Overview

Welcome to Phoenixtutorlive.com, your online learning center. The following Terms and Conditions of Service (T&C) govern the registration, subscription and use of the Phoenixtutor portal and all video content, services and classes (“products”). The Phoenixtutor Portal hereinafter referred to as “Portal” is owned and operated by Phoenixtutorlive.com with registered office at 13 / 1-501, 3rd Main Street, Madiwala Extn, Bangalore – 560 068, Karnataka, India (“Phoenixtutor”). By visiting our Portal and accessing content, you are using our Service and agree to be bound by the following rules, policies and procedures that may be published from time to time, including all additional T&C and policies referenced by Phoenixtutor; This T&C applies to all users of the site, including, but not limited to, users who are browsers, providers and / or contributors to the content.
Our products are offered subject to your acceptance without modification of all T&C contained in this document and all other operations on this site by Phoenixtutor Pvt Ltd.
Please read the terms and conditions below carefully before accessing or subscribing to our product. By using any part of this site and by registering on our portal, you agree to be bound by these Terms of Service. It is assumed that if you do not agree with this point of T&C, access to the website is prohibited. It is considered that if the terms of service below are considered offers, acceptance is expressly limited to the Terms of Service below;
Phoenixtutor has entered or may partner with service providers in other parts of the world to provide and provide their services. Please read the terms and conditions carefully before accessing the portal or subscribing to the product. By registering on the portal, you agree to be subject to T&C. You agree to review the terms and conditions periodically to ensure you are aware of changes to this agreement, which can be made at any time.
Each new feature, tool, product that is updated and added to the Portal must also be subject to the T&C.

General

After a paid subscription, we provide access to use a subscription product. This access is limited, revocable, non-exclusive, non-transferable, non-transferable and subject to the rights and obligations set forth in this T&C. This access is private and cannot be shared or exchanged with others
You may not copy, modify, transmit or distribute the Product or any other material available on the Portal in any way without the prior written permission of Phoenixtutor. You may not allow others to copy, use, modify, post, distribute, or in any way use the Products or other materials available on the Portal.
We provide material as is without warranty of any kind, either express or implied. Nor do we guarantee that the material is free from defects, including technical inaccuracies.
This agreement is the entire agreement between Phoenixtutor and you on this subject. If any part of this Agreement is held to be invalid or inoperable, it will be construed to reflect the original intent of the parties and the other part will remain in full force and effect.
One example, if either party waives the terms of this Agreement or any breach thereof, does not preclude such terms or subsequent breaches.
This Agreement shall be binding upon and apply to the interests of the parties, their successors and assigns.

Communication

By registering with Phoenixtutor, you also agree to receive communications from Phoenixtutor via voice, email or by posting a notice on our portal. This communication includes notifications about your account and is part of your relationship with us. You agree that any notice, agreement, disclosure or other communication we send to you electronically or by voice call will fulfill any legal communication requirements, including, but not limited to, that such communication is in writing.

Intellectual Property

All rights, ownership and interest in Intellectual Property Rights relating to the Products including copyrights, patents, trademarks, trade secrets, enhancements, developments, proprietary information, knowledge, processes, methods, business plans or models (including computer software and preparations) and design material) and all other intellectual property (whether or not registered) developed or created from time to time exclusively owned by Phoenixtutor.
Nothing you see or read on Products that can be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the trademarks of their respective owners and any unauthorized use is prohibited.
T&C does not transfer from Phoenixtutor to you, Phoenixtutor or any third party intellectual property, and all rights, ownership and interests in and to the property will remain (as between the parties) solely with Phoenixtutor. Phoenixtutor video lectures, learning materials, logos, trademarks, service marks used in connection with the portal are Phoenixtutor’s properties. Other trademarks, service marks, graphics, and logos used in connection with the portal may be trademarks of other third parties.
Copyright in the material contained in the course, along with design, text, and graphics, and all compilation of software owned by Phoenixtutor. All rights reserved. None of this material, including video classes subscribed by customers, can be copied, stored on any device, shared with third parties, reproduced, or redistributed.
If you download course material from the portal, all material and data are deemed licensed to you by Phoenixtutor for personal and non-commercial use during the period of validity of the subscription only. Phoenixtutor does not transfer title or intellectual property rights from the course and Phoenixtutor retains full and complete titles for the course and all intellectual property rights in it. You may not sell, redistribute, or reproduce or convert any material.

User Data Protection

The data provided by users during registration is stored in strict confidence and is not shared with third parties. The data is used to understand the status of the user, verify information, and communicate with users wherever necessary. Email addresses and contact numbers are also used to communicate Phoenixtutor’s special promotions, products, and services wherever possible.

Permission

The minimum age to access or use our services is 18 years. If you are 18 years of age or younger (or live in the age of legal majority where you live), you may access or use our services only under the supervision of a parent or legal guardian or another person who agrees and understands that you are obligated to be. under these terms. If you are a parent or legal guardian, or any other person who controls users under the age of 18 (or the legal majority), you agree to be fully liable for any acts or omissions by such user in connection with our Services.

Registration and Subscription Policy

To access Phoenixtutor, users must register on the portal by providing the required information in the registration area of the portal. In the case of a minor student (under the age of 18), registration must be done under the guidance of a parent or guardian. By registering on the portal, you agree that you are an adult learner OR the registration is done with the permission and supervision of a parent or guardian. By subscribing to Phoenixtutor, you agree to be an adult learner OR to enroll with the permission and supervision of a parent or guardian.
To complete the registration, the user must enter a valid email address as a user ID and an eight-digit password. To validate the user with a valid password (OTP), we must also provide a valid mobile number. The OTP will be sent to the mobile number to validate the Account.
After successful registration of the account, the account will be activated, which can be accessed by logging in with a username and password. Once you activate your account, you are solely responsible for all activities that occur under your account. If you suspect unauthorized use of your account, you should intimate Phoenixtutor at the earliest. Phoenixtutor shall not be liable for any acts or omissions made by you, including any damages resulting from such acts or omissions.

Access to Material

We will take all commercially reasonable steps to give you uninterrupted access to the Product. However, your access may be restricted from time to time for reasons beyond our control. The reasons include the events of force majeure, power outages, and actions of computer hackers and other people who act outside the law. Your access can also be interrupted due to software problems, server downtime, an increase in Internet traffic, programming errors, routine maintenance, and other related reasons. If so, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in this term means reasonable efforts are made in good faith, without overly burdensome use or time, resources, personnel, or money.
Our common goal is to provide the highest quality products. As such, improvements or changes to the Products or other materials can occur at any time without prior notice to ensure that they are up to date and free from errors.

Subscription Validity

Subscription lessons are valid until the end of the academic year. For example, if a student subscribes in June and the academic year ends in March next year, the subscription will be valid until the end of March. Likewise, if a subscription in January and the academic year ends in March of the same year, the subscription will only be valid until the end of March in the same year.

Exclusions of Liability

Phoenixtutor will make reasonable efforts to ensure that the data in the course is accurate and to correct errors or omissions as soon as possible after being notified. To the extent permitted by applicable law, we reject all warranties and representations (either express or implied) about the accuracy of the information contained in the course. We do not guarantee that the material will be free of errors and accept no responsibility for mistakes or omissions.
We do not provide any guarantees that the portal is free of viruses or anything, which may have a negative impact on any technology. Phoenixtutor does not make any representation regarding the content of other web sites, which you can access from the course. A link to a non-Phoenixtutor website does not mean that Phoenixtutor supports or accepts any responsibility for the content or use of the website.

Video Enabled / Disabled

Phoenixtutor is a replica of a regular class so, our curriculum is designed according to the lesson plan/class progress and the respective board. Thus, video lessons will be uploaded accordingly and will be made available/active to users according to lesson plans. Therefore, it is not necessary that the full academic year video lessons of an active subject or class be viewed immediately after subscribing. Because uploading videos is a link to the syllabus and progress of lessons, future lessons can be displayed as “inactive”

Cancellation and Limitation Policy

Products that have been purchased cannot be canceled or transferred to others. Free demos and free trial sessions provided on the website help you to make a decision in advance if the product suits your needs.
It is your responsibility to ensure that you meet system requirements, including compatible hardware, software, telecommunications equipment, and Internet services, before purchasing any content. We cannot give refunds for any reason

Student Interaction

The Phoenixtutor class is a combination of interactive and non-interactive sessions. Students will have the option to view video classes and record classes directly according to their convenience and will be available on their dashboard until the end of the academic year. Students can also use the Phoenixtutor chat facility for clarification if there is one.

Indemnification

You agree to indemnify and hold Phoenixtutor, his teachers, contractors, licencors, and their respective directors, officers, employees and agents from and against any and all claims and costs including attorneys’ fees, arising from your use of the portal. , including but not limited to violations of your T&C.

Court of Jurisdiction

All disputes arising from or in any way related to this agreement will be deemed to have arisen locally or abroad, and only the courts in Thiruvananthapuram, Kerala, India have jurisdiction to determine the same. Any claim arising from or related to the terms of service must be submitted within 45 days from the date the claim arises, beyond which the claim is permanently prohibited from declaring any claim.

Arbitration

Any disputes, controversies or claims arising from or relating to this contract including questions about their existence, interpretation, validity, violation or termination arising under this Agreement will be settled by Arbitration by a Sole Arbitrator in India in accordance with the provisions in the Arbitration and Conciliation Law. 1996 as may be amended from time to time.
Any disputes arising under this Agreement will be settled through arbitration by a single Arbitrator in India in accordance with the rules of Indian Arbitration in force at that time. In the event that any party fails to submit any dispute arising from this agreement to the mediation in advance, or fails to participate meaningfully in mediation, that party will not be entitled to attorneys’ fees as set forth in this paragraph. Any decision on the award entered by the arbitrator can be submitted to any court of jurisdiction. Arbitration fees, including reasonable attorneys’ fees incurred in arbitration as determined by the Arbitrator, together with reasonable attorney’s fees incurred by the party in force in the enforcement of the Court of arbitration award after being given by the Arbitrator, must be paid to the party in effect by the party which is appointed by the Arbitrator or the Court.

Limitation of Liability

Phoenixtutor will not be held liable based on any theory of responsibility based on contracts, errors, negligence, guarantees or otherwise for any indirect, consequential, incidental, or special damage or profit lost, even if Phoenixtutor or other Channel Parties have been notified of possible damage. Phoenixtutor’s total liability for any claim arising from or related to these Terms or our Services, regardless of the form of action, is limited to the amount paid, if any, for you to access or use our Services.
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