Terms Of Service (MaatraaMentor-M2)

Maatraa (“Maatraa”, “our”, “us” or “we”) provides an online communication skills program with mentors, Maatraa Mentors (M²) providing personalized guidance and feedback to those who have signed up for the course. (Collectively, the “Services”) through our website, accessible at www.maatraa.in (the “Site”). The services include the ability for Users and Mentors (each as defined below) to interact via the Maatraa platform interface or other methods as may be made available by Maatraa from time to time.

Please read carefully the following terms and conditions (“M² Terms of Service”) and our Privacy Policy, which may be found here. These M² Terms of Service govern your access to and use of the Site, Services and Collective content (defined below) and constitute a binding legal agreement between you and Maatraa.

Key Service-related Terms

“Content” means text, graphics, images, software, audio, video, information or other materials.

“Collective Content” means, collectively, Maatraa Content and User Content.

“M²” means a tutoring or educational services provider accessible via the Services.

“Maatraa content” means content that Maatraa makes available through the Site or Services, including any Content licensed from a third party, but excluding U ser Content.

“User” means a person who is a registered user of the course offered by Maatraa.

“User Content” means Content that a tutor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connect ion with the feedback provided or otherwise, including, but not limited to questions and related answers posted by Users and M² via the Services

As a mentor, your use of the Services is governed by the policies, terms and conditions below.

The site and services comprise an online platform which includes the connection between users and mentors registered with maatraa. you understand and agree t hat maatraa is not a party to any agreements entered into between users and mentors. maatraa has no control over the conduct of users, mentors and other users of the site and services, and disclaims all liability in this regard.

Certain areas of the site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these M² Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the former terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

You acknowledge and agree that, by accessing or using the site or services, or your maatraa account, or by posting any content on the site or otherwise, you are indicating that you have read, and that you understand and agree to be bound by, these mentor terms of service. if you do not agree to these M² terms of service, then you have no right to access or use the site, services or collective content.

If you accept or agree to these M² Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Tutor Terms of Service and, in such event, “you” and “your” will also refer and apply to that company or other legal entity.

How the Site and Services Work

The Site and Services facilitates the interaction between Mentors and Users via our online platform through text chat and document collaboration interface. Mentors are independent contractors and are not employees or agents of Maatraa.

You are an independent contractor and nothing in this Mentor Terms of Service will be construed as establishing an employment or agency relationship between you and Maatraa. You have no authority to bind Maatraa by contract or otherwise. You will follow the guidelines and instructions provided in connection with this M² Terms of Service or as related to the Services or site, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by Maatraa to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by Maatraa pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.

please note that, as stated above, the site and services are intended to be used to facilitate mentoring for users. maatraa cannot and does not control the services performed by mentors for students, or the actions of any mentors, users or other users of the site and services. maatraa is not responsible for and disclaims any and all liability related to any and all actions of mentors, users, third parties and other users of the site and services. accordingly, any meetings (virtual or otherwise) between users, mentors or any other third parties are done at the parties’ sole risk.

Eligibility Account Registration and Usage

To become a M² and to be eligible to receive payment for the sessions you provide, you must register and create an “Account” and be 18 or older. By registering as a Mentor, you represent and warrant you are 18 or older.

This is 6 week program. But mentoring commitment will be for 10 weeks. This is after taking into consideration the fact that students have 1 week to submit each assignment as also they can pause the course twice for a maximum of 1 week each. The course may stretch up to 9 weeks. Students are allowed on the site for 5 days after completion of course to ask questions and clarify doubts.Therefore a minimum commitment of 10 consecutive weeks is the basic requirement of time.

You can register to join the Service as a mentor by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the privacy settings you have with the SNS.

When you register with Maatraa and set up your Account, you:

agree to provide Maatraa with accurate and complete information;
agree to promptly update your Account information with any new information that may affect the operation of your Account; and
authorize Maatraa, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You will immediately notify Maatraa of any unauthorized use of your username, password or Account.

You agree that you will not permit, enable, introduce or facilitate

persons who do not have an Account to have access to the features of the Site and Services only made available to registered Mentors and
other persons to participate in providing Sessions from your Account.

Privacy

See the Maatraa Privacy Policy here for information and notices concerning Maatraa’s collection and use of your personal information.

Representations and Warranties

If you register via the Site and Services to serve as a M², you represent and warrant to Maatraa that you

will provide feedback and guidance as per the framework set up by Maatraa only;
you are or were a student at the academic institution you listed as your school at the time of registration to use the Site and Services.

AUTHENTICATION

In order that Maatraa can authenticate your identity as required by these TOS, you will be prompted to take a webcam photo of yourself, as well as a photo of an acceptable form of photo ID (described below). Once submitted to Maatraa, this information will be subject to the Maatraa Privacy Policy and will be used only for the purpose of verifying your identity. Acceptable forms of photo ID’s are:

Aadhar Card
Passport
PAN card

In order to be accepted by Maatraa, your photo ID must:

Contain your full name exactly (excluding hyphens, accents and spaces)
Contain a relatively current photograph of yourself
Be an original document; photocopied documents cannot be accepted
Be current and valid; expired documents cannot be accepted

Interactions with Users and Provision of Sessions

As a mentor you acknowledge and agree to the following:

Maatraa facilitates the interaction between the M² and Users within the framework provided by Maatraa and is not responsible for any Mentor’s failure to comply with laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, Maatraa is not responsible for the use or exchange of any information, files or goods between M² and Users.
You are solely responsible for your interactions with Users. You understand that Maatraa does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with Users. Without limiting the terms of the “Limitation of Liability” section below, your use of the Site and Services and provision of sessions is at your sole risk and discretion.
Maatraa reserves the right to contact Mentors and Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a User or another Mentor has violated the law or is defrauding, threatening or endangering anyone, Maatraa urges you to immediately contact the police directly for help.
You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your interaction and exercise professionalism, care, skill, diligence and prudence.
You are solely responsible for the content of the communications, assistance and direction that you provide.
You are solely responsible for all equipment necessary to access and use the Site and Services and to provide mentoring.
You will not record or otherwise store any sessions that you provide through the Site or Services.
You will not use the Site or Services or provide Sessions in any manner that harasses a User or another Mentor or could interfere with any other party’s use or enjoyment of the Site or Services You will respect the privacy of others and not use the Site, Services or Sessions for unwelcome, rude or abusive communications or in any other manner as determined by Maatraa in its sole discretion.
You may not use the Site or Services to contact a User to meet in person. You may not provide Sessions to a User outside of the Site or Services.
You will limit your interaction only to the domain area related to the question and shall absolve from making any personal questions such as name, gender, age, address etc. Furthermore, if any User deviates from the questions, as a responsible Mentor, you are required not to encourage such deviation from the domain area related to the question.
You shall attend to the queries/questions which may be provided to you in a time bound manner.
You are responsible for compliance with local laws if and to the extent local laws are applicable and shall not misrepresent or hold out that you are in compliance of any other laws other than what is expressly stated herein.

A M² accepts full responsibility for all his acts and information published by him/her on the site and shall indemnify Maatraa in relation to any liability incurred by them as a result of any such information.

Payments

If you are registered as a M² you will be entitled to receive a payment from Maatraa. Maatraa will pay Mentors as per its M² Payments policy which may be modified from time to time.

You will be compensated for each student assigned to you as per the agreed rate. During the course of the 6-week program you will be expected to evaluate all tasks which form part of the assignments. For each evaluation not submitted within the given timeframe a fixed amount will be deducted based on the agreed rate accepted by you.
In case of unavoidable circumstances, you are unable to evaluate and provide feedback to your mentee, within the given timeframe, the onus lies on you to inform Maatraa Admin immediately, so that an alternate mentor can be arranged.
In case you consistently do not submit evaluation and feedback within the expected timeframe, or provide incorrect feedback or express feedback in a manner contrary to the Maatraa Model, the Maatraa Admin can deactivate your account with immediate effect.
Payment due to you will be made by the 7^th of every month. This will be calculated for all students that you have mentored and have completed the program as on the last date of the previous calendar month.
In case you do not mentor any student for 3 weeks at a stretch your account will be automatically deactivated. You can reactivate your account by sending an email to maatraa@maatraa.in.

You acknowledge and agree that Maatraa reserves the right, in its sole discretion, to prospectively modify its rates for Mentor Payments at any time. You will be informed of any such modification, which will be effective in thirty (30) days from date of the modification. By continuing to provide sessions after this modification comes into effect, you are indicating that you agree to be bound by the modified Mentor Payment rates. If the modified Mentor Payment rates are not acceptable to you, your only recourse is to cease providing mentoring services. However, this will only be after having completed full evaluation of currently assigned students at the current rate. In case you would like to cease providing mentoring services, you will need to email admin at maatraa@maatraa.in with your decision, so that no new students are assigned to you.

Taxes

All payments are subject to government taxes as applicable.

Ownership

The Site, Services and Collective Content are protected by trademark, and other laws of the India. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Maatraa and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Maatraa Licenses

Subject to your compliance with the terms and conditions of these M² Terms of Service, Maatraa grants you a limited, non-exclusive, non-transferable license to view Maatraa Content solely for the purpose you have been recruited. You may not modify or edit or use any content for your personal or commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Mentor Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Maatraa or its licensors, except for the licenses and rights expressly granted in these Mentor Terms of Service.

Third Party Services

You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Sessions, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. Maatraa shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that:

infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
promotes illegal or harmful activities or substances.

You also agree not to:

Use, display, mirror or frame the Site, or any individual element within the Site or Services, Maatraa’s name, any Maatraa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Maatraa’s express written consent;
Access, tamper with, or use non-public areas of the Site, Maatraa’s computer systems, or the technical delivery systems of Maatraa’s providers;
Attempt to probe, scan, or test the vulnerability of any Maatraa system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Maatraa or any other third party (including another user) to protect the Site, Services or Collective Content;
Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Maatraa or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Maatraa trademark, logo URL or product name without Maatraa’s express written consent;
Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Mentor Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Maatraa will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Maatraa may involve and cooperate with law enforcement authorities in prosecuting users who violate these Mentor Terms of Service. You acknowledge that Maatraa has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these M² Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Maatraa reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Maatraa, at its sole discretion, considers to be in violation of these Mentor Terms of Service or otherwise harmful to the Site or Services.

Links

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Maatraa is not responsible or liable for:

the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by Maatraa of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Modification

Maatraa reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Mentor Terms of Service, at any time and without prior notice. If we modify these Mentor Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Mentor Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Mentor Terms of Service. If the modified Mentor Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.

Termination and Account Cancellation

If you breach any of these M² Terms of Service, Maatraa will have the right to suspend or disable your Account or terminate these M² Terms of Service, at its sole discretion and without prior notice to you. Maatraa reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event Maatraa terminates these M² Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may deactivate your Account at any time by sending an email to maatraa@maatraa.in, but in the event this is done while you have students assigned to you, you will not receive any payment for any mentoring that you do not complete, as this will be considered as abandonment of commitment.

Disclaimers

The site and services are provided “as is,” “where is,” “as available,” “with all faults” and, to the fullest extent permitted by law, without warranty of any kind. Maatraa and its licensors disclaim all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services. Maatraa does not warrant that the site, services will meet your requirements, or that the operation of the site and services will be uninterrupted or error-free, or that defects in the site and services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective. Hashlearn now does not warrant that provision of sessions will produce any level of profit or business for you or lead to economic benefit.

You acknowledge and agree that maatraa does not operate or control the internet and that (i) viruses, worms, trojan horses, and other undesirable data, or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. Maatraa shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems. No advice or information, whether oral or written, obtained from maatraa or through the site, services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, without limitation, any interaction with mentors or users via the services or otherwise. You understand that maatraa does not screen or inquire into the background of mentors, users or other users of the site or services, nor does maatraa make any attempt to verify the statements of mentors, users and other users of the site or services. Maatraa makes no representations or warranties as to the conduct of mentors, users or other users of the site or services or their compatibility with any current or future users or users of the site or services.You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services.

Indemnity

You agree to defend, indemnify, and hold Maatraa, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Sessions, or your violation of these MaatraaMentor Terms of Service.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content remains with you. Neither maatraa nor any other person or entity involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these mentor terms of service or from the use of or inability to use the site, services or collective content, or from any communications, interactions or meetings with mentors, users or other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not maatraa has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will maatraa’s aggregate liability arising out of or in connection with these mentor terms of service or from the use of or inability to use the site, services or collective content exceed the mentor payment amounts maatraa has paid to you in connection with your provision of sessions via the site and services or five thousand indian rupees (whichever is greater), if you have not received any mentor payments from maatraa, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between maatraa and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Maatraa used herein are trademarks or registered trademarks of Maatraa. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

This Agreement shall be in accordance with the laws of India. Any cause of action of any nature arising out this Agreement shall be brought in the City of Hyderabad

Entire Agreement

These Mentor Terms of Service constitute the entire and exclusive understanding and agreement between Maatraa and you regarding the Site, Services and Collective Content, and these Mentor Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Maatraa and you regarding the Site, Services and Collective Content.

Assignment

You may not assign or transfer these M² Terms of Service, by operation of law or otherwise, without Maatraa’s prior written consent. Any attempt by you to assign or transfer these M² Terms of Service, without such consent, will be null and of no effect. Maatraa may assign or transfer these Mentor Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these M² Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these M² Terms of Service, will be in writing and given:

via email (in each case to the address that you provide); or
by posting to the Site. For notices made by e-mail, the date of email sent will be deemed the date on which such notice is transmitted.

Dispute Resolution

All disputes, differences of opinion or controversies arising in connection with these Terms, including whether the claims asserted are arbitrable, are under the Indian Arbitration Act, 1996. The venue for all arbitrations shall be Hyderabad, India.

General

The failure of Maatraa to enforce any right or provision of these M² Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mentor. Except as expressly set forth in these Mentor Terms of Service, the exercise by either party of any of its remedies under these Mentor Terms of Service will be without prejudice to its other remedies under these Mentor Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these M² Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these M² Terms of Service will remain in full force and effect.

Contacting Maatraa

If you have any questions about these Mentor Terms of Service, please contact Maatraa at info@maatraa.in