Terms and Conditions

1. General

These Terms and Conditions (“Terms”) apply to all websites, services, software, and mobile applications provided by Yoda Technologies Ltd. (“Yoda”, “we”, “us” or “our”), including the websites www.yoda.com.bd; www.yodabd.com; yoda.mobi; yoda.design; yodaeducation.com; yodatutors.com

The website and all applications are collectively hereinafter referred to as the “Website” and/or “Websites”.

Yoda is an online educational platform with the objective of providing both online and in-house lead generation services to those providing academic tutoring services as well as those seeking academic tutoring services. Yoda acts as a platform or online marketplace providing the opportunity to service providers and service seekers to exchange/deal in/trade in educational services such as academic tutoring services etc. Yoda may also provide education and educational resources, tools and services through the use of technology to Students, Parents and Teachers such as virtual/online classes, video tutorials/lessons, online assessments etc.

The following Terms together with our Privacy Policy form an integral part of the overall terms governing our relationship with you and amount to a binding contract between Users and Yoda. If you do not agree to any of these Terms, please do not proceed or continue to use the Website and leave the Website immediately. By continuing to use the Website and/or the Products and/or Services contained therein you agree to be bound by these Terms.

Yoda reserves the right to amend or modify these Terms at any time at its discretion without prior notice. In case of such amendment or modification of the Terms, the Terms as amended shall have immediate effect. Yoda reserves the right to exclude and/or bar any User from use of the Website or any of the Services contained therein without prior notice if the User is in violation of any of the Terms.

2. Definitions

2.1 “Content” means all information, designs, graphics, interface, logos, marks, text, audio, video, tools, documents, exercises, resources and educational and non-educational material in audio, visual, textual or other format that is present on the Website, whether such Content is held in viewable, streamable, downloadable or other format.

2.2 “Customer(s)” means any person who may be a prospective student or a parent or guardian of a student who makes any purchase to use the Services of a Tutor or any Product through the Website;

2.3 “Lesson” means audio, video or text lectures, tutoring services and/or other academic resources delivered by Tutors (as defined below) either through the Website using virtual classrooms or on-site at Customers’ residences, Tutors’ residences or other venues to Users or Customers, as applicable;

2.4 “Member(s)” means any person, whether a Customer, Tutor or User who completes the Yoda membership registration process and opens a personal profile on the Website.

2.5 “Premium Account” means the premium account containing additional features for Users of such account as may be provided by Yoda from time to time in exchange for a prescribed service fee.

2.6 “Product” means any physical or virtual good, including software capable of being expressed, transmitted and/or used in whatever format that is made available for sale on the Website by Yoda or by other means to Customers, whether actual or potential.

2.7 “Service” means any educational or learning resources including Lessons delivered and/or sold online through the Website to Customers or the formal selection/contracting of any Tutor by the Customers or Users through the Website for in-house in person or online tutoring services;

2.8 “Tutor(s)” means any person described as a “Teacher” or “Tutor” on the Website delivering academic resources and/or Lessons or Content whether in-house in person or virtually (online or other means); and

2.9 “User(s)” means any person who accesses and/or uses the Website including Tutors and Customers, whether or not such person purchases any of the Products and/or Services on the Website including students seeking tutoring services as well as parents and/or guardians of students seeking tutoring services;

2.10 “Verified”, “Verification” or “Verify” (as applicable) means the independent verification and due-diligence undertaken by Yoda in relation to the academic credentials and background of Tutors at its sole discretion on the basis of information reasonably available and on the basis of reasonably procured indemnities and/or declarations of compliance with law.

3. Terms of Use

3.1 All Users of the Website desirous of qualifying as a Tutor or Customer with Yoda must complete the Member registration process contained on the Website by providing full disclosure of material information and accurate, up-to-date required personal information;

3.2 In case of underage minors, legal guardians of the said minors may complete the Member registration process on behalf of said minors;

3.3 The use of any of the Products or Services contained on the Website offered by a Tutor to a Customer amounts to a contractual relationship between the said parties and does not amount to a contractual relationship between Yoda and the Tutor or Customer;

3.4 The relationship between Yoda and the Tutors and/or Customers is not one of principal-agent, employer-employee or of a similar nature and Yoda fully excludes all responsibility and liability arising from any negligent or illegal acts or omissions committed by the Tutors and/or Customers towards each other.

3.5 The Website provides lead generation services to Users and Tutors and therefore is a platform and/or marketplace for Tutors and Customers to contract with each other and Tutors and Customers contract with each other respectively solely at their own risk and responsibility.

3.6 Yoda shall undertake a review and assessment of the profiles and information submitted by Tutors regarding the respective Tutors’ academic qualifications, achievements and credentials at its sole discretion and endeavor to the extent reasonably necessary to verify the accuracy of the information provided to mark them as “Verified” Tutors on the Website. In this regard Yoda reserves absolute discretion in its decision to accept or reject profiles of tutors/applicants who wish to be enlisted as tutors on the Website, and if in the sole opinion of Yoda management the applicant/candidate is unsuitable to be enlisted on the Website as a tutor, then he/she shall not be enlisted as a Tutor and may not be marked as a Verified Tutor. All decisions taken by Yoda in this regard shall be treated as final.

3.7 Yoda cannot and does not guarantee a perfect match with the criteria selected by the Users for their desired tutors. Users may select their preferences with criteria for their desired tutors. While Yoda may reasonably endeavour to provide tutors meeting such selected criteria and notify Users of the same, Yoda remains under no obligation to do so and cannot be held responsible for any failure to do so. Further, signing up with the Yoda website does not guarantee a listing in the website’s search results, as Yoda shall optimize search results at its sole discretion to list appropriate candidates following the criteria that Yoda sees fit.

3.8 Upon request of enrolment into any Lesson or request for purchase/hire of any Product and/or Service by a Customer, Yoda reserves the right to accept or refuse such request at its sole discretion.

3.9 Confirmations of enrolment into a course or Lesson or confirmation of any student or tutor/teacher shall be sent by email and/or text message on mobile phone (depending upon the selection by the Customer and Tutor on the Website) from Yoda to the concerned Customer as well as the Tutor.

3.10 Yoda does not take responsibility of any outcome-based achievements or results for Users as a consequence of using Products and/or Services availed through the Website, including any changes in academic grades achieved by Customers (students) or other results. Tutors provide their services independently and not on behalf of Yoda and accordingly outcomes such as grades, examination and/or test marks, results or other student performance indicators are the personal responsibility of Customers (students) and is beyond the control of Yoda.

3.11 Yoda only provides lead generation / matchmaking services between tutors and aspiring students and is therefore not responsible for the actions of either party. Customers (legal guardians of underage minor students) must take the responsibility for the safety and security of their children / underage minors in their custody and adult Customers shall be responsible for their own safety and security.

3.12 It is the responsibility of Customers to take appropriate security and safety measures before permitting Tutors to enter their homes, offices or other premises or allowing them to deliver Lessons to underage minor students whether under supervised conditions or not. Yoda shall neither be responsible for any acts or omissions by Tutors, Customers and/or underage minor students nor shall it be responsible for any occurrences of acts of god/force majeure, any consequences or losses arising therefrom.

3.13 In the event of any criminal or civil offences committed by a User or Tutor in the course of delivering Services/Lessons, Yoda may at its discretion extend assistance as it deems reasonably necessary to enable a credible police investigation, inquiry or action. Such assistance shall be limited to sharing appropriate information with the law enforcement or appropriate/competent authorities or parties to the extent it is readily available to Yoda and it shall not be the responsibility of Yoda to search for, recover, demand, retrieve or extract any other information or evidence beyond that which it holds for the purposes of operating the Website and providing Products and Services.

3.14 By using the Website and any of the Products and/or Services contained therein each such respective party, whether a Tutor, User or Customer agrees to fully indemnify Yoda for any and all losses, damages and/or costs arising out of their willful negligence, omission or commission of any criminal or civil offence under the laws of Bangladesh, including but not limited to any malicious attacks on the Website, transfer or transmission of any malware, viruses or computer programmes that have or have the potential to damage or compromise the integrity and/or security of the Yoda Website and its corresponding systems, networks and servers and/or loss, damage or corruption to any of Yoda’s files or data as well as the computers, networks, systems, data, files and/or servers of Yoda Users. Yoda reserves the right to take legal action against any party such action including claims for damages, injunctions, other equitable relief or criminal sanctions, notwithstanding the fact that such party may not be a direct User of the Website provided that the direct or indirect act or omission by such party has caused any damage, destruction as aforesaid or caused the loss or corruption of any data or files in Yoda’s Website, computer systems, servers or networks.

3.15 Yoda does not encourage, support or endorse personal, social or other relationships or interaction between Tutors and Users beyond the professional context of delivering Services/Lessons. Parties engaging in any interaction beyond such context do so at their own risk and responsibility and Yoda does not take any responsibility for any consequences arising therefrom.

3.16 “HOT JOBS” advertised on Yoda is a Premium Account feature available for Premium Account holders on Yoda, whereby available job offers are shown to eligible Users but the success of securing such jobs are not guaranteed. The listing of available jobs visible to Users holding a Premium Account are determined by the job preferences set by the respective Users and as such Yoda shall not be liable for unavailability of jobs or non-visibility of any search results for this feature if the preferences set by the respective Users do not match the available jobs or if there is any technical glitch in the system.

4. Payment Method

4.1 Tutors shall select their chargeable hourly/daily/monthly rate(s) or rates on a ‘per-course’ basis in BDT to be advertised on the Website.

4.2 Tutors undertake, by agreeing to these Terms to provide 1(one) hour of tutoring services to each of their new Customers/students free of any charge.

4.3 For all Lessons/Products/Services delivered online directly through the Website all payments of fees payable by Users/Customers shall be made directly to Yoda using the Website (and as directed to a payment services gateway). Yoda shall deduct a service charge equivalent to _____ % of the total payment amount (excluding taxes) and transfer the balance amount to the respective Tutor’s registered bank account within 30 (thirty) days of receiving the payment from the User/Customer.

4.4 For all Lessons/Products/Services delivered offline directly by the Tutors at the User/Customer’s site, all payment of fees payable by Users/Customers shall be made directly to the respective Tutor. Yoda shall not accept any responsibility or liability for non-payment of fees to the Tutor in such cases. Yoda shall be entitled to an amount equivalent to _____ % of the total payment amount (excluding taxes) and the same shall have to be paid by the Tutor into Yoda’s nominated bank account within 10 (ten) days of receiving the payment from the User/Customer.

4.5 Yoda shall not be held liable for any losses including consequential losses caused by the failure and/or technical faults, errors of the payment gateway system/payment services operator (PSO).

5. Intellectual Property

5.1 All rights, including copyright, in relation to and arising from Products, Services and Content in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You shall not modify, distribute or re-post something on this Website for any purpose.

5.2 The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, books, software, photos, video, graphics, music, sound, and the entire contents of Yoda protected by copyright as a collective work under the applicable copyright laws. Yoda owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may download/print/save copyrighted material, if provided and expressly permitted by Yoda, for your personal use only (subject only to gaining lawful access to the same). Except as otherwise expressly stated under copyright law, no copying, and re-distribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Yoda is permitted. If copying, redistribution or publication of copyrighted material is expressly permitted by Yoda in writing, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

5.3 You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with Yoda shall not be deemed to be in the public domain but rather the exclusive property of Yoda, unless such site is under licence from the trademark owner thereof in which case such license is for the exclusive benefit and use of Yoda, unless otherwise stated.

5.4 Yoda does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

5.5 Users are prohibited to access or attempt to access or modify, alter, delete or destroy any information hosted on the Website and/or its servers and/or network of Yoda. Any attempt to commit such prohibited act whether directly or indirectly is liable to civil and criminal sanctions and legal action by Yoda.

6. Security and Personal Information

Yoda reserves the right to disclose, share or transfer information relating to any User of the Website to law enforcement agencies and/or relevant government authorities for the purposes of any criminal investigation, trial or security concern raised by any authority or security agency of the Government of Bangladesh or in any competent court of law or tribunal or for the purposes of any regulatory compliance that may require Yoda to extend cooperation and/or disclose such information to the concerned persons.

7. Cookies

The Website may use cookies, which means that you must have cookies enabled on your computer in order for all functionality on this site to work properly. A cookie is a small data file that is written to your hard drive when you visit certain websites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited.

8. Governing Law

Yoda is governed by the laws of Bangladesh. Users agree that Bangladesh courts will have jurisdiction over any dispute or claim relating to the use of the Website or any Services or Products offered by Yoda.

9. Refund Policy

9.1 If the account held with Yoda by any Tutor is hacked or compromised either due to the negligence of the Tutor or due to the illegal actions of a third-party, Yoda shall not be liable for any losses arising from the hacked or compromised account and Yoda shall not be liable to issue any refunds for the Tutors’ funds which have been lost or stolen. For any sort of technical issue, if we charge any money from the parents/students or Tutors, Yoda would not refund that money.

9.2 Yoda shall not be held liable for the failure and/or technical faults, errors and/or consequential losses arising from a defect in the payment system gateway/payment service operator’s (PSO) website or system.

9.3 Users may apply for a refund request to Yoda by email. All requests for refund must be made within 7 (seven) days of making the payment and shall be dealt by Yoda in accordance with any specific provisions on cancellation policy (if any) in the specific Product/Service/Lesson.

9.4 Yoda shall only issue a full refund to the respective User/Customer in the event a Lesson/Product/Service is cancelled before it is commenced and after the User/Customer has made the relevant payment. Accordingly Yoda shall withhold relevant payments to the Tutor in case of such cancellation. In case of cancellation of the Lesson/Product/Service after partial delivery of the same, the terms of refund and payment to the Tutor shall be determined by the relevant cancellation and refund terms of the specific Lesson/Product/Service.

9.5 Yoda shall review all requests for refund with a decision within 15 (fifteen) working days from receipt of such request. If Yoda takes the decision to refund the payment, such refund shall be effected within 10 (ten) working days of communicating the decision, subject to usual banking processes and checks.

9.6 No refunds shall be made for cancellations/cancellation requests made after completion of the relevant Lesson/Product/Service.

9.7 Once a contract has been concluded between the Tutor and the Customer, Yoda shall not refund any money to either party for any disagreement or dispute arising between them or any reasons which Yoda deems in its sole discretion to be invalid or inappropriate.

10. Validity of Prices and Offers

10.1 All prices and offers including any discounts or promotional offers that are provided on the Website by Yoda may be subject to a specific period of time.

10.2 Yoda reserves the right to increase, decrease or otherwise modify the prices of any Products, Services and/or Lessons and/or extend or reduce the duration of any such Products, Services and/or Lessons at any time at its discretion with immediate effect to the Users.

10.3 In addition to the charges/fees for Lessons/Products/Services Yoda reserves the right to charge for any other aspects of the Website including but not limited to additional charges for providing Premium Account features, additional information, tips, resources, cash and/or non-cash benefits and credits for other third-party goods and services to both Users/Customers and Tutors;

11. Indemnification

Users agree to indemnify Yoda as well as its officers, authorized representatives, employees, agents, from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms (including negligent, wrongful or other unlawful conduct).

12. Privacy and Storage of Data

12.1 Yoda may collect personal and other types of information from Users. It is a condition that the use of the Website assumes that the User consents and authorizes Yoda to collect and use this information for lawful purposes. Yoda also reserves the right to disclose the collected information with any other person for the purposes of administering, supporting and maintaining the Website and the Services provided herein, as well as for improving the Website and Services, for example by using the information for research, marketing, product development and planning purposes.

12.2 By sharing personal information with Yoda and accepting these Terms, Tutors hereby agree:

(i) to allow publishing, publicizing, displaying and/or otherwise listing their relevant information on the Website and other parts of the internet (such as advertisements on social media and elsewhere on the internet) in the manner and to the extent Yoda considers reasonably necessary to communicate relevant information regarding the relevant Lesson/Product/Service to Yoda’s intended customers.

(ii) to allow sharing of personal contact information of the respective Tutors with Users/Customers after acceptance by the Tutors to deliver a Lesson/Product/Service to the said Users/Customers.

(iii) to hold harmless Yoda as well as its officers, authorized representatives, employees, agents, from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any intentional or unintentional misuse or damage to the Website by any third party or rogue employee of Yoda acting beyond his/her legitimate authority.

12.3 By sharing personal information with Yoda and accepting these Terms, Users/Customers hereby agree:

(i) to allow transfer, transmission or otherwise sharing of their relevant information in the manner and to the extent Yoda considers reasonably necessary to enable the delivery of the relevant Lesson/Product/Service to Yoda’s intended customers.

(ii) to hold harmless Yoda as well as its officers, authorized representatives, employees, agents, from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any intentional or unintentional misuse or damage to the Website by any third party or rogue employee of Yoda acting beyond his/her legitimate authority.

12.4 For further details on the handling of User information, please refer to the Yoda Privacy Policy available on the Website.

12.5 By using this Website you agree that all information including information of Users and Tutors may be stored using cloud storage services or in servers/data centres located outside Bangladesh. Provided that in the case of any change in the Bangladeshi law imposing data localization requirements or data-protection requirements, Yoda shall transition its data storage processes and policies to remain compliant with the provisions of the prevailing law, to the extent necessary under the applicable law.

13. Behavioural Policies

13.1 The Tutors undertake to be punctual and professional in delivering Lessons/Products/Services both online and in-house (offline).

13.2 Tutors and Users/Customers must be professional and respectful in all their dealings and interactions with each other.

13.3 Tutors and Users/Customers shall endeavour to resolve any disputes and/or conflicts between themselves amicably in the first instance before resorting to any litigation in the courts of Bangladesh.

14. Miscellaneous

14.1 Yoda reserves the right to, at its discretion, modify or change the scope and materials contained in its Lessons/Products/Services and Content, including the price and other terms of the Lessons/Products/Services provided to the Users/Customers without prior notice to the Users/Customers. Provided that Users/Customers already enrolled in specific Lessons/Products/Services shall not be affected by price changes for the said specific Lessons/Products/Services.

14.2 Yoda is not liable to refund any money or provide any compensation or damages if a User/Customer is barred from using the Website or any of the Services of Yoda for any reason beyond the control of Yoda including force majeure and other technical downtime, security barriers, browser compatibility issues or internet connectivity problems.

14.3 Yoda holds the right to withdraw any Lessons/Products/Services or revoke the right of any User/Customer from using the Website.

14.4 Yoda is not liable for any injury, claim, liability or damages arising out of, any error or omission on the Website or any of the third party links accessed through the Website.

14.5 Yoda shall not be held liable for any disruption to the Website or any of the Products, Services or Lessons caused due to force majeure events.

14.6 All Users are prohibited from posting any illegal, offensive or defamatory content on our Website. Any such content posted on the Website is neither endorsed nor supported by Yoda and Yoda shall not be held responsible for the same. Civil and/or criminal actions may be brought against Users/Customers who are in violation of this clause.