Linksmind

Terms and Conditions of Services to Tutors
This document contains the various terms and conditions that must be adhered to in order to avail the services offered by Linksmind.
These Terms of Use, hereinafter referred to as "Terms," regulate your use of the website https://www.linksmind.com and its associated mobile application that has been developed and managed by Eduresearch Linksmind LLP, hereinafter referred to as “Linksmind,” “We,” “Us,” and “Our,” with its registered office situated at Mayabazar Floor 1, Opposite CMS High School, BC Road, Burdwan, West Bengal.
Please read these terms of use carefully before using this site, downloading, installing, or using our mobile application. By accessing, registering, or using this site, you agree to be bound by these terms, including the disclaimers set forth below and the privacy policy. If you are not willing to be bound by these terms of use, including the disclaimers and privacy policy, you may not access or use this site or download our mobile application.
We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time, and each such change shall be effective immediately upon posting. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

Note: It is true to our knowledge and belief that Eduresearch Linksmind LLP and it is defined by brand name “Linksmind” is a purely Internet connecting platform, which provides services for learning various subjects for school, undergraduate, entrance exams for graduation admission, students through verified and certified Tutoring Partner. The company takes up the responsibility of identifying the needs of the child and provides you the services with a perfect mentor match. Besides, we provide an Attendance System, Notes Management, and performance management in the form of a dashboard which has features like QMS Attendance, etc.

Note: "Verified and Certified Tutoring Partners" refers to tutors who have completed Linksmind’s certification process, which includes background checks, subject expertise verification, and training.

1. Every Tutoring Partner must have a Tutoring Partner profile on www.linksmind.com. At Linksmind, we define a "Teacher" or “Tutor” as a Tutoring Partner, an independent professional who utilizes Linksmind as a platform to connect with students and provide tutoring services. Tutoring Partners pay a platform charge to Linksmind for this service. They are not employees of Linksmind but operate as sole independent professionals offering their expertise either in person or online.

● Tutoring Partners are service providers delivering educational services to parents or guardians (consumers) under the purview of the Consumer Protection Act.

● Linksmind acts solely as an e-commerce aggregator, facilitating the connection between Tutoring Partners and students. Linksmind holds no direct responsibility for the quality, delivery, or outcome of the services provided by the Tutoring Partners to parents or students.

● All financial and service-related interactions are governed by the terms established between the Tutoring Partners and the parents, with Linksmind providing the technological framework for these connections.

● Eligibility and Registration: Only individuals who meet Linksmind's specific criteria for Tutoring Partners, including age, qualifications, work experience, and background checks, are eligible to register. By registering, you confirm that the information provided during the registration process is accurate, complete, and truthful. Linksmind reserves the right to reject or remove any registration that does not meet these standards or contains false information.

● Independent Contractors: All Tutoring Partners are considered independent contractors, not employees of Linksmind. This relationship means that Linksmind is only a facilitator for connecting tutors with students and does not assume responsibility for the quality of tutoring services provided by the tutors. Disputes arising between Tutoring Partners and parents, including payment or service-related issues, must be resolved directly between the involved parties.

2. Tutoring Partners are permitted to provide demo classes to the students by using the platform of Linksmind only after completing all the formalities, including KYC, profile creation on www.linksmind.com, and registering themselves as Tutoring Partners. The registration as a Tutoring Partner does not assure the Tutoring Partner to get students, as it depends on the free will of the students/parents to choose a Tutoring Partner profile from the platform of Linksmind as per their requirements.

● Profile Setup: Upon registering, you must complete your profile, which includes providing personal information, academic qualifications, teaching experience, and certifications. Verification of these details through a mandatory KYC (Know Your Customer) process is required to complete registration.
● Demo Classes: Demo classes must be conducted in line with Linksmind's guidelines, which include professionalism, adherence to the scheduled timings, and appropriate teaching methods. Failure to adhere to these guidelines may result in rejection or suspension of the Tutoring Partner’s profile.

3. Tutoring partners have to register themselves as the tutoring partner of Linksmind by paying an onboarding fee of ₹700/- only plus GST of 18% that is ₹826/- only which is non-refundable.

● Payment of Onboarding Fee: A mandatory onboarding fee of ₹700/- plus GST (total ₹826/-) is required to complete the registration process. This fee covers administrative expenses, profile verification, and onboarding procedures.
● Non-Refundable Fee: The onboarding fee is non-refundable under all circumstances, including if the Tutoring Partner decides to withdraw from the platform or is removed from the platform by Linksmind.
4. Tutor fees offered will be determined by the Tutoring Partner Fees Calculating Algorithm, considering factors such as the highest qualification, location, mode of teaching, and years of valid teaching experience. These fees can be negotiated with parents based on the customer's budget. Linksmind will deduct 20% + GST as a platform charge on each class fee if and only if the class fee earned by the tutoring partner. Tutoring partners are advised to avoid charging fees significantly higher than the prevailing market rates, as this may lead to the termination of tuition contracts and could negatively impact their ratings on the platform.

● Fee Calculation: Linksmind determines the fee structure for each tutoring session based on factors such as the subject being taught, teaching mode (online/offline), experience level, location, and market trends. This calculation is done using a transparent algorithm to ensure fairness in pricing.

● Fee Negotiation: Tutoring Partners may negotiate their fees, but they must adhere to the parameters set by Linksmind. Tutoring Partners can negotiate fees with parents after the first 5 hours. The first 5 hours in Linksmind are charged at ₹199.5/- per hour, equivalent to 399 Guru coins. After that, Tutoring Partners can negotiate and set their class rates through mutual discussion with parents. Once both parties agree on the budget, parents must submit a budget approval request in the Linksmind portal. Upon approval by Linksmind, the agreed-upon rates will be applied.If parents propose a fee lower than the Tutoring Partner's rate, the Tutoring Partner has the option to accept or decline the offer.

● Platform Commission: Linksmind will charge a 20% platform fee (plus applicable GST) on all tutoring fees .This fee is deducted from the total amount payable to the Tutoring Partner.

5. Tutors will receive payments for the number of classes they conduct. If the Tutoring Partner earns more than ₹30,000 annually in a financial year, they will be liable to pay TDS under Section 194J of the Income Tax Act. According to Section 194J of the Income Tax Act, any person (other than an individual or a Hindu Undivided Family) making payment to a resident for professional or technical services must deduct TDS at the applicable rate of 10%. If the Tutoring Partner does not provide their PAN to the deductor, the TDS rate under Section 194J will be 20%.

● TDS Deduction: As per Section 194J of the Income Tax Act, Linksmind will deduct TDS at a rate of 10% (or 20% in case of missing PAN details) from the total fees paid to the Tutoring Partner if their annual income exceeds ₹30,000.
● TDS Certificates: At the end of each financial year, Linksmind will provide TDS certificates to Tutoring Partners detailing the total TDS deducted.

6. Tutoring Partners are required to initiate a withdrawal request for Guru Coins through the Linksmind platform to receive payment. An invoice will be automatically generated when the withdrawal request is submitted. The amount will be disbursed based on the tuition order issued by Linksmind on behalf of the parents and as per the number of sessions completed, tracked, and approved by Linksmind’s attendance system. Parents are required to pre-load their tutoring wallet balance before starting classes. Under no circumstances should Tutoring Partners engage in any direct financial transactions of any kind with parents, guardians, or students. All payments and invoices will be processed exclusively through Linksmind.

● Invoice Requirement: An invoice will be auto-generated when Tutoring Partners request a withdrawal. This invoice will reflect the full amount based on the accumulated Guru Coins for services rendered.

● Payment Schedule: Payments will be made after Linksmind verifies that the tutoring services were completed satisfactorily. This verification is based on attendance records and feedback from the parents.

● Payment Delays: Payments may be delayed if parents have not added sufficient funds to their account, if there are disputes, or if the Tutoring Partner fails to meet verification or documentation requirements.

● Payment Methods: All payments will be processed electronically and deposited directly into the Tutoring Partner's registered bank account.

● Linksmind has developed a digital wallet system that operates using Guru Coins. Two Guru Coins are equivalent to one INR. Though Guru Coins are not a form of currency, they are part of the wallet system. Tutoring Partners need to schedule classes, update parents about the schedule, and mark attendance within the scheduled time. This attendance must be approved by parents for Guru Coins to be deducted from the parents' wallet and credited to the Tutoring Partner.

● Once Tutoring Partners accumulate at least 5000 Guru Coins, they can submit a withdrawal request. 2000 Guru Coins will be stored as a security deposit, and the remaining coins will be converted to INR and credited to the Tutoring Partner's bank account deducting 20% Platform charge plus GST. Payment processing may take around 7 working days

7. Tutorial Information that the Tutoring Partner uploads on the website (www.linksmind.com) is true to their knowledge and utmost good faith.

8. Any verbal or written content created by the Tutoring Partner during teaching other than CONTENTS PREDEFINED BY COMPANY, is the sole personal property of the Tutoring Partner and the company will never claim any rights over such contents.

● Tutor Content Ownership: Any teaching materials or content created by the Tutoring Partner during their sessions, including lesson plans, notes, presentations, or other original work, remain the intellectual property of the Tutoring Partner. Linksmind does not claim ownership over this content.
● Linksmind Content Usage: Linksmind reserves the right to use any content created by the Tutoring Partner for promotional or marketing purposes, provided that prior written consent is obtained from the Tutoring Partner.

9. If a Tutoring Partner abuses the student physically or verbally or in any other manner, the company will terminate the Tutoring Partner on the ground of such misconduct, and strict legal actions will be taken against them. This kind of act will be considered a breach of the agreement.

● Professional Conduct: Tutoring Partners must maintain a high standard of professionalism while engaging with students, parents, and Linksmind. Any form of misconduct, including harassment, fraud, or unethical behavior, will result in immediate account suspension or termination.
● Reporting Misconduct: Parents or other Tutoring Partners can report any misconduct or issues regarding a Tutoring Partner’s service. Linksmind will investigate all complaints and take appropriate action, which may include account deactivation or legal proceedings.

10. If a Tutoring Partner is blocked from the platform of Linksmind for low rating, providing below standard demo classes, or violating the terms and conditions of the company, their services with the company will be discontinued by the company and it could be opened only by paying the penalty charges decided by the company.

● Conditions for Termination: If a Tutoring Partner receives two or more complaints regarding poor service, failure to attend sessions, or inappropriate behavior, their account may be suspended or permanently terminated by Linksmind.
● Appeals Process: In case of termination or suspension, the Tutoring Partner has the right to appeal Linksmind's decision within 7 days. Linksmind reserves the right to accept or reject appeals as deemed appropriate.

11. Tutoring Partners will receive a Tuition Request from Parents based on the maximum rate per session specified by the parents and the wallet balance pre-loaded by them with Linksmind. Once a Tutoring Partner accepts the tuition request and becomes obligated to provide tutoring services to the parents as per the agreed terms.. If a Tutoring Partner rejects the Tuition Request after initially accepting it, Linksmind will impose a Tuition Cancellation Charge on the Tutoring Partner, which they will be liable to pay.

● Tuition Request Acceptance: After receiving a tuition request, the Tutoring Partner has 24 hours to accept or decline the offer. Once accepted, the request is considered confirmed, and the Tutoring Partner is obligated to provide the tutoring services as agreed.
● Tuition request Continuation: After the initial Tuition request is accepted, the Tutoring Partner will continue to receiveTuition requests for subsequent sessions unless the parents cancel the tuition contract. These Tuition requests will automatically continue, subject to successful completion of previous sessions.
● Contract Cancellations: If the parents cancel a tuition contract after the Tuition request has been confirmed, the Tutoring Partner will be compensated for the completed sessions, but a cancellation fee will apply.

● Linksmind Tutoring Partner Policy for Tuition request Tutoring partners will receiveTuition request from parents digitally in the Tuition Request segment of Tutoring partners profile mentioning rates location etc. Unless accepted tutoring partners will not be able to schedule class and mark attendance

● Acceptance of Tuition request: Upon acceptance of the Tuition request the tutoring partner commits to the terms outlined in the Tuition request, which includes the number of sessions and agreed-upon fees.
● Cancellation by Parents: If the tuition contract is canceled by the parents, the Tuition request will not be processed further. The tutoring partner will be notified of the cancellation, and no further sessions will be scheduled for that student unless a new agreement is reached.

● Rate Revisions: If there is any revision of rates for a particular student, a new Tuition request will be generated and must be accepted by the tutoring partner

12. Tutoring Partners will be eligible to raise an invoice via Linksmind to the parents in order to collect payments from the Teacher Wallets funded by the parents only after the completion of the Tuition request

13. In the event of medical, matrimonial, maternity, or severe health issues, tutoring partners must submit a leave request to the parents. If a tutoring partner halts classes without informing the parents, the number of session fees due will be paid to the tutoring partner from the teacher's wallet provided by the parents, after deducting the tuition cancellation charge by Linksmind.

● Leave Requests: If a Tutoring Partner needs to take a leave, they must inform the parents at least 48 hours before the scheduled session. Failure to notify in advance will result in penalties.

14. Policy on Tuition Assignments and Cancellations - If a tuition assignment does not last for 12 months or one academic year (whichever is shorter), or if the Tutoring Partner leaves the tuition within 12 months or one academic season, or if the Parents remove the Tutoring Partner, terminate the tuition, or decide not to renew the sessions within this period, the following conditions will apply:

● Termination by Parents: If the Parents terminate the tuition, remove the Tutoring Partner, or decide not to renew the sessions within 12 months or one academic year, the Tutoring Partner will be liable to pay cancellation charges.

● Tutoring Partner-Initiated Termination: If the Tutoring Partner accepts a tuition assignment but fails to complete the agreed-upon term (12 months or one academic year), they will be liable to pay Tuition Cancellation Charges.

● Deduction from Wallet: Any outstanding dues owed to the Tutoring Partner will be adjusted against the Tuition Cancellation Charges. The number of session fees due will be paid to the tutoring partner from the teacher's wallet provided by the parents, after deducting the tuition cancellation charge by Linksmind.

15. Policy on Relocation or Shifting:
● Notice Requirement: In case of relocation or shifting to another place, the Tutoring Partner must provide a 15-day prior notice to the Parents via Linksmind.

● Document Submission: The Tutoring Partner must submit all necessary documents to support the relocation or shifting, such as travel tickets or other relevant proof, along with the leave application.
● Non-Compliance: Failure to provide the required notice or documents will result in the Tutoring Partner being liable to pay the Tuition Cancellation Charge to Linksmind.

16. Policy on Removal by Parents

● Parent-Initiated Removal: If a Tutoring Partner is removed by parents from ongoing tuition assignments within 12 months or one academic season on more than one occasion without a valid reason, the following actions will be taken:
● Maximum Limit: A maximum of three such cases in the Tutoring Partner's entire lifetime on the platform will result in permanent blockage from Linksmind.
● Consequences: For each instance of removal, the Tutoring Partner will be liable to pay the Tuition Cancellation Charge plus an additional penalty imposed by the company.

17. Policy on Unauthorized Leave by Tutoring Partners
● Unauthorized Leave: If a Tutoring Partner takes leave without reasonable grounds and fails to provide prior information or notice for four consecutive weeks, they will be subject to termination from the platform.
● Platform Removal and Replacement: The Tutoring Partner may be removed from the Linksmind platform, and a replacement tutor will be assigned to the parents to ensure continuity of service.
● Tuition Cancellation Charge: In such cases, the Tutoring Partner will be liable to pay the Tuition Cancellation Charge as imposed by Linksmind. The number of session fees due will be paid to the tutoring partner from the teacher's wallet provided by the parents, after deducting the tuition cancellation charge by Linksmind.
18. Policy on Discontinuation of Services by Tutoring Partners
● Notice Requirement: If a Tutoring Partner wishes to discontinue their services, they must provide a prior notice of 15 days to the parents via Linksmind.

● Reasons for Submitting Notice:
● Employment Opportunity: If the notice is due to an employment opportunity with another company, the tutoring partner must provide a copy of the offer letter from the prospective employer.
● Marriage: If the notice is related to marriage, relevant supporting documents, such as the wedding invitation or marriage registration proof, must be provided.

● Medical Emergency: If a medical emergency is cited as the reason, the tutoring partner must submit relevant documents, including a doctor’s prescription and hospital reports, to substantiate the claim.

● Relocation: For relocation to a new place, supporting documents such as a rent agreement or any proof of new residence must be provided.

● Academic Pursuits: If the notice is due to academic reasons, an admission letter from the institute must be provided. Only admission to offline institutions will be accepted as a valid reason.

● Non-Compliance: Failure to provide the required notice will result in the Tuition Cancellation Charge being deducted from the Tutoring Partner's fees. Additional penalties may also be imposed by the company. The number of session fees due will be paid to the tutoring partner from the teacher's wallet provided by the parents, after deducting the tuition cancellation charge by Linksmind.

● Payment Release: The company will release the due payments to the Tutoring Partner from the Teacher Wallet of the parents within 45 working days, subject to the following conditions:
★ Receipt of the prior notice of 15 days.
★ Submission of a pay request.
★ Submission of a full and final settlement request.
★ Submission of a self-declaration form, duly signed by the Tutoring Partner.
★ No Tuition Cancellation Charge will be imposed in this case.
★ Final Settlement: All dues will be settled only after the above conditions are fulfilled to ensure proper compliance and service continuity for the parents.

● All payments will be processed electronically and deposited directly into the Tutoring Partner's registered bank account.

19. Policy on Payment Release for Tuition Request
● Once Tutoring Partners accumulate at least 5000 Guru Coins for a particular student, they can submit a withdrawal request. 2000 Guru Coins will be stored as a security deposit, and the remaining coins will be converted to INR and credited to the Tutoring Partner's bank account. Payment processing may take around 7 working days. 20% Platform charge plus GST will be deducted from Tutoring Partner

20. Eligibility for Payment Release Without Completion of Tuition Request

● Payment can be released to tutoring partners even if a Tuition Request has not been completed, under the following conditions:
● The tutoring partner has decided to discontinue or has not attended the tuition for at least 4 consecutive weeks, excluding any approved leave taken by the parents.
● The payment will be calculated based on the number of sessions the tutoring partner has attended, as per the Linksmind attendance system.

● Deduction of Tuition Cancellation Charges:In cases where the tutoring partner has not attended the tuition for the specified duration, tuition cancellation charges will be deducted from the amount due to the tutoring partner. The number of session fees due will be paid to the tutoring partner from the teacher's wallet provided by the parents, after deducting the tuition cancellation charge by Linksmind.

● Invoice Generation:Linksmind will automatically raise invoices to the parents on behalf of the tutoring partner for the number of sessions completed, as per the attendance records.

● Final Payment Release:Once the conditions are met, payment will be processed accordingly and released after the necessary deductions. The number of session fees due will be paid to the tutoring partner from the teacher's wallet provided by the parents, after deducting the tuition cancellation charge by Linksmind.

● Tutoring Partner Attendance: The Tutoring Partner has to mark their attendance for each class in the portal of the company as per the direction while attending the classes otherwise the attendance will not be considered.

● Leave Request for Emergency: If the Tutoring Partner wants to take any emergency leave or day off, he/she has to apply for the same by filling the leave request form 3 hours in advance before the scheduled time of the class.

21. Policy on Tuition Cancellation Charge
● Tuition Cancellation Charge Amount:A Tuition Cancellation Charge of ₹5,000/- will be applicable per tuition.This charge is solely the responsibility of the Tutoring Partners and must be paid by them.

● Non-Deduction from Parents' Wallet:Under no circumstances will the Tuition Cancellation Charge be deducted from the Teacher Wallet of the Parents.

● Deduction from Tutoring Partner's Payments:If the Tuition Cancellation Charge is not paid directly by the Tutoring Partner, Linksmind will deduct the charge during the withdrawal process from payments due to the Tutoring Partner.

● Compliance Requirement:Tutoring Partners are expected to adhere to this policy to maintain the integrity of the service and ensure smooth operations.

22. Tuition Renewal Benefits

● Eligibility for Renewal Benefits:Tutoring Partners who perform exceptionally and successfully win back renewals from parents will be eligible for renewal benefits from the company.
● Payment Source:These benefits and rewards are provided by Linksmind and will not be drawn from the Teacher Wallet of the parents.
23. Invoice Policy for Tutoring Partners to Parents via Linksmind

● Invoices Raised by Tutoring Partners:
● Invoices raised by tutoring partners to parents via Linksmind must not contain any deduction components.
● No deductions are made from the teacher’s wallet by either the tutoring partners or Linksmind.

24. Platform Charge and GST:
● Linksmind deducts a 20% platform charge plus GST while releasing the amount to the tutoring partner’s bank account.

● GST invoices for these charges are provided to the tutoring partner at the time of payment release.

● Invoice Details:The invoice issued to the parents by the tutoring partner will reflect the total tuition amount without any deductions.

● The tutoring partner’s earnings after deduction of the platform charge and GST will be processed separately by Linksmind.

● Invoice Format: Invoices generated by the Tutoring Partner must accurately reflect the agreed-upon rates with the parents, excluding Linksmind's platform commission. Linksmind will automatically deduct the platform commission of 20% (plus GST) from the total amount payable to the Tutoring Partner.

● GST Compliance: Linksmind will issue GST-compliant invoices for all platform fees and service charges.

● Tutoring Partners must ensure that their GST details are up-to-date in their profile to comply with tax regulations.

25. GST Invoice Policy for Tutoring Partners

● GST Invoices for Platform Charges:Tutoring partners will receive GST invoices for any platform charges incurred through the Linksmind platform.
● These invoices will be raised periodically, reflecting the platform charges as applicable.
● GST Invoices for Tuition Cancellation Charges:Tutoring partners will also receive GST invoices for any tuition cancellation charges that are deducted as part of the payment release process.
● These invoices will detail the cancellation charges along with the applicable GST as per the prevailing tax rates.
● Issuance of Invoices:
The invoices for platform charges and tuition cancellation charges will be generated and sent to the tutoring partners in compliance with GST regulations.
These invoices will be sent promptly after the deduction of charges and will be available for review by the tutoring partner.
26. Right to Modify Terms and Conditions:
● Linksmind holds the right to change the terms and conditions from time to time, without the prior consent of the Tutoring Partners.
● Any changes to the terms and conditions will be communicated through appropriate channels, and it is the responsibility of the Tutoring Partners to stay informed of any updates.
27. In case of any breach of this agreement:
● The tutoring partners are liable to pay all the losses and damages including legal charges caused by him/her.
28. License
○ Subject to your compliance with these Terms, Linksmind grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:Access and use the Applications on your personal device solely in connection with your use of the Services.
○ Access and use any content, information, and related materials made available through the Services, solely for your personal, non-commercial use.
● All rights not expressly granted herein are reserved by Linksmind and its licensors.

29. Restrictions
You may not:
● Remove any copyright, trademark, or other proprietary notices from any portion of the Services.
● Reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, publicly display, perform, transmit, stream, or exploit the Services except as expressly permitted by Linksmind.
● Decompile, reverse engineer, or disassemble the Services except as permitted by applicable law.
● Link to, mirror, or frame any portion of the Services.
● Launch programs or scripts to scrape, index, survey, or data mine any portion of the Services or unduly burden their operation or functionality.
● Attempt to gain unauthorized access to or impair any aspect of the Services or related systems.

30. Provision of the Services
● The Services may be made available under Linksmind’s various initiatives or programs, including partnerships with Tutoring Partners. You acknowledge that these Services may also be offered in collaboration with independent third-party providers.

31. Third-Party Services and Content: The Services may include or link to third-party services or content, such as advertisements, which are beyond Linksmind’s control. Different terms of use and privacy policies may apply to such services or content. Linksmind does not endorse or accept responsibility for any third-party services or content.
● If you access the Services using mobile applications designed for platforms like Apple iOS, Android, Microsoft Windows, or others, you acknowledge that the respective platform providers are third-party beneficiaries to these Terms. However, they are not responsible for the provision or support of the Services.

32. Ownership
● The Services, along with all rights therein, remain the exclusive property of Linksmind or its licensors. These Terms do not grant you any rights:
● To the Services, except for the limited license outlined above.
● To use Linksmind’s company names, logos, product or service names, trademarks, or marks of its licensors.

33. User Accounts
● To access and use most aspects of the Services, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to create an Account. Account registration requires you to provide Linksmind with certain personal information, such as your name, address, contact details, and age, as well as a valid payment method (e.g., credit card or an accepted payment partner).
● You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so, including having an invalid or expired payment method, may result in your inability to access the Services or Linksmind’s termination of these Terms with you. You are responsible for all activity under your Account and must maintain the confidentiality of your username and password. Unless otherwise permitted in writing, you may only possess one Account.

34. User Requirements and Conduct: The Services are not available for use by individuals under the age of 18. You may not authorize third parties to use your Account, and you may not allow minors to use the Services unless they are under your supervision.
● You must comply with all applicable laws when using the Services and may only use them for lawful purposes (e.g., no submission of false information or unauthorized materials). You must not cause nuisance, annoyance, or inconvenience to other users, Tutoring Partners, or any third party.
● In certain instances, you may be required to provide proof of identity to access or use the Services. Linksmind reserves the right to deny access if you refuse to provide such proof.

35. Text Messaging
● By creating an Account, you consent to receiving text (SMS) messages as part of the Service’s operation. These messages may include notifications, updates, or promotional content. You may opt out of receiving text messages at any time by following the instructions provided. However, opting out may impact your ability to use certain features of the Services.

36. WhatsApp Messaging
● By creating an Account, you consent to receiving messages through WhatsApp as part of the Service’s operation. These messages may include notifications, updates, or promotional content. You may opt out of receiving WhatsApp messages by contacting Linksmind’s support team or following the opt-out instructions provided in the messages.
● You acknowledge that opting out of receiving WhatsApp messages may impact your ability to use certain features of the Services. Standard data rates from your mobile service provider may apply for receiving WhatsApp messages, and you are responsible for such charges.

37. Promotional Codes
● Linksmind may offer promotional codes (“Promo Codes”) that can be redeemed for credits, features, or benefits related to the Services. Promo Codes are subject to additional terms established by Linksmind. By using Promo Codes, you agree that:
1. Promo Codes must be used for their intended audience and purpose in a lawful manner.
2. Promo Codes cannot be duplicated, sold, or transferred without Linksmind’s consent.
3. Linksmind may disable Promo Codes at any time without liability.
4. Promo Codes are not valid for cash redemption.
5. Linksmind reserves the right to withhold or deduct credits or benefits if improper or unauthorized use of Promo Codes is detected.

38. User-Provided Content
● You may submit, upload, or provide content to Linksmind through the Services (“User Content”). While User Content remains your property, by providing it to Linksmind, you grant a worldwide, perpetual, royalty-free license for Linksmind to use, copy, modify, and distribute such content in connection with its Services and business operations.
● You represent and warrant that:
1. You own or have all necessary rights to the User Content.
2. Your User Content does not violate any third-party rights, including intellectual property rights or privacy laws.
● You must not provide User Content that is unlawful, defamatory, obscene, or otherwise offensive. Linksmind reserves the right to monitor or remove User Content at its discretion, without notice.

39. Network Access and Devices
● You are responsible for securing the network access required to use the Services. Your mobile carrier’s data and messaging rates may apply, and you are solely responsible for these charges.
● It is your responsibility to acquire and maintain compatible hardware or devices necessary to access the Services. Linksmind does not guarantee compatibility with all hardware or that the Services will be free from delays or malfunctions due to network conditions or technical limitations.

40. Disclaimers, Limitation of Liability, and Indemnity
● Disclaimer: The services provided are offered "as is" and "as available." Linksmind disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Linksmind does not guarantee the reliability, quality, safety, timeliness, or availability of its services or any goods or services requested through the platform. You agree that the risks associated with using the services, or any goods or services requested via the platform, rest solely with you, to the maximum extent permitted by applicable law.
● Limitation of Liability: Linksmind is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, data loss, personal injury, or property damage resulting from your use of the services. Linksmind is also not responsible for:
1. Issues arising from your inability to access or use the services.
2. Any relationship or transaction between you and third-party providers.
3. Delays or failures due to factors beyond Linksmind's control.
● Indemnity: You agree to indemnify and hold harmless Linksmind, its officers, directors, employees, and agents from any claims, demands, losses, liabilities, and expenses (including legal fees) arising from:
1. Your use of the services or goods obtained through the platform.
2. Your breach of the terms.
3. Linksmind’s use of any content provided by you.
4. Your violation of third-party rights, including those of service providers.

41. Guidelines for Law Enforcement
1. Legal Requests: Linksmind requires valid legal documentation (e.g., court orders or subpoenas) to disclose user or partner information.
2. Indian Law Compliance: Requests must comply with applicable Indian laws and Linksmind’s privacy policy.
3. Emergency Requests: In cases of immediate threats to life or safety, law enforcement may submit an emergency request to Linksmind.
4. (ARBITRATION)
If at any time any dispute shall arise between the parties hereto regarding the construction of interruption of any of the terms and conditions herein contained or touching these presents or determination of any liability of any of the parties under this Agreement, the same shall be referred to the Joint Arbitration to be selected by the parties herein and their Joint decision shall be deemed to be a reference within the meaning of the Indian Arbitration & Reconciliation Act, 1996 or any statutory enactment or modification there and the said Arbitrators will be nominated by each of the Parties. In case of differences with the reference of the Joint Arbitrators to be appointed by the respective Parties, the Joint Arbitrators will appoint a Presiding Officer and his decision is final and binding upon the respective Parties subject to modification or a fresh decision by the Court's of Law.

NOTE:
To register any kind of complaint and grievance please fill the form https://forms.gle/cr1Y2We2nQ2fMCuC6.
Complaints will be reviewed within [4] business days. You will be notified of the status of your grievance within this timeframe.

Customer Care