Terms and Conditions

At Swan Tutors, we envision a world where anybody, anywhere can transform their existence by accessing the world best online tutoring and learning experience.

TERMS AND CONDITIONS OF ACCESS OR USE 

Introduction

Swan Tutors Online Private Limited having its registered office at 427 & 428 KUBERA TOWERS, NARAYANAGUDA HYDERABAD - 500029 (hereinafter referred to as "Swan Tutors Online", "we", "us", or "our" ) provides online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enroll for such courses (the "Services"), which Services are accessible at www.swantutorsonline.com and any other websites through which Swan Tutors Online makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application")

By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.

Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.

If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).

If you are using the Site, Application or Services then these Terms of Service are binding between you and Swan Tutors Online.

Definition

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

"Courses" means educational courses listed on the Site or Application.

"Course Fees" means the amounts that are due and payable by a Student for enrolment of Course.

"Collective Content" means Member Content and Swan Tutors Online Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Listing" means Courses that are listed by Swan Tutors Online as available via the Site, Application, and Services.

"Member" means a person, who completes Swan Tutors Online’s account registration process, including but not limited to Teachers and Students, as described under "Account Registration" in Clause 7 below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Swan Tutors Online promotional campaign to be made available through the Site, Application or Services.

"Payment Method" means a payment method that you have added to your Swan Tutors Online Account, such as a credit card, debit card or net banking.

"Student" means a Member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Swan Tutors Online may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

" “Teacher” means a Member who has been selected by Swan Tutors Online in order to provide services through the Site or Application

""Swan Tutors Online Content" means all Content that Swan Tutors Online makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.

Terms of Service

"By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Swan Tutors Online.

"In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

"If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.

"The Site, Application and Services comprise an online platform which creates Listings for Courses and Students may learn about and enrol for the course directly through the Site and Application.

"You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms 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 Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

"Swan Tutors Online reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

"Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Swan Tutors Online for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.

Usage of Site, Application or Services

"The Site, Application and Services can be used to facilitate the Students to enroll for Courses. Such Courses are included in Listings on the Site, Application and Services by Swan Tutors Online. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enrol for the Courses, you must first register to create a Swan Tutors Online Account (defined below).

"Swan Tutors Online makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise in the Swan Tutors Online platform, Swan Tutors Online's responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.

Account Registration

"In order to access certain features of the Site and Application, and to enrol for Courses, you must register to create an account ("Swan Tutors Online Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an account (“Swan Tutors Online Account”) created once selected by Swan Tutors Online for providing services through the Site or Application.

"You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Swan Tutors Online Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Swan Tutors Online through the Site, Services or Application; or (ii) allowing Swan Tutors Online to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Swan Tutors Online and/or grant Swan Tutors Online access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Swan Tutors Online to pay any fees or making Swan Tutors Online subject to any usage limitations imposed by such third-party service providers. By granting Swan Tutors Online access to any Third-Party Accounts, you understand that Swan Tutors Online will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Swan Tutors Online Account and Swan Tutors Online Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Swan Tutors Online Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Swan Tutors Online's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Swan Tutors Online Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Swan Tutors Online makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Swan Tutors Online is not responsible for any SNS Content.

"Your Swan Tutors Online Account and your Swan Tutors Online Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Swan Tutors Online Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Swan Tutors Online reserves the right to suspend or terminate your Swan Tutors Online Account and your access to the Site, Application and Services if you create more than one (1) Swan Tutors Online Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

"You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Swan Tutors Online Account, whether or not you have authorized such activities or actions. You will immediately notify Swan Tutors Online of any unauthorized use of your Swan Tutors Online Account.

Course Listings

"Swan Tutors Online will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.

"Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students' search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application.

"Please note that Swan Tutors Online assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Swan Tutors Online reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Swan Tutors Online, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Swan Tutors Online's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

"If you are a Teacher, you understand and agree that your relationship with Swan Tutors Online is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Swan Tutors Online for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Swan Tutors Online. Swan Tutors Online does not control, your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Swan Tutors Online, including by inappropriately using any Swan Tutors Online intellectual property.

"When you enroll for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enroll for any of the Courses must meet these requirements.

No Endorsement

"By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Swan Tutors Online with respect to such actions or omissions.

Payment Terms

"If an enrolment is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘Enrolment Request Period’), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Swan Tutors Online for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, Swan Tutors Online will send the Student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services.

"The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to Swan Tutors Online. Upon receipt of the Students enrolment request, Swan Tutors Online may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Swan Tutors Online will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student's Payment Method will be released, if applicable.

"Swan Tutors Online will collect the Course Fees from Students at the time of the enrolment request.

"Swan Tutors Online agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.

"You agree that Swan Tutors Online through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Swan Tutors Online will raise invoice for the above which shall be inclusive of all applicable Taxes.

"You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Swan Tutors Online Account. Swan Tutors Online will collect the Course Fees pursuant to the Payments Terms.

"Once you're confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment.

Cancellations and Refunds

1. If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, either prior to or after commencement of the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to You will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. Swan Tutors Online will initiate any refunds due pursuant to the Payments Terms.

2. If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Swan Tutors Online will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

Taxes

"You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Swan Tutors Online.

User Conduct

"You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

1. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;

2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;

3. access or use our Site, Application, Services expose or allow to be used or exposed, any Swan Tutors Online Content: (i) that is not publicly displayed by Swan Tutors Online in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Swan Tutors Online’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Swan Tutors Online's users or any other third party;

4. use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Swan Tutors Online endorsement, partnership or otherwise misleads others as to your affiliation with Swan Tutors Online;

5. dilute, tarnish or otherwise harm the Swan Tutors Online brand in any way, including through unauthorized use of Collective Content, registering and/or using Swan Tutors Online or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Swan Tutors Online domains, trademarks, taglines, promotional campaigns or Collective Content;

6. copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

7. infringe the rights of Swan Tutors Online or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right

8. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

9. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

10. use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

11. "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Swan Tutors Online Student;

12. register for more than one Swan Tutors Online Account or register for an Swan Tutors Online Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;

13. contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member's use of the Site, Application and Services;

14. recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Swan Tutors Online, without Swan Tutors Online's prior written approval;

15. recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;

16. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

17. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

18. use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Swan Tutors Online's provision of the Services or for any other reasons;

19. violate these Terms or Swan Tutors Online's then-current Policies and or Standards;

20. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;

21. post, upload, publish, submit or transmit any Content that: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

22. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

23. use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Swan Tutors Online's name, any Swan Tutors Online trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Swan Tutors Online's express written consent;

24. access, tamper with, or use non-public areas of the Site, Application or Services, Swan Tutors Online's computer systems, or the technical delivery systems of Swan Tutors Online's providers

25. attempt to probe, scan, or test the vulnerability of any Swan Tutors Online system or network or breach any security or authentication measures;

26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Swan Tutors Online or any of Swan Tutors Online's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

27. 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, Application or Collective Content to send altered, deceptive or false source-identifying information;

28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;

29. advocate, encourage, or assist any third party in doing any of the foregoing; or

30. accept or make a payment for Course Fees outside Swan Tutors Online. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Swan Tutors Online harmless from any liability for such payment.

"Swan Tutors Online has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Swan Tutors Online may take a range of actions against you, including but not limited to deactivating or cancelling Swan Tutors Online Account, for a violation of this Section or these Terms.

"Swan Tutors Online may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Swan Tutors Online or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Swan Tutors Online, its users, or members of the public.

"You acknowledge that Swan Tutors Online has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

"Swan Tutors Online reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Swan Tutors Online, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

"If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Swan Tutors Online by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Privacy

"You agree that Swan Tutors Online's Privacy Policy (as may be updated from time to time) governs Swan Tutors Online's collection and use of your personal information.

Intellectual Property Ownership and Rights Notices

"The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Swan Tutors Online 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, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Swan Tutors Online used on or in connection with the Site, Application, Services, and Swan Tutors Online Content are trademarks or registered trademarks of Swan Tutors Online in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Swan Tutors Online Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Swan Tutors Online's Trademark & Branding Guidelines (as may be updated from time to time).

Additional Terms

"Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

Application License

"Subject to your compliance with these Terms, Swan Tutors Online grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

Swan Tutors Online Content and Member Content License

"Subject to your compliance with these Terms, Swan Tutors Online grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Swan Tutors Online Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-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, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Swan Tutors Online or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

"We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Swan Tutors Online promotional campaigns, you hereby grant to Swan Tutors Online a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Swan Tutors Online does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

"You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Swan Tutors Online promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Swan Tutors Online promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Swan Tutors Online the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Swan Tutors Online's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Swan Tutors Online promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Hyperlinks

"The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Swan Tutors Online is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 Swan Tutors Online 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.

Feedback

"We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Swan Tutors Online and you hereby irrevocably assign to Swan Tutors Online and agree to irrevocably assign to Swan Tutors Online all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Swan Tutors Online's request and expense, you will execute documents and take such further acts as Swan Tutors Online may reasonably request to assist Swan Tutors Online to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

"Swan Tutors Online respects copyright law and expects its users to do the same. It is Swan Tutors Online's policy to terminate in appropriate circumstances the Swan Tutors Online Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Term and Termination, Suspension and Other Measures

Term

1. This Agreement shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or Swan Tutors Online terminate the Agreement as described below.

Termination for convenience

1. You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Swan Tutors Online Account, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.

2. Without limiting our rights specified below, Swan Tutors Online may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

Termination for breach, suspension and other measures

1. Swan Tutors Online may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Swan Tutors Online Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Swan Tutors Online believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Swan Tutors Online or third parties, for fraud prevention, risk assessment, security or investigation purposes.

2. In addition Swan Tutors Online may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your Swan Tutors Online Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Swan Tutors Online Account, or temporarily or permanently suspend your Swan Tutors Online Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students, or (ii) Swan Tutors Online believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Swan Tutors Online or third parties, for fraud prevention, risk assessment, security or investigation purposes.

3. In case of non-material breaches and where appropriate, you will be given notice of any measure by Swan Tutors Online and an opportunity to resolve the issue to Swan Tutors Online's reasonable satisfaction.

Consequences of Termination

1. If we take any of the measures described above we may (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) refund the Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled.

2. If You or We terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Swan Tutors Online Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Swan Tutors Online Account has been suspended or this Agreement has been terminated by us, you may not register a new Swan Tutors Online Account or attempt to access and use