All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
- “Account” refers to the User’s account on the mobile application Edapt enabling the use of the Application by the User.
- “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.
- “Application” shall mean the feature/category-icon “Edapt” within the mobile application and shall mean and include any updates provided by KH from time to time.
- “Mentor” shall mean such user who creates his/her profile on the mobile application to offer services to the clients.
- “Student” shall mean such user who creates his/her profile on the mobile application to receive the services and is traveling to one country to another.
- “Co–Travellers” shall mean such Users who are traveling to same destination at the selected period from different parts of globe.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by KH from time to time, provided by the Users at the time of registration on the mobile application Edapt or otherwise.
- “Hire” shall mean the hiring a particular mentor by the student to receive the included services in the package selected by him.
- “User” shall mean persons who have created an Account and use the Application. "You", “Your" or “Yourself” shall mean reference to the User accessing the Application.
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of the T&Cs.
- Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as KH will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
- You will be "Eligible" to use the Application only when You fulfill all of the following conditions:
- You have attained at least 18 (eighteen) years of age.
- You are competent to enter into a contract under the Applicable Laws.
- You have no criminal antecedents and have never been convicted of any criminal offence in India & Canada.
- You do not have any criminal proceedings pending against You in any courts in India & Canada.
- You may avail the services on the Application only if You fulfill the conditions as mentioned in 3.1.1 to 3.1.4 above. If You are not Eligible, please abandon any and all attempts to register or use the Application. By continuing usage of the Application, you represent and warrant to KH that you satisfy the eligibility criteria listed above in clause 3.1.
- To use the Application You shall be required to update your User profile with details as requested at the time of sign up which may include without limitation personal information as well as personal login information.
- You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Application is not Eligible to use the same. KH shall not be responsible for any authenticity of the information provided by the User for use of the Application.
- You shall not impersonate someone else or provide account information, an email address, mobile number, vehicle details or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect information provided by You.
- It is Your responsibility to check and ensure that You download the correct Application for Your device. We are not liable if You do not have a compatible mobile device or if You have not downloaded the updated version or if You have downloaded a wrong version of the Application for Your mobile device.
- You will not assign or otherwise transfer Your Account to any third party.
- In case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In the event of such unauthorized use, please immediately reach Us at email@example.com.
- In case, You are unable to access Your Account, please inform Us at firstname.lastname@example.org and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account except in case of Force Majeure events which are beyond Our reasonable control.
IV. Mentor Hiring Process
- The Application shall through technologically automated means connect Mentors and students having common or close points of origin and destinations for a Ride.
- KH shall share the necessary details of the Mentors and the students with the other party so connected through the Application.
- Students have been given a choice to select the mentor after communicating with them.
- When any particular Mentor is hired, student can not change the mentor on his own.
- Students need to report issue if any to change mentor and mentor removal is controlled by KH.
- KH will assess the overall scenario to allow student to change the mentor he has selected previously or even to be qualified to get refund.
- Once first mentor is removed from selection panel, Student gets last chance to select a mentor.
- Student can claim the refund if they do not wish to go with any mentor.
V. Non-Commercial Activity
- The purpose of the Application is strictly limited to facilitating service between Mentors & students. The Application shall under no circumstances be used to offer or accept services for hire or reward or profit or any commercial or professional benefit. The Application is only a communication platform intended to connect students, mentors & co-travelers.
- You agree not to demand any reward or make profit in any form, from any Service.
- You shall not offer any services whatsoever including without limitation package deliveries, additional services of at any other point during the service facilitation.”KH” shall not be responsible for any additional / demanded service and charges agreed mutually by students and mentors both and shares no liability.
VI. Users Obligations
- You may place a service request to the mentor only through the Application.
- You understand and undertake that the use of the Application is only for Your exclusive purpose. You shall not be allowed to offer/request/accept services on behalf of others under any circumstances whatsoever.
- You are expected not to change drop package once the hiring mentor is confirmed.
- You are expected to (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving with each other, or in any other manner adversely affecting the quality of the services.
- You are expected to avoid talking loudly.
- You are expected not to use foul language during the service facilitation.
- You are expected not to share Your personal information with each other. You maintain decorum and refrain from indulging in heated discussions or debate(s) with each other.
- You are expected to avoid getting personal or overly friendly with each other.
- You are expected not to consume eatables (including alcohol or any other intoxicating beverages) in the service facilitation.
- You are expected to keep Your belongings with You only.
- The mentor shall ensure that:
he maintains his great service quality and is not under the influence of alcohol or any kind of drugs at the time of raising request for services by the students.
he endeavors to follow the systematic process set by KH for smoother engagement with students and maintaining required service quality and terms.
he complies with all applicable traffic laws at all times during the service facilitation.
- The student shall ensure that the mentor assigned to him in the manner provided in the T&Cs bears the same photo ID and the registration details specified to the student through the Application and/or SMS.
- The students acknowledges that there may be a delay in reaching the destination, depending upon the traffic situation and owing to certain unavoidable circumstances.
- Women Users are advised to use their own prudence in selecting a mentor or co-traveler on the Application as KH cannot guarantee the authenticity of the data shared by other Users.
- Women Users are advised to share the mentor details with family, friends, relatives or any such other person which such User may deem fit.The Application contains emergency SOS section in the menu tab where emergency helpline numbers are mentioned for their safety.
- You acknowledge that the information made available by You on the Application, including location data, may be accessible to certain other users of the Application.
- You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail ID. You consent to be contacted by Us via phone calls and/ or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
- You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User of the Application, or any other customer of KH, including any of KHs account not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or KHs systems or networks, or any systems or networks connected to the Application.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or KHs systems or networks, or any systems or networks connected to the Application.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to KH on or through the Application or any service offered on or through the Application. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Application or any content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of KH or others.
- You shall not use the Application in any manner that could damage, disable, overburden, block or impair any of the server connected to the Application. You may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
- You may not reverse engineer, decompile and disassemble any software used to provide the services on the Application.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about KH or the brand name or domain name used by KH or otherwise engage in any conduct or action that might tarnish the image or reputation, of KH or its merchants on platform or otherwise tarnish or dilute any of KHs trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by KH.
- You shall not engage in advertising to, or solicitation of, other Users of the Application to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Application. It shall be a violation of these T&Cs to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Application without KHs prior explicit consent. In order to protect KHs Users from such advertising or solicitation, KH reserves the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which KH may deem appropriate in its sole discretion.
- You understand that KH has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, KH can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as KH, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Application.
- KH shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
VIII. Intellectual Property
- All trademarks, brands and service marks used in connection with the Application and/or feature(s) offered are owned by KH and is KH’s property; KH owns all copyrights and intellectual property rights and database rights in connection with the Application. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.
- You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the interface/Application.
- Except as expressly provided in these T&Cs, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
- You may use information that has been made available by Us for downloading from the Application, provided
- do not remove any proprietary notice language in all copies of such documents; or
- use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
- make no modifications to any such information; or
- do not make any additional representations or warranties relating to such documents.
IX. Termination and Suspension of the Account
- We reserve the right to modify, terminate or suspend the Application at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever.
- You may terminate Your Account by submitting a request to Us at [insert e-mail id] We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all activities that occurred prior to termination of Your Account.
- Further, We shall also reserve the right to suspend Your Account without any notice to You in the event KH suspects that Your account is being used in a manner so as to cause nuisance or prejudice KH or any other persons in a fraudulent manner.
X. Limitation of Liability & Indemnity
- All or any direct or indirect liability arising out of or in connection with the mentors , co-traveller & service facilitation and/or as a consequence of misuse of the application, delays caused to a User, losses (financial and otherwise), injury or death occurring during the service facilitation shall be the sole responsibility of the Users. KH shall not be a party to any dispute and/or claims arising in connection with the services offered and availed through the Application. It is re-iterated here that KH is acting merely as a facilitator and is not privy to any contract / agreement amongst and between the Users. Further, any loss to a User or any other person caused due to reasons such as fraudulent practices, negligence, impersonation, rash & negligent driving, traffic rules violation of any User shall in no manner, whatsoever, make KH liable and the same shall be the sole responsibility of the concerned User.
- You will defend, indemnify and hold harmless KH, each of its affiliate(s) (and its respective employees, directors, agents and representatives) and any person determined by KH from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to the use or misuse of the Application or any violation of these T&Cs. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL KH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE T &Cs, INCLUDING LOSS , ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 1000/- (RUPESS ONE THOUSAND ONLY).
- Except for Our limited role as facilitator of services between the mentors students & co-travelers, We are not involved in any understanding between You and any other User or other third parties. We shall not be liable for the quality, safety, reliability, legality, delivery or any other related or connect matter with the services.
- Your use of the Application is at Your own risk. The Application and/or its features are provided on an "as
is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the
Application, including the availability or otherwise of the features forming part of the Application at
any particular location or time. We disclaim all warranties of any kind whether express or implied including
without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted
access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular
purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant
- This Application will be constantly available, or available at all; or
- The information on this Application is complete, true, accurate or non-misleading; or
- This Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
- Content on the Application constitutes, or is meant to constitute, advice of any kind;
- KH shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User/s arising out of service facilitation including but not limited to any direct, indirect, incidental, punitive, and consequential damages. The service facilitation, and any claim resulting from the same, requested through the Application, remains the responsibility of the respective Users against whom the claim is made and KH shall not be liable for any conduct of any of the Users using the Application.
- KH is not responsible for the conduct, whether online or offline, of any User of the Application. You are solely responsible for Your interactions with other Users, whether Mentors or Co-Travellers. You acknowledge that KH is not responsible for the acts or omissions of any User whatsoever.
- We do not authorize anyone to make a warranty on Our behalf and You may not rely on any such statement of warranty as a warranty by Us.
- KH and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Application, or Your reliance upon the information contained in the Application (whether arising from KH or any other person's negligence or otherwise).
XII. Notices and communication
- Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:
- Attn: Team Edapt
- Address: 304 , Panama Planet , Gokhale Road , Naupada Thane (West) 400602, Maharashtra, India.
- E-mail: email@example.com
- All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
XIII. Force Majeure
- We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
- For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of KH.
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to the Application or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
XV. Amendment of T&Cs
- We reserve the right to change any of the T&Cs or any policies or guidelines governing the Application or any features attached to the Application, at any time and at Our sole discretion. Any changes will be effective upon posting of the amendments/modifications on the Application and We may send You an automated e-mail to Your email-ID informing about such changes.
- Unless otherwise specified by Us, amended T&Cs will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use the Application or any features attached to it, You will be deemed to have agreed to accept and be bound by such amended T&Cs. If You do not agree to the amended T&Cs, You should discontinue accessing Our Application and/or its features immediately. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application and related features.
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
XVII. Entire Agreement
These T&Cs constitute the entire agreement between the User and KH with respect to KHs services and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and
KH with respect to this service. A printed version of the T&C and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to the T&C to the same
extent and subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
XVIII. Governing Law and Dispute Resolution
- Any dispute, controversy or claim arising out or in connection with the use of the Application and/or its features or relating to these T&Cs and interpretations thereof or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of KH as KH may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the User.
- The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Mumbai.
- These T&Cs shall be governed by and construed in accordance with the laws of India. We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Mumbai, India only.
Last Updated: 4th MAY 2018
These general terms & conditions of offer ("General Offer Terms") shall constitute a legally binding and enforceable contract between the Customer availing the Offer ("Customer(s)/ You/ Your") and KnowHassles Edapt Private Limited ("KH"). You are not bound in any way to participate in the Offer. By availing the Offer, You unequivocally accept to be bound by the terms set out below. The participation is voluntary and any purchase or transaction on the Edapt Platform shall be deemed as acceptance of the terms and conditions mentioned herein. These General Offer Terms along with any other offer specific terms as may be issued by Edapt from time to time shall constitute the entire understanding between Edapt and You and these General Offer Terms shall supersede any other offer specific terms in the event of conflict unless such offer specific terms expressly supersede these General Offer Terms.
- The offer is valid ONLY on Edapt Mobile Application and can be availed on Services and shall not be applicable to the services other than included ones.
- On arrival services (“Services”) provided by third parties on the Edapt mobile application (“KH Platform”) shall be the responsibility of the third party providing the Services and all claims shall be against that third party (“Service Provider”) providing the service to which the offer applies.
- Offers shall not be clubbed with other Offers as a matter of KH’s policy.
- You shall become ineligible to participate in this Offer if You are barred from using services of KH during Offer Period. KH reserves the right to disqualify any Customer from the benefits of the Campaign/Offer, if any fraudulent activity is identified as being carried out by the Customer for the purpose of availing the benefits under the Campaign/Offer or otherwise by use of the service.
- KH disclaims all warranties, conditions or statements, whether express, implied or statutory, including, without limitation, the implied warranties or conditions of merchantability, quality and / or fitness for the products or services included in this Offer, the Services or for any other purpose.
- Pictures of products shown in the communication sent to the Customer either through mailers or advertised on KH website, are for representation purposes only and may not bear a resemblance to the actual Services provided by the relevant Service Provider. KH shall under no circumstances be responsible towards the same.
- Services offered under this program are subject to availability from the respective Service Provider in relevant geographical location and in no circumstances KH shall be liable for non-availability of any of the Services.
- All liability with respect to the Services availed lies solely with the respective Service Provider.
- KH or the Service Provider shall not be liable for any indirect or speculative or consequential or penal damages, including, but not limited to, any loss of use, loss of data and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages. Notwithstanding anything contained in this General Offer Terms, the total liability of KH and the Service Provider, shall not, in any circumstances, exceed the Rs. 1000/- (Rupees One Thousand only), irrespective of the nature of the claim which results in such liability and whether based on contract or tort or any other theory of law.
- The Offer shall be subject to usual force majeure events.
- KH may at its sole discretion refuse, deny, discontinue, withdraw and terminate the Offer at any time during the Offer Period without assigning any reasons whatsoever and without any prior notice to You.
- All disputes shall be settled amicably, on failure to do so within 30 (Thirty) days, such disputes shall be resolved by a sole arbitrator appointed by mutual agreement of the parties. The proceedings of the arbitration shall be conducted in accordance with the provisions of the Arbitration Conciliation Act, 1996 and the seat of arbitration shall be Mumbai, India. Subject to the aforesaid, these General Offer Terms read with the offer specific terms shall be governed by the laws of India and the courts in Mumbai,Maharashtra shall have sole and exclusive jurisdiction.
The customer agrees and acknowledges that the use of the Mobile App/Website is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained in this Website / Application is for general information purposes only. The information is provided by Edapt and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Edapt. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Website / Application up and running smoothly. However, Edapt takes no responsibility for, and will not be liable for, the Website / Application being temporarily unavailable due to technical issues beyond our control.
Last Updated: May 07, 2018
These terms and conditions govern Edapt’s policy for student refunds (“Student Refund Policy”) and the obligations of the mentor associated with the Refund Policy. The student Refund Policy applies in addition to Edapt’s Terms of Service (“Edapt Terms”). The Student Refund Policy is available to students who hire and pay for a mentor for the services through the Edapt Platform and suffer a service or transaction Issue (as defined below). The student’s rights under this student Refund Policy will supersede the mentor’s cancellation policy.
All capitalized terms shall have the meaning set forth in the Edapt Terms or Payments Terms unless otherwise defined in this Student Refund Policy.
By using the Edapt Platform as a mentor or student, you are indicating that you have read and that you understand and agree to be bound by this Student Refund Policy.
1. Service Issue
A “Service Issue” means any one of the following:
The mentor selected
(i) cancels an appointment before facilitating any service or guidance, or
(ii) fails to provide the students with the Accommodation
(iii)Does not facilitate all the services included in the package due to his unavailability
The Mentor’s description or depiction of the is materially inaccurate with respect to:
- Details uploaded by him on the platform
- Someone else shows up in place of the mentor chosen
2. The Student Refund Policy
If you are a student and suffer a Service Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Edapt’s Platform (“Total Fees”) depending on the nature of the Service Issue suffered, or (ii) use our reasonable efforts to find and hire you another mentor who is reasonably comparable to the mentor described in your original hiring in terms of city, location, availability and service requirement. All determinations of Edapt with respect to the Student Refund Policy, including without limitation the size of any refund and the comparability of alternate mentor, shall be in Edapt’s discretion, and final and binding on the Students and Mentors.
3. Conditions to Claim a Service Issue
To submit a valid claim for a Service Issue and receive the benefits with respect to your hiring, you are required to meet
each of the following conditions:
(a) you must be the Student that hired the mentor;
(b) you must bring the Service Issue to our attention in report issue section of your details for the mentor selected and provide us with information (including conversations or other evidence) about the Services and the circumstances of the Service Issue within one week after the later of (i) the start of your service facilitation or (ii) you discover the existence of the Service Issue , and must respond to any requests by us for additional information or cooperation on the Service Issue;
(c) you must not have directly or indirectly caused the Service Issue (through your action, omission or negligence); and
(d) unless Edapt advises you that the Service Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Service Issue with the mentor prior to making a claim for a Service Issue.
(e) Student does not qualify for the refund if he gets some of the services done by himself or without consulting or taking help from mentor willfully.
4. Minimum Quality Standards, Mentor Responsibilities and Reimbursement to Students
4.1 If you are a Mentor, you are responsible for ensuring that the Services listed in the packages on Edapt Platform meet
minimum quality standards regarding access, safety, cleanliness, and do not present a students with Service
Issues. During a Student’s service facilitation at any service, Mentors should be available, or make a
third-party available, in order to try, in good faith, to resolve any Students issues.
4.2 If you are a Mentor, and if (i) Edapt determines that a Student has suffered a Service Issue related to services listed in the package and (ii) Edapt either reimburses that student (up to their Total Fees) or provides an alternative mentor to the Student, you agree to reimburse Edapt up to the amount paid by Edapt within 30 days of Student’s request. If the student is offered an alternative Mentor, you also agree to reimburse Edapt for reasonable additional costs incurred to re-allocate the mentor. You authorize Edapt Payments to collect any amounts owed to Edapt by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a Mentor, you understand that the rights of students under this Student Refund Policy will supersede your selected cancellation policy. If you dispute the service Issue, you may notify us in writing and provide us with information (including photographs or other evidence) disputing the claims regarding the Service Issue, provided you must have used reasonable and good faith efforts to try to remedy the Service Issue with the Students prior to disputing the Service Issue claim.
5. General Provisions
5.1 No Assignment/No Insurance. This Student Refund Policy is not intended to constitute an offer to insure, does not constitute
insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the
Mentors, and the mentor has not paid any premium in respect of the Student Refund Policy. The benefits
provided under this Student Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination. Edapt reserves the right to modify or terminate this Student Refund Policy, at any time, in its sole discretion. If Edapt modifies this Student Refund Policy, we will post the modification on the Edapt Platform or provide you with notice of the modification and Edapt will continue to process all claims for Service Issues made prior to the effective date of the modification.
5.3 Entire Agreement. This Student Refund Policy constitutes the entire and exclusive understanding and agreement between Edapt and you regarding the Student Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Edapt and you regarding the Student Refund Policy.
6. Contacting Edapt.
If you have any questions about the Student Refund Policy, please email us at firstname.lastname@example.org