Terms & Conditions
ProAce Edu Ventures LLP (“ProAce”) is the owner & promoter of the website www.myedge.in (“MyEdge”, “website”) and the Indian market focused mobile application WONK ( “Application”), together referred to as ‘services’. ProAce is the sole owner and operator of the services including but not limited to ‘LIVErary’, ‘Virtual Classroom’ and ‘Social Learning Platform’.
Applicability of Terms
Category of users to whom these terms & conditions apply -
- A student/teacher/parent/professional (an individual) above 13 years of age geographically located in any part of the world who have signed-up as a member on the website (“Member(s)”, “User(s)”);or
- A guest user of the website (“User(s)”).
For WONK (India specific only)
- A teacher/tutor/instructor/coach/mentor/facilitator (an individual) above 18 years based in India who conducts one-on-one or group physical tuition/learning classes/mock test series at his/her residence and/or student’s residence and/or third party venue, registered with WONK (“WONK Tutors”); or
- Student (an individual) above 13 years of age or Parent (an individual) above 18 years of age geographically located in India who have signed-up as a member on the application or website (“Member(s)”, “User(s)”);
- A guest user of the application (“User(s)”).
This Agreement applies to those services made available on the website & application, which are offered either free or on chargeable basis. The services may change from time to time, at the sole discretion of ProAce, and the Agreement will apply to your visit to and your use of the website and application to avail the Service, as well as to all information provided by you at any given point in time.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website and application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of website & application are also considered as part of the Agreement.
Terms & Conditions
The terms and conditions given below are applicable to all the users of the website & application effective from the date of creating an account with us or visiting our page as a guest user. This is a binding Agreement between you and ProAce. You must agree and accept all of the Terms & conditions for using our services, or you may choose to leave at any point of time. We urge you to go through our terms and conditions in detail. In case you use our services, we are given to understand you agree with all of these terms, which will remain in effect till the time you continue using our services.
Using MyEdge.in & WONK
In order to utilize the services of our website & application, you need to register as a user in either one of the following categories:
- Students/Professionals with academic interests;
Please note that in case you do not fall as an individual in any of the above categories then you are not eligible to become a member of our website and application.
You have to register by providing your email address, date of birth, country, gender and password. You need to provide accurate, complete and updated registration information about yourself and ProAce reserves the right to verify the information through third party sources. In case of any fallacy, we reserve the right to suspend or permanently delete your account. Transfer of member account is not permissible however in exceptional cases you may send us a request for seeking prior written permission for transferring your account to another person.
You confirm to use our website & application for education & learning purposes, and only in a manner that complies with all laws that apply to you. ProAce takes no responsibility for you using our website in a way that breaks any law implemented by any governing body/regulator in the world. We reserve the right to delete any user account in case we find non-compliance with any of our terms and conditions.
Algorithm for ranking WONK Tutors
We have given a lot of thought to develop a unique ranking algorithm for listing the profiles of WONK Tutors on the application. A detailed study of similar algorithms being used globally was undertaken to replicate best practices. Our algorithm has been developed keeping in mind the requirements & preferences of our customers i.e. students, parents & guardians. The listing of tutors will be based on automated computation of various factors including filters chosen by the users including their reviews, comments and feedback. Therefore, the listing of tutors on WONK does not represent in any manner the opinion & preferences of ProAce. In future, we may decide to offer premium subscription services to WONK Tutors which enables them to get a higher ranking in the search results. Till that future date, the functionality of the algorithm as stated above continues to operate. In no event, ProAce will be held responsible for the accuracy and relevancy of the listing order of the tutors on the application.
Booking Classes & Interacting with WONK Tutors
The tutors who have signed up on WONK have been asked to ensure that all bookings received through the application are confirmed and classes conducted on time. ProAce does not guarantee that a student/learner will get a confirmed slot for tuition class. In addition, ProAce has no liability if such a class is confirmed but later cancelled by the tutor, due to various reasons such as a personal emergency, health issues, bereavement etc.
We provide a facility to tutors to send an email to all the students through MyEdge, who have booked classes through WONK, to inform in advance any change of schedule. Similarly, the students have been provided a facility to send an email to the tutors through the application on any issue. As a user of our services, you understand that WONK is an application which connects the learner to the learned (Tutor) and we can’t be held responsible for any issues arising out of such interactions. If you decide to interact & book a tuition class with a tutor listed on our application, you do it at your own risk. ProAce does not endorse one tutor over the other although the ranking algorithm is subject to change without any prior notice. We will not be held responsible for any breach of service or deficiency by any tutor. We can’t completely assure you or provide any guarantee on the ability of the tutor to serve you efficiently. You are hereby advised to perform your own diligence before selecting a particular tutor.
Without prejudice to the generality of the above, we shall not be liable for:
- Any inconvenience caused to the User due to the failure on part of the Tutor to provide agreed services or to make himself/herself available at the designated time, no show, inappropriate behavior, or any other similar difficulties;
- Any misconduct or inappropriate behavior by the Tutor or his/her staff;
- Cancellation or rescheduling of classes or any variance in the fees charged;
- Any incorrect advice or referral of irrelevant books/authors/study material;
ProAce will not be liable, under any event, for any comments or feedback given by a student/learner to the Tutor on the application. We completely understand that review is a personal opinion which can’t be right or wrong. However, use of abusive or illegitimate language will not be permitted and such reviews will be subject to scrutiny & penal actions. The option of users to give feedback/review, remains at our sole discretion which may be modified or withdrawn without any prior notice. We reserve the right to moderate such reviews and are not obliged to act in any manner to give effect to the contents of the review such as request for removing a particular Tutor from the application.
Given the above, ProAce is still bound to make the user experience phenomenal on our application. Therefore, we provide all the users of the application a window of 72 hours, from the time of finish of the tuition class, to raise a ticket and explain the issue. If we find merit in the ticket raised, then 100% money back guarantee is provided. Please note that such a guarantee is solely on the discretion of ProAce and its related entities.
In case of full course in personal tuition, group tuition & mock test series if due to an unexpected series of events the tutor is not able to or is not willing to conduct the entire course then our liability to the student/parent is restricted only to the remaining classes & not the classes which have already been conducted. On our part, ProAce will take strict action against such tutors which may result in permanent suspension of their account on WONK.
In order to facilitate tuition bookings on WONK and display the benefits of the app to students & parents, ProAce has provided the option of booking a free demo class session with a tutor of choice. This facility can only be exercised once by each customer during his/her lifetime. Only one single class session can be booked for demo purposes and classes once booked can't be cancelled. The management reserves the right to refuse any class booked under this facility.
Money Back Gaurantee on Full Course Booking
ProAce is committed to its customers and therefore provides money back gaurantee to students & parents booking full course classes through WONK. The money back gaurantee can be exercised only in case of genuine reasons provided by the customer for cancellation of booking. The management reserves the right to seek further details from both the parties, initiate a discussion & address grievances. In case the customer does not want to continue with the current tutor then an alternate tutor can be suggested.The money back will be provided on a pro-rata basis for the uncompleted classes after deduction of bank charges (4%), discounts or any other statutory levies. The management reserves the right to accept or refuse any requests for money back.
Safety & Security during physical classes
ProAce is committed to ensuring safety & security during classes booked through WONK for both the students & the tutors. We have advised both the parties to exercise all safety & security precautions at their disposal during interaction. In case of any mishappening, the tutor & student can contact the law enforcment agencies. WONK is a market place for tutors & does not employ any of them. The management can't be held responsible in any manner for any mishappening or incident during a tuition class.
WONK Referral & Rewards Polcy
In our quest to showcase & share the benefits of WONK with a larger community, we have introduced a very exciting referral program. The terms of the referral program are provided on the app. We encourage our members to invite their friends through WatsApp, Facebook, LinkedIn, Email and get rewarded for all their efforts. The members can redeem their referral points for exciting gifts. The management reserves the right to acceptor reject any redemption request. Any dispute in this regard will not be entertained.
The logos, content, images, text, user information etc displayed or performed by our website and application are protected by copyright and other intellectual property laws. By signing up with us, you promise to abide by all trademark rules, copyright notices and restrictions contained in any content you access on our website and you won’t use, reproduce, modify, translate, publish, transmit, upload, license, sell or exploit for any purpose any information/content not owned by you without the prior approval of the owner and in any way that violated the rights of an individual or company. For example, if a user uploads notes on a particular topic which is shared with all his connections. The right to redistribute/share this note is reserved with the person who uploaded the notes. You can’t redistribute the note either in soft copy, physical or any other form without the specific approval of the owner. Also, in our LIVErary (Virtual Library) there are thousands of premium category eBooks available for copy & download protected by strict copyright & trademark laws. Any unauthorized redistribution or preparation of duplicate copies is a cognizable offence under the respective laws. ProAce will not tolerate any behavior that is contrary to our expectations and will take immediate steps for rectification.
Information submitted by WONK Tutors & Users
Information or content uploaded on the website is viewable by others based on the privacy settings chosen. The ownership of the content and information uploaded on our website is reserved with the user. However, the user agrees to grants a license to MyEdge to translate and reproduce the information submitted by the user in order to ensure their proper display on our website for the consumption of other users. To counter some technical requirements, our website may need to make certain changes to the information/content uploaded to meet the specification of networks, devices, services etc.
The above license if also granted by the user to the website for private information uploaded on our website which will not be visible to any other user. Further, in case you propose to share a particular piece of information/content to a selected group of users then also the above license stands valid. You also grant the license to the selected members of a particular group to view and comment/like the submission based on the functionality provided by the system.
In case of WONK Tutors, the information uploaded on the website, which will be viewed by users to review & compare tutor profiles & book classes, will be validated by ProAce either internally or through an independent third party. ProAce will ask for certain government approved documentation to verify the credentials and may also conduct physical checks, in case required. In case of any discrepancy and/or serious user and/or unprofessional behavior reported to us the respective profile can be suspended, withdrawn or blacklisted completely. ProAce takes reasonable efforts to ensure that such information is updated at frequent intervals. Although we try to verify the information submitted by the Tutors, we cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
We may share your information/content with the Cyber Crime Department of India or any other appropriate authority under the Information Technology Act, 2000 (“the said Act”) if legally required to do so.
All the above licenses granted by the user are royalty-free and irrevocable for as long as the information/content uploaded by the user is stored in the servers of MyEdge.
Responsibility of information/content uploaded
The sole responsibility of the information/content uploaded on the website & application rests with the owner(s). Further, the user & WONK tutor represents and warrants that he/she has all the necessary rights to upload such information/content. You promise to keep all your registration information accurate and complete by revising it from time to time. You are responsible for all your activity on our website & application.
The website does not validate or guarantee the genuineness of the information/content uploaded by a user although in case of WONK tutors a verification process is followed. The verification process although detailed & trustworthy however does not guarantee the accuracy of the information uploaded on the application & website. Therefore, the entire risk of the repercussions faced, including any loss or damages, due to performance of an act based on the information/content uploaded on our website and application rests solely with the user of such information/content. ProAce will not be held responsible in this regard.
Further, our website & application can’t and does not exercise any control regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the information/content. Therefore, you hereby release us from all liability having acquired or not acquired information/content from our website and application. In case of abusive, malign, irresponsible, socially unacceptable information we have provided an option to our users to “Report Abuse”. We would be taking a stern action on all such reports after reviewing the content/information in question. The website may also contain, or direct you to websites/blogs/applications containing information that you may find offensive and inappropriate. Although, we can’t control the external content but we may choose to remove the link from our website and application.
We also can’t guarantee the actual identity of any users with whom you interact on our website & application and are not responsible for which users create profile on MyEdge & WONK. We take all the steps possible including validation of email addresses, verification grids to ensure that only genuine users create a profile on our website.
Please note that your interactions with other users on our website including any financial or academic transactions, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the concerned user – the website has no responsibility in this regard. We encourage you to undertake any investigation which you consider appropriate before entering into any online or offline transaction with such individuals. You completely agree that ProAce shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
ProAce will not be involved in any dispute which arises between you and any other individual with whom you have interacted on our website and you agree that we have no obligation to get involved. In the event you have a dispute with one or more other users, you release ProAce, its promoters, staff, agents and future successors from claims, demands and damages of every kind of nature, known or unknown, foreseen or unforeseen, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our website services.
ProAce reserves the right to display its own or sponsored advertisements on the website & application. In case of independent third party advertisements, ProAce will not be held responsible for the accuracy of the information or claims being made. We do not verify the contents of the advertisement and do not encourage our users/tutors to either visit such websites or purchase any specific product/service. ProAce will ensure that contents of such advertisements are not derogatory, insensitive or with sexual overtone. In case you would like to complain about a particular advertisement then you can write into us at firstname.lastname@example.org.
ProAce will not be held liable for the services/products sold by the independent third party companies posting advertisements on our services. As a user, you also represent and warrant that you will use our services in accordance with applicable law. Any contravention of applicable law as a result of your use of these services is your sole responsibility, and ProAce accepts no liability for the same.
Policy of “No Spam”
You understand that ProAce has the right to immediately delete your account and terminate our services in case we believe, basis our sole discretion, that you have been engaging in spamming or sending other unsolicited bulk mails to other users.
Charge of user services
We believe MyEdge is one of its kind service offering in the world. The basic registration of a user does not attract any fees at present and will continue to remain free in the future. We are however charging users for utilizing our LIVErary and Virtual Classroom services. The fees being charged for these services are subject to revision without any prior notice to the users.
Being an unprecedented learning tool, we expect our services to evolve over a period of time. We may choose to modify, delete, suspend or discontinue any of our offerings or may introduce additional features or impose limits on certain features or restrict access to parts or all of our services. We will ensure that we provide you an adequate notice in case we plan to charge fees from our users for premium registration or impose any substantial changes to our website having material impact on our users. We reserve the right to remove any information/content from our website any time, for any reason, with or without notice.
In the future, additional categories of users may be introduced which may be chargeable.
About Virtual Classroom
The Virtual Classroom is a ground-breaking service conceptualized and implemented by MyEdge. The Virtual Classroom provides users with the feel and comfort of a physical classroom which we must have attended either in school, college or university. The idea is to gather and connect individuals with similar learning needs from across the country, or the world, to improve knowledge and academic performance through group learning.
We encourage teachers to organize Virtual Classroom sessions wherein an identified set of individuals/students are invited to learn academic concepts, theories from the best in the business. The reach of a teacher has no bounds and a student sitting in Chennai can now learn from a teacher based out of Delhi who has over the years built a reputation of being the best faculty in the country for a particular subject/topic. Research papers and dissertations can now be presented and discussed online, in a safe and secure environment, by using tools such as document sharing, whiteboard sharing, screen sharing etc. We expect our tool to completely transform the way learning takes place across the world.
We also envisage students to organize group study session using our Virtual Classroom wherein a chosen member performs the role of a moderator. In a world where distances are increasing and the safety and traffic issues are depleting, holding physical group study sessions are challenging. However, through our tool we propose to provide a solution wherein students can benefit from group studies through the comfort and safety of their homes.
The above are just a couple of scenarios which benefit from our Virtual Classroom tool; there are however many other purposes which can be served through this tool.
We believe that WONK is a unique tutor aggregation mobile application available in India. The application provides an unparalleled opportunity for students, learners & parents from across the country to search & review the verified profiles of thousands of tutors and book tuition classes. ProAce does not charge any service free from the users of WONK. The tutors who are registered with WONK may be liable to pay fees, charge or levy in whatever name called to ProAce in lieu of the facility provided to them to reach out to students/parents & receive bookings. The WONK tutors are advised to refer to the detailed Terms & Conditions for signing up provided on their MyEdge Account in the ‘Wonk’ section.
Delete your user & tutor account
We at ProAce are confident that you will enjoy our services so much that you will never consider deleting your account. However, in an unfortunate turn of events if you still decide to delete your account then you can send in a request at email@example.com . Please note that deletion of your account may result in removal of any content/information associated with your account.
ProAce reserves the right to terminate or suspend access to your account for any reason, including your gross violation of the above terms. We also reserve the right to decide whether you are in violation of any of the restrictions set forth in these terms. We may provide advance notice prior to deleting your account so as to enable you to retrieve any important information/content which you would have uploaded from your account. We may choose not to provide an advance notice also in case we determine that it would be illegal, or against the interest of another individual.
Provisions that, by their nature, should survive termination of these terms & conditions shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
IP addresses are captured automatically by the system and do not provide any personal information of a user. ProAce may use the IP address to administer the site effectively or gather broad demographic information for aggregate use, analyze trends, track user’s movement, sort out technical faults and other system administration purposes. Our servers also automatically log standard access information such as browser type, access times/open mail, URL requested and referral URL. We will not share this information with any third party except with the Cyber Law Department of India under the Information Technology Act, 2000 or such other Act for the time being in force in India.
The cookies are used to enable the functionality of some areas of our website. Please note that the cookies we use to retrieve user details are required for ensuring smooth operation of our website. We do not intend to share this information with any third party except in cases where Cyber Law Department of India under the Information Technology Act, 2000 or such other Act for the time being in force in India.
MyEdge is a platform for people to connect, learn and outperform. Similarly, WONK is a mobile application which provides the facility to learners & students to identify their most suited tutor and book tuition classes from the comfort of their homes. We have clearly identified three different user categories that are eligible to register with our website and application – our services therefore are not open for all. Knowledge and education is a very serious activity given its lifelong impact on an individual and we at ProAce are committed to keep it that way. We consider our website & application as groundbreaking futuristic initiatives which will transform the way education is imparted and received across the world. We request all our users to respect each other and refrain from indulging in those activities which in any way leads to physical, psychological or mental harassment of other individuals. We do not accept the following conduct from any of our users:
- which as defined by Wikipedia means actions that use information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm another or others. It also includes use of internet service such as web pages and discussion groups as well as instant messaging with the intention of harming another person.
Examples of what constitutes Cyber bullying include communications that seek to intimidate, control, manipulate, put down, falsely discredit, or humiliate the recipient. The actions are deliberate, repeated, and hostile behavior intended to harm another.
A cyber bully may be a person whom the target knows or an online stranger. A cyber bully may be anonymous and may solicit involvement of other people online who do not even know the target.
- Indulging or promoting illegal/antisocial activity including account hacking, scams, gambling etc
- Use of harmful products which can damage or hamper the operation of our website
- Illegally copying and circulating the confidential information or information/content including notes uploaded by another user without obtaining specific approval
- Use of abusive language or comments directed towards a particular community or caste or individual
- Posting sexually offensive content which in any way depicts or promotes nudity, sexual acts or sexually uncensored material
WE RESERVE THE RIGHT TO DELETE OR TERMINATE OUR SERVICES TO A USER OR WONK TUTOR ACCOUNT IN CASE WE DETERMINE THAT THE BEHAVIOUR HAS BEEN IN VIOLATION OF ANY OF THE ABOVE RESTRICTIONS, WITH OR WITHOUT PRIOR NOTICE, WITH OR WITHOUT ANY REASON. THE USER CAN’T CONTEST THE WEBSITE’S DECISION IN THIS REGARD.
ProAce does not make any representations or warranties concerning any content contained in or being accessed through our website and application, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our website. Products and services purchased or offered (whether through offers/schemes sent through email communications) are provided on “AS IS” and without any warranty of any kind from ProAce or others (unless provided expressly and unambiguously in writing by us or a third party for a specific product).
The website, application, content and any software are provided on an “AS IS” basis, without warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of our website will be uninterrupted and error free.
You agree to indemnify and hold ProAce, its affiliates, employees, agents, and partners harmless for and against any all claims, liabilities and damages, losses and expenses arising from or in any way related to any third party claims relating to your use of our website/application and any violation of these terms and conditions. In the unlikely event of such a claim, suit, we will provide notice of the claim to the contact information we have for your account.
Limitation of Liability
To the fullest extent allowed by the Indian law, under no circumstances and under no legal provision shall ProAce be liable to you or to any other person for (i) Any direct or indirect, incidental or consequential damages of any kind, including damages for lost profits, loss of reputation or goodwill, work stoppage, accuracy or genuineness of results, laptop or computer or mobile or tablet or any other such device malfunction or failure, or (ii) Any matter beyond our reasonable control.
Assignment of Terms
You can’t assign, delegate or transfer these terms and conditions or your rights or obligations specified above, or your user account, in any way without our prior written consent. We may transfer, assign, and delegate these terms and conditions and our rights without consent.
Choice of Law
These terms & conditions are governed by and will be construed under the laws of India, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the above terms and conditions shall be subject to the exclusive jurisdiction of the courts located in New Delhi only.
The users of our website and application will be responsible for withholding, filing and reporting all taxes, duties and other governmental compliances with respect to your activity in connection with our services. If any provisions of this agreement are found unenforceable or invalid, that particular provision will be limited to that extent or eliminated, so that the rest of the terms and conditions shall otherwise remain in full force and effect and enforceable. Further, you and ProAce agree that these terms are the complete and exclusive statement of the mutual understanding between you and ProAce and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these terms and conditions.
If any particular provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.