Linksmind Terms and Conditions

1. General Statement

It is true to our knowledge and belief that Eduresearch Linksmind LLP, defined by the brand name “Linksmind,” is a purely Internet-based platform providing services for learning various subjects to students in school, undergraduate programs, and entrance exams for graduation admission. These services are offered through verified and certified Tutoring Partners. The company identifies the needs of the child and provides services with a perfect mentor match. Additionally, Linksmind offers:

• Attendance System
• Notes Management
• Performance Management in the form of a dashboard with features like QMS Attendance.

Definition: Verified and Certified Tutoring Partners

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

2. Nature of Platform

Linksmind is an E-Commerce Tutor Aggregator Platform subject to the following Terms of Use (“Terms”). These Terms govern access to or use of applications, websites, content, products, and services (“Services”) offered by Linksmind, a business entity operating under Eduresearch Linksmind LLP, headquartered at Mayabazar Floor 1, Opposite CMS High School, BC Road, Burdwan, West Bengal.

3. Definitions and Roles

• Teacher/Tutor: Referred to as a Tutoring Partner, an independent professional who utilizes Linksmind to connect with students and provide tutoring services.
• Tutoring Partners: Service providers delivering educational services to parents or guardians (consumers) under the purview of the Consumer Protection Act.
• Platform Role: 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.
• Parent/Student: Users of the platform seeking tutoring services. Parents are responsible for all obligations arising out of their use of the platform on behalf of their wards.
• Teacher Wallet: A digital wallet system within Linksmind used for financial transactions between parents and tutoring partners.
• Demo Class: A trial session provided to parents/students to evaluate a tutor’s teaching approach.
• Work Order: A formal contract that initiates the tutoring arrangement between parents and tutoring partners.

4. Financial and Service Responsibilities

• Tutoring Partners pay a platform charge to Linksmind for utilizing its services.
• Tutoring Partners are independent contractors and not employees of Linksmind.
• All financial and service-related interactions are governed by the terms established between the Tutoring Partners and parents, with Linksmind providing the technological framework for these connections.

Dispute Resolution

Disputes between Tutoring Partners and parents, including payment or service-related issues, must be resolved directly between the involved parties. Linksmind does not mediate such disputes.

5. Independent Contractor Status

All Tutoring Partners are considered independent contractors, not employees of Linksmind. This classification ensures:

• Linksmind’s role is limited to facilitating connections between tutors and students.
• Linksmind does not assume responsibility for the quality of tutoring services provided by the tutors.

6. Consumer Protection Act Compliance

Tutoring Partners operate under the guidelines of the Consumer Protection Act when delivering educational services to parents or guardians (consumers).

7. Services Overview

Linksmind offers personalized, one-to-one (1-1) tutoring services through its innovative platform, creating a seamless connection between parents, students, and independent third-party tutors or institutions. The platform emphasizes individual attention, ensuring a tailored learning experience for each student. Classes may be conducted offline, depending on the tutor's location and availability; however, online classes are strongly recommended to avoid wallet cancellation or activation charges.

It is important to note that Linksmind serves solely as a technology platform and does not directly provide tutoring services. All educational services are delivered by independent third-party providers under agreement with Linksmind or its affiliates. These third-party providers operate independently and are not employed by Linksmind or its affiliates.

YOU ACKNOWLEDGE THAT LINKSMIND DOES NOT DIRECTLY PROVIDE TUTORING SERVICES AND DOES NOT FUNCTION AS A TUTORING PROVIDER. ALL TUTORING SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY TUTORS OR INSTITUTIONS WHO ARE NOT EMPLOYED BY LINKSMIND OR ANY OF ITS AFFILIATES.

7.1 Class Scheduling and Billing:

• The total number of classes may vary from the original admission mail as classes are billed by the tutor.
• Students/parents will receive an invoice for each class from the tutoring partner. The invoice will be sent by the tutoring partner via Linksmind and will contain detailed information about the services provided by the tutoring partner.
• If the tutoring partner requests an additional budget beyond the approved rate, the tutoring partner must obtain a signed budget approval form from the parents to authorize the release of the additional amount from the teacher wallet. Parents will receive prior notification regarding this via email from the company.

7.2 Wallet Management

• Depleted Balance: Classes will not be available if the teacher's wallet balance is depleted or zero.
• EMI Facility: Easy EMI payment options are provided for students/parents to conveniently manage payments.
• Closed Wallet System: Wallet amounts can only be used for services on the Linksmind platform. They cannot be used outside the platform, adhering to the closed wallet system guidelines set by the RBI.

7.3 Teacher Replacement Policy:

• Students are entitled to a teacher replacement within 7 working days, subject to the terms and conditions.

7.4 Platform Charges:

• The amount paid by parents includes platform charges and management service fees, such as mentor mapping charges.
• The remaining balance is credited to the teacher wallet and is used by the tutoring partner appointed by you to receive the amount after raising an invoice to you via Linksmind.

7.5 Billing and GST:

• GST invoices are available after payment of platform and management service charges.

7.6 Complaint and Grievance Redressal:

• For complaints or grievances, contact us via phone at 08062182467 or 08062178145 during working hours (10 AM to 4 PM). Alternatively, submit complaints via email using the following link: Complaint Form.

7.7 Demo Class and Introduction Video Policy

7.7.1 Subscription Demo Class:

• One demo class is provided as part of the subscription. This demo class is online and lasts 30 minutes.
• The purpose of the demo class is to give parents an understanding of how classes are conducted on the Linksmind platform, showcasing the tutor's teaching style, approach, and interaction.
• During the demo, parents cannot ask questions about the tutor’s location, qualifications, or any personal details. The focus is on the tutor’s teaching methodology.
• The demo class does not guarantee the same tutor for future sessions. If parents decide to proceed, Linksmind will try to keep the same tutor, but this is not assured.

7.7.2. Introduction Video for Tutor Replacement:

• If a replacement tutor is needed (due to unavailability or a request for a different tutor), parents can request an introduction video of the new tutor.
• The introduction video will provide a brief overview of the replacement tutor’s teaching style, approach, and relevant details to give parents a better understanding before proceeding.
• The introduction video will not include personal details such as the tutor’s qualifications or location, ensuring that the tutor's dignity is maintained.

7.7.3. No Additional Demo Classes for Subscriptions:

• After the initial demo class, no additional demo classes will be offered under the subscription.
• Parents can request the introduction video only if a tutor replacement is needed. This is the only opportunity for parents to review a tutor before the class.

7.7.4. Respect for Tutor's Dignity:

• Both the demo class and the introduction video maintain the dignity of the tutor by focusing on their professional teaching style and approach.
• Parents are not allowed to ask personal questions regarding the tutor’s background, qualifications, or location, as this may undermine the tutor’s dignity.

This policy ensures that parents have a chance to preview the tutor through the demo class or the introduction video (for replacements) while also respecting the tutor’s professionalism and personal boundaries.

7.8 Charges and Payment Facilitation

7.8.1 Platform Charge:

• This is the fee collected by Linksmind for providing the e-commerce platform, which includes services like access to the tutor marketplace, tutor management, payment processing, and overall platform maintenance.
• The platform charge is typically 30% of the teacher wallet amount, plus applicable GST, from the total subscription paid by the parent.

7.8.2 Teacher Wallet Amount:

• This is the amount paid directly to the tutor for their teaching services.
• After the platform charge is deducted, the remaining balance goes into the teacher wallet, which is the tutor’s earnings for conducting the lessons.

Summary of Subscription:

• Total Subscription Amount = Platform Charge (30% + GST) + Teacher Wallet Amount (the remaining amount paid to the tutor for the classes).

This e-commerce model ensures Linksmind can maintain and grow its platform while fairly compensating the tutors for their services.

7.8.3 Payment Facilitation:

• By using Linksmind’s services, you acknowledge that you may incur charges for tutoring services provided by Tutoring Partners ("Third Party Providers").
• Upon receiving these services, Linksmind will facilitate the payment of applicable charges on behalf of the Tutoring Partners, acting as their limited payment collection agent. Payments processed through Linksmind are considered equivalent to payments made directly to the Tutoring Partners.
• These charges, including any applicable fees, surcharges, taxes, or other costs as required by law, will be deducted from the Teacher Wallet of the parent. An invoice for the same will be provided by the Tutoring Partner.
• Payments are final and non-refundable unless otherwise determined by Linksmind. If your designated payment method is invalid or expired, Linksmind reserves the right to process payment using an alternate method available in your account.

7.8.4 Adjustment and Cancellation:

• Charges may be subject to adjustment based on requests from the Tutoring Partners or due to demand-based pricing.
• If you cancel a tutoring session request before the service begins, you may incur a cancellation fee as specified by Linksmind or the Tutoring Partner.

7.9 Tuition Offer & Work Order:

• By accepting the Terms of Use, parents authorize Linksmind to send a Tuition Offer to the Tutoring Partner on their behalf. The Tutoring Partner must accept the offer before starting the classes with the parent.
• Once the offer is accepted, Linksmind will then send a Work Order to the Tutoring Partner on behalf of the parent to formalize the tutoring arrangement and proceed with the classes.

8. Terms of Use Post Payment

Registration and Payment

1. All students must create a profile on www.linksmind.com.
2. After attending the demo class, students/parents must confirm the tuition and pay fees in advance as per the selected package and billing structure.

Attendance and Learning Materials

3. Students are required to mark their attendance after each class using the prescribed process.

4. Any curriculum, notes, pedagogy, or learning materials provided digitally by the company are strictly for self-learning purposes and must not be used for any other purpose.

5. Students must upload homework and assignments regularly through the Eduresearch Linksmind LLP portal.

Missed Classes and Cancellations

6. If the tutoring partner attends a scheduled class but the student does not, the session will be marked as a missed class, and no attendance will be recorded.

7. Students who miss classes for more than four consecutive weeks without valid grounds will have their tutoring partner's wallet locked. To unlock the wallet, a ₹5000/- activation charge must be paid. Additionally, a booking cancellation charge of ₹5000/- will be applied. Unless paid, this amount will be adjusted from the available wallet balance. Wallet balance cannot be refunded unless and until it meets the refund policies of the company.

8. Missed classes by students without reasonable justification will not be eligible for refunds; however, alternative services may be requested.

9. Students must notify their tutoring partner at least 4 hours in advance to cancel a class; otherwise, a cancellation charge may be applied.

Payment and Subscription Management

10. Parents must make payments that include Linksmind's platform charge and recharge the Tutoring Partner Wallet. Tutors can withdraw funds by raising invoices to parents through the Linksmind platform. Linksmind holds no liability for the amount charged by tutors.

11. For parents opting for EMI payments, a grace period of up to 7 days after the due date is allowed. If the payment is not completed within this period, the subscription will expire without any refund.

12. Extra classes may be availed by recharging the Tutoring Partner Wallet, subject to the availability of the tutoring partner.

13. Students may hire multiple teachers for each subject within an academic year as per their specific requirements.

Tutoring Partner Selection and Replacement

14. Students/parents can reject up to three teachers per academic year without providing valid reasons. Exceeding this limit will result in the termination of services without a refund.

15. Tutoring Partner appointments are subject to availability, location, calculated fees, teaching mode (online/offline), and medical leave.

16. Students are eligible for a tutoring partner replacement if the assigned tutoring partner fails to attend classes for two consecutive weeks.

17. Replacement teachers will be assigned within 10 working days and may conduct classes either online or offline.

Code of Conduct

18. Students and parents must treat teachers with respect and avoid any form of abuse, harassment, or disrespect—either mental or physical.

19. Parents requesting female teachers must submit government ID proof for verification.

9. License

Subject to your compliance with these Terms, Linksmind grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:

1. Access and use the Applications on your personal device solely in connection with your use of the Services.
2. 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.

Restrictions

You may not:

1. Remove any copyright, trademark, or other proprietary notices from any portion of the Services.
2. 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.
3. Decompile, reverse engineer, or disassemble the Services except as permitted by applicable law.
4. Link to, mirror, or frame any portion of the Services.
5. Launch programs or scripts to scrape, index, survey, or data mine any portion of the Services or unduly burden their operation or functionality.
6. Attempt to gain unauthorized access to or impair any aspect of the Services or related systems.

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.

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.

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:

1. To the Services, except for the limited license outlined above.
2. To use Linksmind’s company names, logos, product or service names, trademarks, or marks of its licensors.

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.