Terms and Conditions

1. Introduction
2. Changes to the Agreements
3. Our Services & Paid Subscriptions
4. Rights we grant you
5. User Obligations
6. Third Party Applications
7. User-Generated Content
8. Rights you grant us
9. User guidelines
10. Infringement and reporting User Content
11. Service limitations and modifications
12. TUTOR WIZARD Support Community
13. Customer support
14. Payments, cancellations, and cooling off
15. Term and termination
16. Limitation
17. Third party rights
18. Entire agreement
19. Severability and waiver
20. Assignment
21. Indemnification
22. Contact us

 

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and other terms referenced in this document carefully including our Privacy Policy, Disclaimer & Copyright documents.

 

1. Introduction

Thanks for choosing TUTOR WIZARD (“TUTOR WIZARD”, “we”, “us”, “our”). By signing up or otherwise using the “TUTOR WIZARD” service, websites, and relevant applications (together, the “TUTOR WIZARD Service” or “Service”), or accessing any content or material that is made available by TUTOR WIZARD through the Service (the “Content”) you are entering into a binding contract with the TUTOR WIZARD entity indicated at the bottom of this document. The TUTOR WIZARD Service also includes the TUTOR WIZARD Support Community as further described in the TUTOR WIZARD Support Community section.


The TUTOR WIZARD Service includes social and interactive features. Use of the TUTOR WIZARD Service relies on several technical requirements to function efficiently.


Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy, Disclaimer & Copyright documents, are referred to together as the “Agreements”.) You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the TUTOR WIZARD Service or consume any content.


Please read the Agreements carefully. They cover important information about TUTOR WIZARD Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, Usage Guidelines, payment and cancellation Policies, limitations of liability, privacy information and more.


Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information or by contacting us directly after sign up.


In order to use the TUTOR WIZARD Service and access the Content, you need to (1) be 18 or older, or have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to TUTOR WIZARD is true, accurate, and complete, and you agree to keep it that way at all times.

 

2. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Cancellation of the Service Section in the TUTOR WIZARD Web Application.

 

3. Our Services & Paid Subscriptions

Here’s some information about all the ways you can enjoy learning with TUTOR WIZARD.


TUTOR WIZARD provides streaming services offering a selection of Educational Videos, Interactive Activities, Presentations, Games and other content. The entire TUTOR WIZARD services require payment before you can access them. The TUTOR WIZARD services that may be accessed after payment are currently referred to as the “Subscribed Service” (together, the “Paid Subscriptions”). You can learn more about our services by visiting our website.


The Whole Service may not be available to all users. It is all depends on the school grade, subject you choose and the mode of curriculum. We will explain which services are available to you when you are signing up for the services.


The content and services of this TUTOR WIZARD Web Application are only available to registered users the right to use the content and services of the web application TUTOR WIZARD is on permission basis as per the terms and conditions contained herein. Except the usage of the content and services during the registered period, the registered users shall not have any right or title over the website or any of its contents.


TUTOR WIZARD currently provides users with access to a rich collection/compilation of online educational information and related resources etc. As a user of this site, you understand and agree that all the services provided are on the basis of as-it-is and TUTOR WIZARD assume no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this Application.


In order to access to TUTOR WIZARD online content and services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access devices.


If you cancel your subscription to the Paid Service, or if your subscription to the Paid Service is interrupted (for example, if you change your payment details), you may be able to re-subscribe any time during your study period but we are not fully guaranteeing you that your new account may have your previous details including Star Points, Badges you earned, Performance Review data as well as your student zone materials. TUTOR WIZARD does not hold any responsibility or liability for the loss of data or other relevant details in accordance with your account.


Note that the Paid Subscriptions may be discontinued in the future, in which case you will no longer be charged for the Service.


3.1 Free Trials

Your TUTOR WIZARD membership may start with a free trial. The free trial period of your membership lasts for two weeks, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. During a free trial period not all services may be available to the user until they become a paid subscriber.


Free trial eligibility is determined by TUTOR WIZARD at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent TUTOR WIZARD membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent TUTOR WIZARD membership to determine eligibility. For combinations with other offers, restrictions may apply.


For some Trials, we may require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge.

 

3.2. Gift Cards & Vouchers

Nonreturnable; not for resale – Notwithstanding anything contained in these Terms and Conditions, TUTOR WIZARD Gift Cards and eGift Cards (“TUTOR WIZARD Gift Cards”) are not returnable or refundable for cash. Resale of TUTOR WIZARD Gift Cards is strictly prohibited.

 

Liability – The balance on any Gift Card is solely the liability of Edickson Lanka (PVT) Ltd.

 

Not for promotional use – TUTOR WIZARD Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you are ordering more than 200 cards, please email giftcards@tutorwizard.lk and an associate will contact you by the next business day, or call us at 0112 577 587, Monday-Friday during our office hours, 9 a.m. – 6 p.m.

 

No affiliation with TUTOR WIZARD – Use of TUTOR WIZARD’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of TUTOR WIZARD Gift Cards is strictly prohibited. Furthermore, the use of TUTOR WIZARD Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, TUTOR WIZARD or any of its subsidiaries or affiliates is prohibited.

 

Lost or Stolen Gift Card – We are not responsible if any Gift Card is lost, stolen, or destroyed, or any Gift Card is used without your permission. Lost or stolen, damaged cards will not be replaced. Neither TUTOR WIZARD nor our Corporate Partners in Sri Lanka shall have liability to you for (i) lost or stolen TUTOR WIZARD Gift Cards or (ii) use of any TUTOR WIZARD Gift Cards by third parties through your TUTOR WIZARD account. You are solely responsible for keeping the Gift Card Pin No & password for your TW account safe and for any activity conducted under your account.

 

TUTOR WIZARD Gift Cards Do Expire – TUTOR WIZARD Gift Cards do expire depending on the batch of purchase. The expiry date for each gift card is stated as such on the card.

 

No Service fees – No Service fees are charged in connection with these gift cards. When you purchase, receive, or apply a Gift Card to your account

 

Compliance with laws – By purchasing TUTOR WIZARD Gift Cards, you are certifying and representing to TUTOR WIZARD that the activities in connection with which the TUTOR WIZARD Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the TUTOR WIZARD Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or TUTOR WIZARD. In addition, you agree to defend and indemnify Edickson Lanka (PVT) LTD. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the TUTOR WIZARD Gift Cards or violation of any of these Terms and Conditions.

 

Governing Law – When you purchase, receive, or redeem a TUTOR WIZARD Gift Card, you agree that the laws of the Democratic Socialist Republic of Sri Lanka shall govern these Terms and Conditions, without regard to principles of conflict of laws.

 

Use of TUTOR WIZARD Gift Card in Violation of these Terms and Conditions – We reserve the right to void Gift Cards, close customer accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a TUTOR WIZARD account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

 

4. Rights We Grant You

The TUTOR WIZARD Service and the Content are the property of TUTOR WIZARD. We grant you a limited, non-exclusive, revocable License to make use of the TUTOR WIZARD Service, and a limited, non-exclusive, revocable License to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or TUTOR WIZARD. You promise and agree that you are using the Content for your own personal, non-commercial, educational use and that you will not redistribute or transfer the TUTOR WIZARD Service or the Content.


The TUTOR WIZARD web applications and the Content are licensed, not sold, to you, and TUTOR WIZARD and its licensors retain ownership of all copies of the TUTOR WIZARD web applications and Content even after installation/uses on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).


All TUTOR WIZARD trademarks, service marks, trade names, logos, domain names, and any other features of the TUTOR WIZARD brand (“TUTOR WIZARD Brand Features”) are the sole property of TUTOR WIZARD or its licensors (“TUTOR WIZARD”). The Agreements do not grant you any rights to use any TUTOR WIZARD Brand Features whether for commercial or non-commercial use.


You agree to abide by our User guidelines Section No: 9 and not to use the TUTOR WIZARD Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, TUTOR WIZARD grants no right, title, or interest to you in the TUTOR WIZARD Service or Content.

 

Third party software (or any other open source software libraries) included in the TUTOR WIZARD Service are licensed to you either under the Agreements or under the relevant third party software library’s License terms as published in the help or settings section of our desktop and mobile client and/or on our website.

 

5. User Obligations

In consideration of your use of the services, you agree to: provide correct, precise, up to date and complete information about yourself as required by the service’s registration form wherever necessary; and maintain and promptly update the registration data to keep it true, accurate, current and complete; you may be contacted by TUTOR WIZARD through email/telephone/SMS; you may receive informative or promotional messages and details about TUTORWIZARD product, offers, events, updates of software and content and any communication regarding your activity on our products.


This web application is intended solely for students who are 6 years of age or older. Any registration by, use of or access to the website by anyone under 6 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the website, you represent and warrant that you are 6 or older and that you agree to and to abide by all of the terms and conditions.


If you provide any information that is untrue, inaccurate, not up to date or incomplete, or TUTOR WIZARD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TUTOR WIZARD has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).


If you are directly subscribing as a user of this web application, you represent and warrant that you are at least 18 years of age and that you possess the legal right and capacity to use the services of Tutor Wizard in accordance with the stated terms and usage policies. In cases, where a minor below the age of 18 years of age, wants to use this web application, such a user shall duly register himself through his mother/father and natural guardian and such a mother/father and natural guardian hereby agree to accordingly register and supervise usage by, and be responsible for the action of any such minors who use the computer and/or password to access the TUTOR WIZARD. The mother/father and natural guardian shall enter into this agreement on behalf of such minor, and bind himself/herself in accordance with all terms and conditions herein.

 

6. Third Party Applications

The TUTOR WIZARD Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that TUTOR WIZARD does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

 

7. User-Generated Content

TUTOR WIZARD users may post, add, upload and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, articles, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the TUTOR WIZARD Support Community as well as any other part of the TUTOR WIZARD Service.


You promise that, with respect to any User Content you post on TUTOR WIZARD, (1) you have the right to post such User Content, and (2) such User Content, or its use by TUTOR WIZARD as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by TUTOR WIZARD or any author/creator, company, label, entity or individual without express written consent from such individual or entity.


TUTOR WIZARD may, but has no obligation to, monitor, review, or edit User Content. In all cases, TUTOR WIZARD reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in TUTOR WIZARD’s sole discretion, violates the Agreements. TUTOR WIZARD may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.


You are solely responsible for all User Content that you post. TUTOR WIZARD is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against TUTOR WIZARD related to user content that you post, then, to the extent permissible under local law, you will indemnify and hold TUTOR WIZARD harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claims.

 

8. Rights You Grant Us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the TUTOR WIZARD Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the TUTOR WIZARD Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to TUTOR WIZARD (e.g. Third Party Videos) may contain advertising as part of the Content. In such cases, TUTOR WIZARD will make such Content available to you unmodified.


If you provide feedback, ideas or suggestions to TUTOR WIZARD in connection with the TUTOR WIZARD Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize TUTOR WIZARD to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

 

You grant TUTOR WIZARD a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide License to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

 

9. User Guidelines

TUTOR WIZARD respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure TUTOR WIZARD stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.


The following is not permitted for any reason whatsoever:


Copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the TUTOR WIZARD Service or the Content, or otherwise making any use of the TUTOR WIZARD Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the TUTOR WIZARD Service or the Content or any part of it;


Using the TUTOR WIZARD Service to import or copy any local files you do not have the legal right to import or copy in this way;


Transferring copies of cached Content from an authorized Device to any other Device via any means; Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the TUTOR WIZARD Service, Content or any part thereof unless permitted by applicable law; Circumventing any technology used by TUTOR WIZARD its licensors, or any third party to protect the Content or the Service;


Selling, renting, sublicensing or leasing of any part of the TUTOR WIZARD Service or the Content; Circumventing any territorial restrictions applied by TUTOR WIZARD or it licensors; Artificially increasing or manipulating the Services by using a script or other automated process; Increasing or manipulating the Services by purposefully misusing portal attributes to cause unnecessary issues


Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the TUTOR WIZARD Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);


Providing your password to any other person or using any other person’s username and password;“Crawling” the TUTOR WIZARD Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from TUTOR WIZARD;


Selling a user account or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on a user account.


Please respect TUTOR WIZARD, the owners of the Content, and other users of the TUTOR WIZARD Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of TUTOR WIZARD or a third party;


Includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;


Includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;


Is intended to or does harass or bully other users;


Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

 

Uses automated means to artificially promote content;


Involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the TUTOR WIZARD inbox;


Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes that are not expressly authorized by TUTOR WIZARD;


Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by TUTOR WIZARD;


Interferes with or in any way disrupts the TUTOR WIZARD Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or TUTOR WIZARD’s computer systems, network, usage rules, or any of TUTOR WIZARD’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by TUTOR WIZARD.


You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your TUTOR WIZARD account. You also agree that TUTOR WIZARD may also reclaim your username for any reason.


Please be thoughtful about how you use the TUTOR WIZARD Service and what you share. The TUTOR WIZARD Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on TUTOR WIZARD or across the web, so please use TUTOR WIZARD carefully and be mindful of your account settings. TUTOR WIZARD has no responsibility for your choices to post material on the Service.


Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.


Tutor Wizard reserves the right, in its sole discretion, to terminate or refuse all or part of its services, for any reason without notice to you.

 

10. Infringement and Reporting User Content

TUTOR WIZARD respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see TUTOR WIZARD’s copyright policy. If TUTOR WIZARD is notified by a copyright holder that any Content infringes a copyright, TUTOR WIZARD may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to TUTOR WIZARD with a request to restore the removed content.


If you believe that any Content does not comply with the User guidelines, please fill out our Feedback form

 

11. Service Limitations and Modifications

TUTOR WIZARD will make reasonable efforts to keep the TUTOR WIZARD Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, TUTOR WIZARD reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the TUTOR WIZARD Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the TUTOR WIZARD Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that TUTOR WIZARD permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), TUTOR WIZARD will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that TUTOR WIZARD has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. TUTOR WIZARD and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

 

12. TUTOR WIZARD Support Community

The TUTOR WIZARD Support Community is a place for discussions and exchange of information, tips, and other materials related to the TUTOR WIZARD Service. In order to use the TUTOR WIZARD Support Community, you must (1) have an existing TUTOR WIZARD account; and (2) authenticate your TUTOR WIZARD account for use on the Support Community (a “TUTOR WIZARD Support Account”). Instructions for creating a TUTOR WIZARD Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the TUTOR WIZARD user guidelines that stated in these terms when using the TUTOR WIZARD Support Community. If you do not agree to the Agreements or the Support Community Guidelines, you may not use the TUTOR WIZARD Support Community.

 

12.1. TUTOR WIZARD Support Accounts

By creating a TUTOR WIZARD Support Account, you confirm that any registration information that you submit to TUTOR WIZARD is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a TUTOR WIZARD employee or moderator or to otherwise pose as such an employee or moderator when using the TUTOR WIZARD Support Community. You also acknowledge and agree that TUTOR WIZARD may remove or reclaim your username at any time if TUTOR WIZARD in its absolute discretion considers such action appropriate.

 

12.2. No Official Support

No User Content or other content posted by TUTOR WIZARD employees, moderators and/or representatives on the TUTOR WIZARD Support Community should be construed as official support provided by TUTOR WIZARD. For details regarding official support, please see the ways to Contact Us. Any content provided or made available to you on the TUTOR WIZARD Support Community by TUTOR WIZARD employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.

 

You acknowledge that opinions expressed in User Content on the TUTOR WIZARD Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of TUTOR WIZARD or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.

 

13. Customer Support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact our customer service department using the details provided on the Contact Us section of our website or message section in the web portal. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

 

14. Payments, Cancellations & Refunds

Subscriptions can be purchased either by (1) paying a monthly subscription fee (“Monthly Period”); or (2) paying a termly fee of three payments spread over 12 months (“Termly Period”); or (3) paying an annual fee upfront for full access for 12 months (“Annual Period”).


When you register with a Monthly, Termly or Annual Period Subscription you consent to get access to TUTOR WIZARD services. Tutor Wizard will activate your account for your usage at the earliest possible opportunity. Please ensure that any registration information (mainly billing details) that you submit to TUTOR WIZARD is true, accurate, and complete and that you will update such information in order to keep it current. If not, it will may expand the activation time due to the data verification process (where applicable)

 

Monthly & Termly Period payment terms to TUTOR WIZARD will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your user account before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your monthly or termly payment and/or terminate any of the Agreements (1) after you have accessed TUTOR WIZARD Service, or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. Tutor Wizard will suspend any user account that has an overdue balance for 5 days or more over the set payment dates agreed on sign up for monthly and termly payment terms.


Annual payment terms to TUTOR WIZARD will give the user access for the specific time period permitted which once completed will automatically terminate the subscription of the user. Termly & Annual users can update to a new subscription during or after the subscribed time period. If updating to a higher cost subscription financial shortfall will be met by the customer before continued use of the user account. Customers wishing to cancel a termly or annual subscription and receive a refund must e-mail us with the request within 30 days of the initial purchase. Once the 30 days has passed Tutor Wizard reserve the right to cancel and refund users as they see fit from determining individual cases.
TUTOR WIZARD will not be held liable for any loss of user information including star points in the event of delayed payment or if the account is suspended or cancelled. If you reside outside of Sri Lanka and register for a Paid Subscription accidentally you may receive a full refund of all monies paid to Tutor Wizard within 14 days (excluding any charges)


TUTOR WIZARD may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), and will communicate any price changes to you in advance. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the TUTOR WIZARD Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the TUTOR WIZARD Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

 

15. Term and Termination

The Agreements will continue to apply to you until terminated by either you or TUTOR WIZARD. However, you acknowledge and agree that the perpetual License granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. TUTOR WIZARD may terminate the Agreements or suspend your access to the TUTOR WIZARD Service at any time, including in the event of your actual or suspected unauthorised use of the TUTOR WIZARD Service and/or Content, or non-compliance with the Agreements. If you or TUTOR WIZARD terminate the Agreements, or if TUTOR WIZARD suspends your access to the TUTOR WIZARD Service, you agree that TUTOR WIZARD shall have no liability or responsibility to you and TUTOR WIZARD will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your TUTOR WIZARD account, please contact us through the Customer Service contact form which is available on our Contact Us page or Cancel Your Subscription section in your user account. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, and 21 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

 

16. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the TUTOR WIZARD service is to uninstall any TUTOR WIZARD application and to stop using the TUTOR WIZARD service. While TUTOR WIZARD accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to tutor wizard, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.


To the fullest extent permitted by law, in no event will tutor wizard, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the TUTOR WIZARD service, third party applications, or third party application content, regardless of legal theory, without regard to whether tutor wizard has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the TUTOR WIZARD service, third party applications, or third party application content more than the amounts paid by you to TUTOR WIZARD during the prior twelve months in question, to the extent permissible by applicable law.


Nothing in the Agreements removes or limits TUTOR WIZARD’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

 

17. Third Party Rights

You acknowledge and agree that the owners of the Content are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and TUTOR WIZARD, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

 

If you have access the web application through safari App from the Apple, Inc. (“Apple”) or if you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and TUTOR WIZARD only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, Defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.

 

18. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and TUTOR WIZARD, the Agreements constitute all the terms and conditions agreed upon between you and TUTOR WIZARD and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.


Please note, however, that other aspects of your use of the TUTOR WIZARD Service may be governed by additional agreements. That could include, for example, access to the TUTOR WIZARD Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

 

19. Severability and Waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.


Any failure by TUTOR WIZARD or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive TUTOR WIZARD’s or the applicable third party beneficiary’s right to do so.

 

20. Assignment

TUTOR WIZARD may assign the Agreements or any part of them, and TUTOR WIZARD may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

 

21. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold TUTOR WIZARD harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the TUTOR WIZARD Service; and (4) your violation of any law or the rights of a third party.

 

22. Contact Us

If you have any questions concerning the TUTOR WIZARD Service or the Agreements, please contact TUTOR WIZARD customer service by visiting the Contact Us section of our website.

 

If you are a Sri Lankan resident, you may have the Agreements mailed to you electronically by sending a letter to TUTOR WIZARD, Attn: Legal Counsel, 365/2, R A De Mel Mawatha, Colombo – 03, Sri Lanka with your email address and a request for the Agreements.


Thank you for reading our Terms & Conditions.


Contracting entity:
TUTOR WIZARD
Edickson Lanka (PVT) LTD
365/2, R A De Mel Mawatha
Colombo, 03
Sri Lanka

© TUTOR WIZARD 2016.

Last Updated on 01st June 2017

 

We hope you enjoy TUTOR WIZARD!