Terms of Use for Tutors

These Terms of Use ("Terms") govern your use of the Mesmerizing Food platform as a tutor. By accessing and using our platform, you agree to comply with these Terms. Please read them carefully before using our services.

1.       Withdrawal of Payment:

The withdrawal of payment by tutors will be subject to the conditions mentioned during the withdrawal process. Tutors must adhere to the specified conditions to receive their earnings.

2.       Bifurcation of Payment:

a.       For One-to-One Guidance Tutors:

The platform charges applicable to One-to-One Guidance tutors shall range from 20% to 25% of the total payment received from users. Tutors shall be entitled to earn between 75% to 80% of the total payment, after deducting the platform charges. Please note that the exact commission percentage within this range may vary for each tutor based on multiple aspects such as ratings and reviews, other user feedback, the skill and talent of the tutor, popularity of the tutor, region or location, and other relevant factors.

Please note that the commission percentages mentioned above are subject to variations and adjustments depending on the unique circumstances and characteristics associated with each tutor or feature. Mesmerizing Food reserves the right to determine and modify these commission rates as deemed necessary, considering the aforementioned factors and any other relevant considerations.

3.       Confidentiality of Payment Structure:

Tutors are required to maintain strict confidentiality regarding the payment structure and its bifurcation. Tutors shall not disclose or share any information about the payment details, commission rates, or any other financial arrangements with the users. This includes refraining from discussing specific percentages, amounts, or any sensitive financial information related to the platform's commission structure.

The confidentiality of the payment structure is vital to maintain a fair and transparent ecosystem for all users. It helps protect the integrity of the platform and ensures that users have a consistent and standardized experience. Any breach of this confidentiality obligation may result in appropriate disciplinary actions, including but not limited to termination of the tutor's account and legal consequences as per applicable laws.

Tutors should focus on providing high-quality educational services and engaging with users in a professional manner, without disclosing or discussing the confidential payment structure. By respecting this confidentiality requirement, tutors contribute to maintaining trust and fairness within the platform.

4.       Termination of Tutor Account

The platform reserves the right to terminate a tutor's account at its discretion, based on violations of the platform's terms and conditions, poor performance, receiving consistent negative feedback from users, or any other breach of contractual obligations. In the event of account termination, the tutor shall no longer have access to the platform and its features. The platform may provide a notice of termination, but it is not obliged to do so. The decision of account termination shall be final and binding.

5.       Non-Exclusivity Clause

I acknowledge and understand that this agreement between myself and Mesmerizing Food as a tutor is non-exclusive. As a tutor providing online tutoring services for Mesmerizing Food users, I am free to work for other employers or engage in other professional activities concurrently.

This non-exclusivity arrangement allows me to pursue additional employment opportunities or engage in other professional endeavors without any restrictions, as long as it does not interfere with my obligations and availability as a tutor on the Mesmerizing Food platform.

I am committed to upholding the terms and conditions of my engagement with Mesmerizing Food, fulfilling my tutoring responsibilities, and delivering high-quality tutoring services to Mesmerizing Food users. I understand that maintaining a high level of professionalism, punctuality, and reliability is of utmost importance while representing Mesmerizing Food as a tutor.

By acknowledging the non-exclusivity of this agreement, I recognize the flexibility it provides, enabling me to explore diverse professional avenues while contributing to the success and growth of Mesmerizing Food as an online tutoring platform.

6.       Mandatory Free Trial Period for Selected Tutors

Upon being selected as a tutor, it is a requirement to offer a specified number of free trials (typically 3-6) to users. The exact number of free trials may vary based on the data collected and analysis conducted during the trial period. This arrangement is implemented to enable the platform to evaluate user feedback, ratings, and other relevant factors to determine appropriate charges for the services provided by the tutor.

7.       Protection of Personal Information:

Tutors must not share any personal information of users or request any personal information from users. Tutors should maintain professionalism and refrain from engaging in any unprofessional activities or conversations with users.

8.       Fraudulent Activities:

In the event of any fraudulent activity, Mesmerizing Food reserves the right to take legal action and seek compensation from the tutor.

9.       Inappropriate Uploads or Posts

Tutors are strictly prohibited from engaging in the upload or posting of inappropriate content on the platform. This includes, but is not limited to, content that is offensive, discriminatory, defamatory, misleading, infringing upon the rights of others, or in violation of any applicable laws or regulations. Tutors shall exercise utmost care and diligence in ensuring that all uploaded or posted content complies with the platform's guidelines and policies. The platform reserves the right to take immediate action, including the removal of such content, issuance of warnings, suspension, or termination of the tutor's account, as deemed necessary in its sole discretion.

10.   Inappropriate Uploads or Posts/ Courses

Tutors are strictly prohibited from engaging in the upload or posting of inappropriate content on the platform. This prohibition includes, but is not limited to, content that is offensive, discriminatory, defamatory, misleading, infringing upon the rights of others, or in violation of any applicable laws or regulations. Tutors shall exercise the utmost care and diligence to ensure that all uploaded or posted content complies with the platform's guidelines and policies. The platform reserves the right, at its sole discretion, to take immediate action, including the removal of such content, issuance of warnings, suspension, or termination of the tutor's account, as deemed necessary.

11.   Coins Usage

a.       Expiry of Coins

Tutors acknowledge and agree that the coins earned or obtained on the platform shall expire after a continuous period of 6 months of inactivity in the tutor's account. Inactivity is defined as the absence of any account activity, including logging in, engaging in transactions, or accessing platform features, for a period of 6 months. Tutors are solely responsible for ensuring regular account activity within the specified timeframe to prevent the expiration of their coins. Once the coins have expired, they shall become null and void and ineligible for use or redemption. Additionally, tutors caught breaching this term by attempting to deceive the system, manipulating account activity, or deactivating their account without withdrawing their coins shall forfeit their coins.

b.       Non-transfer of Coins

Tutors expressly acknowledge and agree that the coins earned or obtained on the platform are non-transferable. Tutors shall not transfer, exchange, assign, or otherwise convey their coins to any other accounts or users, whether within or outside the platform. The coins are intended for individual use within the platform and cannot be utilized as a form of payment or value outside of the platform. Any attempts to transfer coins shall be considered a violation of the platform's terms and may result in appropriate disciplinary actions.

c.       Caring for Own Coins

Tutors bear full responsibility for the safekeeping and management of their earned coins. The platform shall not be held liable for any loss, theft, or unauthorized usage of coins associated with the tutor's account. Tutors shall exercise reasonable precautions to ensure the security and confidentiality of their account information, including login credentials. In the event of any suspected unauthorized activity or breach of account security, tutors shall promptly notify the platform and take appropriate actions as directed.

12.   Alerts

We may alert you by email or phone (through SMS/call/WhatsApp) to inform you about new service offerings of the Company and its subsidiaries/affiliates or other information which we feel might be useful for you, through the Company or its subsidiaries/affiliates.

13.   Code of Conduct:

Tutors are expected to adhere to a code of conduct that promotes professionalism, respect, and ethical behavior when interacting with users.

14.   Privacy and Confidentiality:

Tutors must respect the privacy and confidentiality of users' information and should not disclose any user-related information without proper authorization.

15.   Technology Requirements:

Tutors are responsible for ensuring they have the necessary technology, equipment, and internet connectivity to provide their services effectively on the Mesmerizing Food platform.

16.   Re-Schedule and Cancellations:

Mesmerizing Food may impose penalties for last-minute cancellations or rescheduling of appointments. Tutors should fulfill their responsibilities diligently and consider the impact on users when rescheduling or canceling appointments.

17.   Account Creation and Usage:

a. Tutors are responsible for creating and maintaining their accounts on the online teaching platform.

b. Tutors must keep their login credentials confidential and not share their account access with others.

c. Tutors are solely responsible for all activities that occur under their accounts.

18.   Intellectual Property:

a. Tutors shall retain ownership of their intellectual property rights, including the content they create for teaching purposes, subject to any agreements with the platform.

b. Tutors may not infringe upon the intellectual property rights of others and should respect copyright laws and regulations.

19.   Governing Law and Jurisdiction:

a. The terms and conditions shall be governed by and interpreted in accordance with the laws of the relevant jurisdiction.

b. Any disputes arising from the tutor's usage of the platform shall be subject to the exclusive jurisdiction of the courts in the Mumbai Judication.

20.   Communication with Users:

Tutors should maintain professional and respectful communication with users at all times. They should respond to user inquiries, messages, and requests promptly and in a courteous manner

21.   Feedback and Ratings

Tutors should encourage users to provide feedback and ratings based on their experience with the tutoring services. Tutors should also be open to constructive feedback and strive to continuously improve the quality of their services.

22.   Resolution of Disputes:

In the event of a dispute between a tutor and a user, both parties should make reasonable efforts to resolve the issue amicably. If a resolution cannot be reached, Mesmerizing Food may assist in mediating the dispute and provide a fair resolution.

23.   Suspension or Termination:

Mesmerizing Food reserves the right to suspend or terminate a tutor's account in cases of serious violations of the Terms of Use, repeated poor performance, or any other breaches of contractual obligations. The platform may provide notice of suspension or termination, but it is not obliged to do so.

24.   Force Majeure:

The Terms of Use should include a clause addressing unforeseen circumstances or events beyond the control of the tutor or the platform, such as natural disasters, acts of terrorism, or government regulations, which may temporarily suspend or interrupt the provision of tutoring services.

25.   Onboarding and Background Checks:

-          New tutors undergo a comprehensive onboarding process.

-          Background checks and screening procedures may be required for tutor approval.

26.   Availability, Response Times, Scheduling Commitments:

-          Tutors are expected to maintain clear availability schedules.

-          Timely responses to user inquiries and commitment to scheduled appointments are essential.

27.   Quality Control and Performance Management:

-          Mesmerizing Food implements quality control measures to ensure high-quality tutoring services.

-          Performance management processes may be in place to maintain service standards.

28.   Payment Procedures, Schedules, Methods:

-          The minimum withdrawal limit will be clearly specified on the withdrawal page during the withdrawal process.

-          Tutors are encouraged to take note of the minimum withdrawal limit as bank charges may apply for each withdrawal transaction.

-          To optimize cost-efficiency, tutors are advised to consider their withdrawal frequency in relation to associated bank charges, as frequent low amount withdrawals may result in higher transaction costs.

29.   Data Usage and Security Safeguards :

Tutors must take appropriate measures to protect the privacy and security of any user data accessed through the Mesmerizing Food platform. This includes but is not limited to:

-          Only collecting, accessing or using user data as necessary to deliver tutoring services and not for any other purposes.

-          Storing any user data securely, including usage of encryption, access controls, and data minimization principles.

-          Not sharing user data with any third parties, except with the express consent of the user and Mesmerizing Food.

-          Reporting any actual or suspected personal data breaches, unauthorized access, or loss of user data to Mesmerizing Food within 24 hours of discovery.

-          Complying with all applicable data protection laws and privacy regulations in the collection, use, transfer and processing of user data.

-          Implementing reasonable administrative, physical and technical safeguards to secure user data.

-          Ensuring user data is kept confidential even after engaging with the user or upon termination as a tutor.

-          Cooperating fully with any requests from Mesmerizing Food related to user data and security audits.

30.   Severability:

A severability clause states that if any provision of the Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This clause helps protect the overall validity and enforceability of the Terms.

31.   Updates to the Policy:

Mesmerizing Food may update or modify these Terms at any time. Tutors will be notified of any significant changes to the Terms.