considered acknowledgment and agreement of the changed or modified User Agreement.
1. ABOUT US
1.1 Eonline Tutors, Inc. owns and controls the site www.vnaya.com, an online virtual learning and counselling website for your educational, informational and counselling purposes. We are also an internet and telephone based e-mental health service portal that offers to connect clients and patients with our network of mental health professionals to obtain online counseling and therapy and psychiatric services. People connected to delivery of Service may include, but are not limited to, clinical psychologists, counseling psychologists, psychiatrists, nurses, counselors, school counselors, clinical social workers, and marriage and family therapists include full time employees, part time employees, freelancers or independent contractors of the Company (collectively “Service Providers”). Service Providers listed on the Site are paid for their respective services and may or may not have financial interest in the Company. While we may help facilitate the resolution of disputes through various programs, the Company does not guarantee the existence, quality, safety or legality of items advertised on the Site nor the truth or accuracy of users content or listings.
1.2 Definition of Service Through the Website, the Company provides users with access to a variety of services, in the field of online education, including but not limited to, tutoring programs, education counselling , career counselling, test preparation and language learning courses delivered over the Internet that can be accessed from a computer with a Web browser. We are also a professional mental healthcare service portal, providing services which include, inter-alia, connecting users to the best counselors in the field of family and personal relationships, effective parenting, behavioral and social issues in children and adolescents, poor school performances, learning disability, anxiety, personality development, depression, identity crisis, loneliness, social isolation, grief, health concerns, retirement syndrome, grief, motivation, stress-free, anger management, work-life balance, unemployment stress, career-personality fit assessment, coping issues, job burnout, dissatisfaction and other psychological issues affecting school children, adolescents and the like (collectively “Services”).
2.1 The Site grants you a non-transferable right to access. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing the Site and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet. The Site or the Company shall not be responsible for any of these things.
2.2 IN CONNECTION WITH USING OR ACCESSING THE SERVICES YOU WILL NOT:
2.2.1 Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
2.2.2 Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Site, Services, applications or tools. Should you be under the age of 18 and yet use our Site, we shall assume that your parents or legal guardians have done so on your behalf;
2.2.3 Transfer your Vnaya account and user ID to another party without our consent;
2.2.4 Distribute viruses or any other technologies that may harm us, or the interests or property of users;
2.2.5 Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to us, or that comes from the services and belongs to another Vnaya user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the Company and/or any other party holding the right to license such use;
2.2.6 Commercialize any of our application or any information or software associated with such application;
2.2.7 Harvest or otherwise collect information about users without their consent; or
2.2.8 Circumvent any technical measures we use to provide the Services.
2.3 If we believe you are abusing Vnaya in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our services.
2.4 We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services. Additionally, we reserve the right to refuse or terminate our services to anyone for any reason at our discretion.
3. POLICY ENFORCEMENT
When ‘refund of money’ issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for all parties involved in the transaction.
4. INTERNATIONAL BUYING AND SELLING TRANSLATION
4.1 Many of our Services are accessible to international customers. We may offer certain programs, tools, and site experiences of particular interest to international customers and buyers, such as estimated local currency conversion tools. Customers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and reception of Services.
4.2 The fees we charge for using our Services are listed on our Site. We may change our fee structure from time to time by posting the changes on the Site. Notwithstanding anything in the contrary, whether displayed on the Site or mentioned in this Agreement, any amount paid by a user to the Company shall be non-refundable. The Company urges its users to be sure and in compliant with this clause before proceeding with payment.
5. AUTHORIZATION TO CONTACT YOU AND RECORDING CALLS
5.1 You consent to receive audio calls and text messages from us at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) Troubleshoot problems with your account; (iii) Resolve a dispute; (iv) Collect a debt; (v) Poll your opinions through surveys or questionnaires; (vii) Contact you with offers and promotions; or (vi) As otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.
5.2 We may share your telephone numbers with our service providers (such as PayPal, billing or collections companies) or other stakeholders of the Company, who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using auto dialed or pre-recorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. We, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for its own protection.
Any program accessible from the Site or any software available for download from the Site is owned by the Company or other third party provider, and all copyrights therein are reserved. You agree that you will not download, copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.
You agree to access and use the Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site, including any interactive area. By accessing the Site you agree that you will not: (i) post or use the Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content; (iii) alter, damage or delete any content or other communications that are not your own content or to otherwise interfere with the ability of others to access the Site; (iv) disrupt the normal flow of communication in any interactive area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party’s rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; or (ix) otherwise create any liability on the Company’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify the Company for any knowing or unknowing breach of this User Agreement.
8.1 Should you be dissatisfied with any service, policies, guidelines, or practices of the Company in operating the Site or any content, you must discontinue accessing the Site in entirety. The Company may terminate or temporarily suspend your access to all or any part of the Site, without notice, for conduct that the Company believes is a violation of this Agreement or any policies or guidelines posted by the Company, or for other conduct which the Company, believes is harmful to other users. The Company may discontinue operating the Site and terminate this Agreement without notice at any time for any reason in its sole discretion.
9. ACCOUNT CANCELLATION AND REFUND:
You may cancel the services by written notice to us at firstname.lastname@example.org. We will cancel the account within 48 hours of the notice. We shall refund to the fund’s source the unused validity of the account within 14 business days on the Pro Rata* basis.
*Pro Rata: It’s a partial refund based on the proportion of the product or service used. For example, if you pay in advance for a 1-year subscription but decide to cancel at the end of 6 months, a prorated refund is half the annual fee.
Funds are not refundable in case of no information by the account holder.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
10.1 This paragraph applies in all states and jurisdictions in which such terms are valid and enforceable. The Company is not responsible for any information or content contained within the Site and makes no representations about the suitability of the information contained for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.
10.2 All content and functionality on the Site is provided without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The Company and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the Site content. The Company shall have no liability or responsibility for any information published on the Websites. The Company shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
10.3 The user agrees that his/her use of the Site, including any interactive area, is at your own risk. Neither the Company, its officers, directors, employees, affiliates or agents warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy, reliability, or content of the Site.
10.4 The information is provided on an “as is”, “as available” basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree to use our services at your own discretion. This means that we do not represent or warrant to you that:
10.4.1 No warranty, guarantee, or conditions of any kind is created or offered on information or advice or suggestion, whether expressed and/or implied, in oral and/or in written via any communication medium, obtained by you from our Site or through any services and /or resources and / or information that the Company provides, except for those expressly outlined in this User Agreement.
10.4.2 The content that you or others download or otherwise obtain through the use of our services or resources and / or information is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data or information that may result from the download of such content.
10.4.3 The use of our services and / or resources and / or information will meet your needs or requirements.
10.4.4. The information obtained by using our services and / or resources and / or information will be accurate.
10.4.5 The use of our Services or information will be uninterrupted, timely, secure or free from errors.
10.4.6 Any complains, problems, defects in the operations or functionality of any services or information that we provide will be repaired or corrected.
10.5 In no event will the Company or its directors, officers, tutors, counselors, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages, including monetary or financial (even if the Company has been advised of the possibility of such damages), arising out of your use of or inability to use the Site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to the Site’s records, programs, or services.
10.6 The Company is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. The Company shall not be responsible for the actions of the respective owners of these other sites.
10.7 In addition to the above and to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from use of our service.
10.8 In conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of services or information. We will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by you or any other user as a result of using our services or information, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
10.9 If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you must discontinue use of the Services immediately, or notify appropriate police or emergency medical personnel. Eonline Tutors, Inc is not available for such help. Also, we don’t deal in emergencies. If you think you have a medical or mental health emergency, please call or go to the nearest open hospital or clinic or emergency services.
User hereby agrees to, at its own expense, indemnify, defend and hold the Company harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user, (b) any fraud, manipulation, or other breach of this agreement by a user or users, or (c) any third-party claim, action or allegation brought against the Company or related company arising out of or related to the use of the Site. User will not settle any action or claims on the Company’s behalf without the prior written consent of the Company.
12. NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.
13. THIRD-PARTY WEBSITES
14.1 By visiting the Site and accessing the resources, services, registering, purchasing services, resources, services, products, apps and online tools that are provided directly or indirectly, you agree to use any of these only for the purposes intended as permitted by the terms of this User Agreement, and applicable laws and rules laid by the government and related authorities; and generally accepted online practices and procedures. Your access to and use of the Services is conditioned on your compliance with these Terms. Either as an unregistered user or as a registered user and accessing or using the Services, the Site, or any portion of the services or the Site of www.vnaya.com you agree to be bound by these Terms and all applicable laws and regulations governing the Services. If you do not agree with these Terms, you are not authorized to access www.vnaya.com or use the services for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general Terms, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.
14.2 In the User Agreement, you agree and understand that attempting to copy, reproduce, sell or resell or trade, duplication of our resources or written material is strictly prohibited and doing so may lead to legal action as well.
14.3. To Register and become member at www.vnaya.com you may have to provide some information about yourself, such as email, identification, contact details, etc. as part of the registration process or payment process, or as part of your ability to use certain resources and Services. By reading this, you agree that any information you provide correct, and you are yourself responsible for any false information (this applies for payment methods and mechanism as well).
14.4. You agree that you are authorized person to use credit/debit card, net banking, cash card, PayPal account etc that you use to pay at www.vnaya.com for anything. If not, you will be liable for any legal action that concerned authorities may think appropriate.
14.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access www.vnaya.com services or resources, and thus you are also responsible for all activities that occur under your account/s.
14.6 Accessing or trying to access any of our Services or information or tools or resources by any means other than through the means provided on www.vnaya.com is strictly prohibited. You specifically agree not to access or try to access any of our Services or information or tools or resources through any automated, unethical or unconventional means.
14.7 Engaging in any activity that disrupts or interferes (including hacking) with our services or resources, including the servers and/or networks to which our services, resources, databases, information, payments are located or connected, is strictly prohibited; and doing so will lead to strict legal action against you.
16.1 All disputes arising out of or in connection with the present Agreement, its breach, termination or invalidity thereof, shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Place of arbitration shall be Paris, France.
17 JUDICIAL FORUM FOR LEGAL DISPUTES
17.1 In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in the state of Georgia, USA without regard to the principal of conflict of laws.