TERMS OF SERVICE

OVERVIEW

This website www.dikkha.com is operated by Dikkha Online Limited . Throughout the site, the terms “Dikkha”, “we”, “us” and “our” refer to ‘Dikkha Online Limited’. Dikkha offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or getting any service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”/ “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who brows our site or use it.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered, as an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store/site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

DEFINITIONS

For the Terms and Conditions stated, the following “UPPER-CASE-BOLD” terms shall have the following meanings; unless the context requires otherwise.

ACCOUNT - Means an account created by Guardians, Students and Tutors on the Dikkha as part of the registration (sign-up) procedure.

BEFTN - Bangladesh Electronic Fund Transfer Network is the arrangement by Bangladesh Bank for interbank account online fund transfer. Any payment or refund to be transferred to local bank account of the user through BEFTN following payment and refund policy of Dikkha. Refund against foreign currency will be executed to local bank account in local currency, as per prevailing exchange rate of the respective foreign currency.

Bkash - Bkash (bKash ) is the mobile financial service in Bangladesh operating under the authority of Bangladesh Bank as a subsidiary of Brac Bank

BOOKING – Means the request for reservation of usage of Dikkha services and payment for usage of such services.

COUNSELING – Means any academic or psychological advice for the students by experienced teacher or counsellor.

CREDENTIALS (SUBMITTED/ NOT SUBMITTED) - Means academic documents of teachers for verification purpose.

DEPENDENT STUDENT - Refers to any student who intends to use Dikkha for gaining tuition service, with or without the reference of guardian.

GUARDIAN - Refers to any person who intends to use Dikkha for gaining tuition service for their own or others children.

ONLINE COUNSELING – Means a service through online portal for counseling support.

ONLINE SCHOOL – Means a service through online portal for educational institutes.

ONLINE TUTOR - Means a service through online portal for tuition support.

PAYMENT GATEWAY - Is the 3rd party vendor platform through which cash inflow/outflow transaction from/to users will take place. Here it refers to SSLCommerz. Click here if you want to know more about Dikkha’s Refund and Withdrawal Policy.

PREMIUM TEACHER - Premium Teacher are the teachers in Dikkha who will utilize premium service from Dikkha platform under the ‘Premium Teacher Agreement’ with Dikkha. A premium teacher must maintain his/ her rating 4 or above.

PRIORITY TEACHER - Priority Teacher are the teachers in Dikkha who will utilize premium service from Dikkha platform under the ‘Priority Teacher Agreement’ with Dikkha. A premium teacher must maintain his/ her rating 3 or above.

PRIVACY POLICY - Means the policy which governs the manner in which Dikkha collects, uses, maintains and discloses information collected from users.

REGISTER - Means to create an account on Dikkha by completing the required form for sign-up.

REQUEST FOR TUTOR - Means the request post for a tutor while stating all requirements needed for the tuition.

REQUISITION - Requisition means the request of the user in the system for the amount to withdraw from the wallet.

SERVICES - Means all the facilities provided by Dikkha to the users in all of its platform.

SSLCOMMERZ - SSLCommerz is the brand of Software Shop Limited from whom we have taken the payment gateway service for external transaction, who are referred as ‘SSL’ here. For SSL, Dikkha acts as Merchant and any individual does any transaction is the Customer.

STUDENT - Refers to any person (natural or legal) who intends to use Dikkha for gaining tuition service (learners).

TEACHER/TUTOR - Refers to any individual who intends to use Dikkha for providing tuition service (educators).

Transaction Discount Rate (TDR) - This is the amount that payment gateway charges to the merchant while transferring the money to merchant account.

TUTOR JOB - Means the status of jobs where a Request for Teacher from a student or guardian is displayed.

TEACHER’S ENDORSEMENT: - Endorsement of teachers done by guardian or student, which will be displayed with the teacher profile.

TEACHER’S RATING: - Rating given Guardian/ Student to the teacher for the tuition job, which will be displayed with the teacher profile.

TDR (Transaction Discount Rate ): - This is the amount that payment gateway charges to the merchant while transferring the money to merchant account.

TDS – Tax Deducted at Source

USERS – Refers to anyone who is registered in Dikkha (including teacher, Guardian, and students) and is able to use the platform.

VAT – Value Added Tax

WALLET – Means the Digital Account of the user in Dikkha for Financial Transaction.

SECTION 1 - ONLINE PLATFORM TERMS

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your Services and We reserve the right to take appropriate legal action.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse services to anyone without showing any reason at any time.

You understand that your content (excluding credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/debit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to Our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

We do not warrant that the quality of services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for the purpose of all transaction made at our platform. You agree to promptly update your account and other information, including your email address and phone numbers, so that we can contact you as needed.

We reserve the right to refuse any transaction you made with us in case any discrepancy arises. We may, in our sole discretion, limit or cancel any service. These may include any internal transaction made using payment gateway. In the event that we make a change to or cancel a transaction, we may attempt to notify you by contacting the e-mail and/or billing address/phone number.

SECTION 7: ROLES ANAD RESPONSIBILITIES OF TEACHER

Teacher in Dikkha Platform is the person who plays key role and will require to maintain the following in addition to the requirements mentioned for any other users.

A teacher must give necessary information for his/her profile which are accurate and up to date during registration. Teacher should update his/her profile time to time as required. We reserve the right and may ask supporting credentials for the validation of the information and may take online interview of the teacher as required. In case of any false or inaccurate information provided by teacher, Dikkha may permanently block such teacher for registration.

Teachers can apply for the job of his/her choice, however it is Dikkha system selection process to match his/her skill with the job and allow that to be viewed by the student/guardian. For the purpose of selection, student/Guardian may request demo class and teacher should agree for minimum one demo class for the purpose.

Standard tutoring process of Dikkha developed considering the secured payment process with Prepaid tuition fee which teacher can claim prior to acceptance of the tuition job. However, if the teacher agree for a post pay tuition job, that will be his sole responsibility to receive the payment for the session.

Teacher will need to maintain classroom booking to get the full service from Dikkha.

Premium teachers will have separate agreement with Dikkha, for which the teacher will be provided with premium service and transaction will be made with separate agreement, mutually agreed with the teacher.

Priority teachers will have separate agreement with Dikkha, for which the teacher will be provided with premium service and transaction will be made with separate agreement, mutually agreed with the teacher.

With registration teacher have agreed to the terms and condition of Dikkha , including refund and withdrawal policy of the system. Online teaching being a service, teacher need to follow any regulatory requirement, including TDS / VAT of any income by his own.

It is the responsibility of the teacher to maintain the ‘Teacher’s Rating’ in his/her profile. The rating will be based on his/her performance and given by the guardian/ student for the job he/ she will be performing. As well, endorsement from guardian or student, which can be given in the tuition record also will be the responsibility of the teacher to maintain.

SECTION 8 - REFUND AND WITDRAWAL POLICY

Wallet Top Up
Dikkha uses payment gateway service from SSL and external transaction for wallet top up is guided by the terms and condition of their policy. TDR amount by default will be taken care by the payment gateway vendor during top up of the wallet , so that net required amount will be available user wallet in Dikkha.

Refund from Wallet
Any refund request from the customer will be followed by SSLCommerz refund policy.

Withdrawal of fund
User will be able to withdraw their available withdrawable amount from their wallet when there is sufficient fund is available. Minimum withdrawal amount is 500 Tk . We will check the amount for any dispute or any deduction required, and will approve for transfer by next three (3) working days. Transfer will be made to the teacher’s given mobile financial account like ‘Bkash’ or ‘Upay’ . For which disbursement to the mobile financial service policy will be followed.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, check the end of this page. Data and information which will be asked throughout the usage of our service must be accurate, valid, truthful and untampered. Any falsification of information provided, will be deemed as a breach of terms and conditions.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Dikkha, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dikkha and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against Us.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bangladesh.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@Dikkha.com