Terms and conditions – Beneficiary (Tuition Fees) - Indus

This document is an electronic record in terms of Information Technology Act, 2000 (as may be from time to time), the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms and conditions are entered into between You and Indus Appstore Private Limited, a company incorporated under the Companies Act, 2013 with registered office at 51/117, Nelson towers, Nelson Manickam Road, Aminjikarai, Chennai, Tamil Nadu, India- 600029 (hereinafter referred to as “Indus”/ “We”/ “Us”/ “Our”). Whenever the context requires “Tutor”/“Beneficiary”/ “You”/“Your”/“Yourself” shall mean and refer to such person(s), landlord(s), apartment complexes, housing societies, etc, to whom Tuition Fee(s) is being made by the User via the Platform, post successful verification / registration with Us, in accordance with these Terms.

By proceeding to use the Platform, You shall be contracting with Indus, and expressly agree to and consent to be bound by these Terms in addition to Terms and Conditions, Privacy Policy, and all other applicable terms and policies issued / made applicable by Us from time to time (all of which are collectively referred to as ‘Terms’). You also agree and acknowledge that You have read and understand the Terms. Please note that We may amend the Terms at any time. It shall be Your responsibility to review these Terms regularly for updates / changes. By continuing to accept Tuition Fee(s) from the Users as enabled via the Platform, You accept and agree to the revision(s) including the additional terms, or modifications etc.

1. DEFINITIONS:

“Payment Facilitator(s)” shall mean and include such payment system operator(s) used by Indus (including Banks, facility provider(s), payment aggregator(s) who are integrated / partnered with Us and our Platform), with respect to authorisation and facilitation of online / digital payment(s) on Platform.
“Platform” shall mean the online platform/page on the PhonePe Platform through which Indus would extend its technology/ platform services to the User(s), to enable Tuition Fee(s), or such other platform integrated with/ operated by Indus.
“PhonePe Platform” shall mean platform, website, mobile application owned by PhonePe Limited (formerly known as “PhonePe Private Limited”) to provide its services to its users.
“Services” shall include educational, training, tutoring, mentoring, tuition related services, as per the terms agreed between User and the Beneficiary.
“Tuition Fees” shall mean the amount payable by any User to the registered Tutor for the Services extended to the User by the Tutor.
“User” shall mean registered user of the PhonePe Platform, and who uses Platform to make the payment of Tuition Fee(s) to the Beneficiary in accordance with Terms and Conditions- User (Tuition Fees).

2. APPLICABILITY:

These Terms shall govern and be applicable to the Beneficiary for the purposes of registration/ verification with the Platform, for receiving payments of Tuition Fee(s) from a User via the Platform only. The terms in relation to the fulfilment, or any other conditions associated to the Services provided by the Beneficiary to the User shall be independent of Platform, and these Terms do not govern the scope, terms or any conditions in relation to the actual Services provided by the Beneficiary to the User. Indus is not involved or related to the Service extended by the Beneficiary to the User.

3. ELIGIBILITY AND REGISTRATION:

By registering as a Beneficiary, You confirm that:

You are at least 18 (eighteen) years of age or older;
You have the legal capacity to enter into a contract / legally binding agreement(s);
You have the right, authority and capability to enter into this agreement/ accept these Terms, and use PhonePe Platform, and Platform, for the purposes of registering, accessing and receiving payments in accordance with these Terms;
You have all necessary qualifications, credentials, infrastructure, certifications, licenses, permits, registrations, and approvals as required, including under any applicable law(s) and to offer the Services, and have entered into a valid legal agreement between the User and Yourself to provide the Services to the User(s), and are entitled to receive Tuition Fee(s) from User(s) via Platform;
You have provided accurate, correct, and complete information to Indus during registration, and ensure the same is updated with Indus at all times, for the purposes of using Platform for receiving Tuition Fee(s) from any User;
You expressly authorise Indus to access, fetch, and use your information (including data / information shared by the User) to register You as a Beneficiary, and for any other requirements/ compliance(s).

4. GENERAL TERMS:

You agree and confirm that:

You have provided / are providing Services to the User as per terms agreed between You and the User.
You are utilizing Our technology interface for the purposes of Your registration/ verification with Indus, for receiving Tuition Fee(s) from any User via Platform, subject to these Terms. Indus does not provide any tuition / education services, and does not act as an educator, academic institution, certifying body, employment agency or placement service provider, and is not involved in the Service(s) in any manner.
The Services are solely governed as per the agreement / terms entered between the User and the Beneficiary. Indus has no role in identifying / verifying the genuineness, accuracy, quality or any terms in relation to the Service(s), Tuition Fee(s), User(s) etc., and has no responsibility/ liability whatsoever in this regard.
Indus (and/or Payment Facilitator) is neither Your agent nor an agent of the User.
You agree and understand that You shall be able to receive the Tuition Fee(s) from the User(s) only post completion and successful one-time registration/ verification with Indus.
For one-time registration with Indus, You shall be required to provide all details as sought by Indus, including but not limited to Your Permanent Account Number (PAN), one-time password sent to Your mobile number, and other additional requirements, information or documentation required by Indus from time to time. A one-time registration link would be sent to Your mobile number via WhatsApp or SMS or other mechanism as enabled by Indus. You would be required to complete Your registration within the time frame specified in the said link. If you fail to do so, the link would expire, and Your User will need to reinitiate the steps for Your registration/ verification.
You hereby acknowledge that Your account number / details have been provided to Indus / our Payment Facilitator by the User at the time of initiating / making a payment transaction for Tuition Fees(s) using Platform. Hence, You shall be required to provide a confirmation / verify Your bank account number / details, at the time of Your one-time registration with Indus, in accordance with these Terms. Based on Your confirmation / verification, Indus would proceed with registration of Beneficiary (You) and Your bank account, subject to these Terms.
Upon successful registration with Indus, You shall be eligible to receive Tuition Fee(s) from User(s) in Your registered bank account, subject to these Terms.
Each time a User is paying Tuition Fee(s) to You (post your registration), the status of the transaction for Tuition Fee(s) would be notified to You.
You further acknowledge and agree that, to the extent any such information or documentation is available with Indus and in accordance with Privacy Policy, You expressly authorise Indus to access, fetch, rely on, use, and process such information for the purposes of registering You, monitoring / verifying the transaction amounts You are receiving from the User(s) (post Your registration), conducting checks/ due-diligence as required by Indus. You agree and acknowledge that Indus reserves a right to verify the information and documents from any source as Indus may deem fit, including information / record(s) available on any government portal, etc.
Any/all Your information / data shall be governed by our Privacy policy.
Indus reserves the right, at its sole discretion, to conduct Your background checks, and seek additional information / document(s) as Indus may deem fit.
You hereby agree that there may be certain limits, including in relation to the transaction(s), amount(s) for Tuition Fee(s) that may be applicable to You as per our risk assessment, as per applicable law(s), or as required by our banks, facility provider(s), Payment Facilitator(s) as the case may be. We may change/modify such limits or take such as action (including suspension of our services, blocking of your account, etc) as we deem fit from time to time.
Indus, at its own discretion, reserves a right to refuse, discontinue, suspend, or take any action against the User, or the Beneficiary, in case of any suspected or actual fraud, abuse, misuse, high volume of disputed transactions, adverse media content, or to comply with any regulatory authority / government’s direction, order, or any compliance requirement.
We may review the data/information provided by You and undertake appropriate due diligence and monitoring and take any action(s) as we deem fit as per our internal policies and processes / control(s). You understand that We may also fetch any required data from any other available sources including through Our business partners or service providers which may pertain to You, the Tuition Service(s) etc., as part of due diligence and internal process. Such measures shall however not impose any obligations on Indus in any manner whatsoever. We will not be liable for any loss or damage caused to You as a result of such process, including due to submission of any incorrect or insufficient information.
We reserve the right to report You, User, or any other details / transaction(s), to the relevant authorities if it is deemed/ found to be suspicious or fraudulent, in accordance with Our policies, regulatory, and statutory guidelines. We shall not be held liable for any losses incurred by You, or User, due to such reporting by Us.
You agree that We, and/or Our Payment Facilitator(s)/card network(s)/financial institution(s) facilitating payment transaction(s) for Tuition Fee(s) may from time to time: (i) seek additional information from You, (ii) conduct various verifications to cross check such information, and/or (iii) initiate legal action against You/ User, in case We/ they are of the view that You have submitted any untrue and/or incorrect details, or have breached any of these Terms or for any reason as We/they may deem fit.

5. SETTLEMENTS AND PAYMENTS:

Indus does not determine any details in relation to the Services, User, Beneficiary or Tuition Fee(s). It is solely determined between You and the User based on the agreement for Service.
Once you have completed Your one-time registration with Indus, You shall be eligible to receive the payments made by the User in relation to the Tuition Fee(s) within T+2 working day(s) (T being the date of transaction initiated by the User), or such other timeline as maybe determined by Indus as per its process/ policy. Such payment would be processed through Payment Facilitator(s) in compliance with applicable laws, and in accordance with Our internal processes. Please note that in case of any disruption/delay in the processing of payment(s) of Tuition Fee(s) by our Payment Facilitator(s), You or User shall not hold Us liable under any circumstances whatsoever.
You hereby understand that all payment transactions towards Tuition Fee(s) would be processed based on the instructions provided by the User to Indus / Payment Facilitator. Indus shall not be liable for any failure / rejection or cancellation of any transaction(s) by our Payment Facilitator. To check the status / confirmation of credit of the amount in relation to Tuition Fee(s) paid by the User, please check your bank account statement.
You shall solely be responsible for any refund(s) to be made to the Users (if applicable), and Indus shall not bear any liability or responsibility for any refund obligations. In case of any dispute(s) between User and Beneficiary regarding any quality, delivery, or any other aspect of Service(s), You shall be primarily responsible for resolving such disputes directly with the User. You shall respond to customer compliant(s) and grievances in a professional manner.
You shall be responsible for determining, collecting, reporting and remitting all applicable taxes arising from transaction(s) in relation to Tuition Fee(s) paid to You by the User, via Platform.

6. REPRESENTATION AND WARRANTIES:

You hereby represent, warrant and undertake that:

You have full legal right and authority to perform and enter into these Terms;
You are aware of the identity of the User making Tuition Fee payment to You, and confirm that you have provided Services to such User as per your mutual agreement to the satisfaction of the User;
You shall always remain compliant with all applicable laws;
By receiving the Tuition Fee(s), You do not and will not violate any agreement, obligation(s) under any applicable laws;
You possess / have authority, have necessary qualifications, credentials, certifications, licenses, permits, registrations, and approvals as required under applicable law to provide the Service, and You are providing Services in compliance with applicable law(s);
All information provided to Indus during registration is accurate, complete, and not misleading and You will promptly notify Indus, in writing, of any changes;
You confirm that the Tuition Fee(s) received by You is solely for legitimate Services extended by You to the User and is not related to any illegal or unauthorized business activity;
The Service provided by You shall be in compliance with all applicable laws, including laws relating to education, consumer protection, data protection, advertising, etc;
The Service(s) are accurate, current, correct, and of professional quality appropriate for educational purposes and You shall deliver Services with reasonable skill, care, and diligence in accordance with professional standards;
You shall not engage in any deceptive, misleading, or unethical practice that is or might be detrimental to Indus, the User(s) or any other Beneficiary or party/person;
You shall not make any false, exaggerated, or unsubstantiated claims regarding the Services, qualifications, outcomes, or results;
You further represent and warrant that You will respond promptly to User queries, complaints, and support requests (as the case may be), and provide all required support and information to Indus in this regard, if required by Indus;
You shall not engage in any activity that could damage the reputation of Indus in any manner;
You shall not engage in or enable money laundering, financing of terrorism, corruption, fraud, or any other illegal activity at any point. You acknowledge that Indus may suspend settlements / payment(s) to You or terminate the Your relationship at any time upon suspicion of illegal activities or for any other reason as we may deem fit;
Indus reserves a right to audit/ review Your operations, records, and compliance with these Terms. You shall cooperate with Indus to ensure prompt and accurate information/ access required for such purpose. You shall cooperate in good faith with Indus to correct any practices found to be deficient or non-compliant as a result of any audit/ review/ feedback from Indus, as soon as possible.

7. CHARGES

Indus does not levy any fee(s) or charges to the Beneficiary for the purposes of accessing, using, registration with Platform or for receiving Tuition Fee(s) from the User(s) in accordance with these Terms.

8. RESPONSIBILITIES OF THE BENEFICIARY:

You hereby agree that our Payment Facilitator(s) are enabling / facilitating payments to the Beneficiary based on the payment instructions and information provided by the User in relation to the Tuition Fee(s).
Any disputes in relation to Services shall be resolved between You and the User. Indus shall not be liable for any risk/ dispute / issue associated with the services in lieu of the Tuition Fees and in no event shall be made a part to any such risk/ dispute / issue. You must address the queries raised by the User(s) only for any issues/ queries in relation to the same.
We / our Payment Facilitator retains a right to decline, or cancel transactions based on risk parameters, evaluation(s) that We / our Payment Facilitator(s) may note or encounter without giving you prior intimation.
If You erroneously receive a payment in relation to Tuition Fee(s) for a Service that You have not provided to the User, or due to any wrong information / typological error at a User’s end, or for any reasons whatsoever, please reach out to the User or your bank for the resolution. If the issue pertains due to any reasons solely attributable to the Payment Facilitator, You can reach out to Us and We can facilitate any resolution, to the extent possible. Further, Indus / its Payment Facilitator reserves a right to debit Your bank account in relation to such amount or take any steps to recover this amount from You.
You must verify your bank account statement(s) regularly to check the status of all transactions / Tuition Fee(s) payments that you expect to receive from User(s) and reach out to Your bank/ User(s) in case of any issues in this regard.

9. DISCLAIMERS

You agree that all risks arising from registering with Indus, receiving payments in relation to Tuition Fee(s) shall be solely borne by You.
You hereby acknowledge that Our Platform is a technology-enabled platform inter-alia for the purposes of facilitating payment of Tuition Fee(s) via PhonePe Platform, and through our Payment Facilitator(s). Indus does not own, operate, control, deliver, endorse, verify, or warrant any Service(s), educational materials, or any other information in relation to the Service provided by You to the User(s), in any manner whatsoever. The Service provided by the Beneficiary to the User shall be governed between the terms of the agreement as agreed between the Beneficiary and the User.
Indus does not control, endorse, guarantee, or assume responsibility for (i) the quality, accuracy, completeness, legality, suitability, reliability, or fitness for purpose of any Service; (ii) any representations made by You regarding qualifications, experience, certifications, outcomes, placements, or results; (iii) Yours or User(s) conduct, performance, acts, or omissions, whether online or offline, in any manner whatsoever, or (iv) the compliance by Beneficiary(s) or User, with applicable laws, regulations, or industry standards.
Indus shall not be responsible in relation to the Services in any manner whatsoever, to anyone, including for (i) any delay, cancellation, rescheduling, modification or discontinuation of any Service (or part thereof) by You, or (ii) Your failure to deliver Services to the User(s) partially or entirely in accordance with their descriptions, representations, or commitments, in any manner whatsoever.
Except as expressly provided herein and to the full extent permitted by law, all services (including the payment facilitation services) provided / enabled by Indus / Payment Facilitator, via Platform, are provided “as is”, “as available” and “with all faults”. All warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the service and other information provided by Indus or generally available. We do not authorize anyone to make any warranty on Our behalf, and You should not rely on any such statement.

10. OTHER TERMS:

If You are an android User, You hereby accept and agree to the Indus Consumer T&Cs.
Indus may terminate these Terms without giving any notice to You.
Indus may suspend or terminate Your registration immediately if: (i) You breach any provision of these Terms, (ii) You engage in, or are suspected to engage in, any fraudulent, illegal or unethical conduct, (iii) if We receive complaints, or disputes from Users which raise concerns regarding the Services, Beneficiary etc., (iv) if We suspect or becomes aware of illegal activity, security threats, risks to Indus, Platform, or User(s) etc. in any manner, (v) required by applicable law(s) or order of any governmental authority, or if We determine, in our sole discretion, that continuation of the relationship would be detrimental to Our business, reputation or interests.
Indus shall have the right to assign these Term(s) (including all Our rights, obligations and duties in these Terms) or any part thereof to any of our affiliates and to any successor in interest.
You agree to indemnify and hold Indus, our affiliates, employees, directors, officers, agents and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise, in relation Your breach of these Terms, breach of any representation, warranty or undertaking under these Terms, negligence, fraud, wilful misconduct by You, Your use of the Platform, Your violation of any applicable laws, rules, or regulations, Your dealings, transaction(s) or disputes with any User, any claims by/ actions of a User, or a third party in relation to Service provided by You including claims related to accuracy, quality, outcomes, personal injury, discrimination or breach of contract in relation to Service, any unauthorised use of the Platform or breach of any security attributable to the Beneficiary/ User, any fine, penalty or other cost imposed on Indus / our affiliates by any regulatory authority, Payment Facilitator(s) or third parties due to Your violation of applicable laws, regulation(s) or guidelines, or for any other reason.
In no event will Indus or our affiliates, be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation, damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise, in relation to these Terms.
Notwithstanding anything stated under these Terms, the aggregate and cumulative liability of Indus for any cause whatsoever, for all losses, liabilities and damages arising out of or in connection with these Terms, (whether caused by negligence or otherwise) shall in no event exceed sum equivalent to INR 100 (Indian Rupees Hundred).
These Terms shall be governed by the laws of India. Any claim or dispute between You and Indus that arises in whole or in part from in relation to these Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
In case of any conflict between these Terms and the Terms and Conditions these Terms shall prevail to the extent of the conflict.