Higgs Educators
1.1 These Terms of Service ("Terms") constitute a binding legal agreement (the "Agreement") between Higgs Educators Private Limited, a company incorporated under the Companies Act, 2013 (India), bearing Corporate Identification Number U85499UP2026PTC248228 and having its registered office at House No. 30, Krishnanagar, Orai, Uttar Pradesh, India — 285001 ("Higgs Educators", "we", "us", or "our"), and the Customer who purchases or uses the Services as described in Section 3 below.
1.2 The Agreement is to be read together with the Higgs Educators Privacy Policy and the Higgs Educators Refund and Cancellation Policy, each of which is incorporated into the Agreement by reference and forms an integral part of it.
1.3 By accessing or using the Services, by submitting an enquiry through the Website, by booking or paying for a Course, or by otherwise interacting with Higgs Educators, the Customer represents that they have read, understood, and agreed to be bound by these Terms.
1.4 If the Customer does not agree with any provision of these Terms, the Customer must not use the Services.
1.5 Structure of these Terms. These Terms are divided into two parts:
1.6 Sections 1 (Introduction and Acceptance) and 2 (Definitions and Interpretation) apply to both Part A and Part B. Where a provision in one Part is inconsistent with a provision in the other Part, each provision shall apply only as between the parties addressed in the respective Part.
2.1 In these Terms, capitalised terms shall have the following meanings, unless the context requires otherwise:
2.2 Capitalised terms used in these Terms but not otherwise defined shall have the meanings ascribed to them in the Privacy Policy or the Refund Policy.
2.3 References to a Section are references to a section of these Terms. Headings are inserted for convenience only and shall not affect interpretation. The singular includes the plural and vice versa. References to "in writing" include email.
Part A
Terms Applicable to Parents and Students
3.1 The Agreement is entered into between Higgs Educators Private Limited and the Parent or legal guardian purchasing the Services.
3.2 Where the Student is eighteen (18) years of age or older, the Student may contract directly with Higgs Educators in their own name.
3.3 Students who receive the Services under an Agreement entered into by a Parent are intended beneficiaries of the Agreement but are not contracting parties unless they independently enter into the Agreement as adults under Section 3.2.
4.1.1 Individuals who are eighteen (18) years of age or older may enrol independently in their own name.
4.1.2 Individuals under eighteen (18) years of age must have a Parent or legal guardian enrol and contract on their behalf. By entering into the Agreement, the Parent represents and warrants that they have the legal capacity to do so on behalf of the Student.
4.2.1 The Services may be offered globally, subject to Applicable Law, sanctions regulations, payment-method restrictions, technical limitations, and operational feasibility.
4.2.2 Higgs Educators reserves the right, at its sole discretion, to refuse enrolment from any jurisdiction, country, region, or individual where legal, compliance, safety, operational, or business concerns exist.
5.1 Higgs Educators may offer the following Services from time to time:
5.2 Higgs Educators may add, modify, or discontinue any element of the Services at any time. Where any such change materially affects Services already purchased and paid for, Higgs Educators shall offer the Customer a reasonable alternative or a refund in accordance with the Refund Policy.
6.1.1 Higgs Educators operates a flexible pricing model. Pricing may vary based on factors including but not limited to: the Student's location and country of residence; the curriculum; the grade level; the subject; the tutor's expertise; the package size; promotional offers; scholarship or financial-assistance considerations; market conditions; and the purchasing power in different jurisdictions.
6.1.2 Different Students may therefore be offered different prices for substantially similar Services. The Customer acknowledges and accepts this arrangement.
6.1.3 All pricing communicated by Higgs Educators in writing at the time of purchase shall be binding in respect of the package or subscription so purchased.
6.2.1 Higgs Educators reserves the right to modify, increase, decrease, or restructure its pricing, packages, subscription plans, discounts, promotional offers, and fee schedules at any time in respect of future purchases.
6.2.2 No change to pricing shall affect Services that have already been purchased and paid for, unless otherwise agreed in writing with the Customer.
6.3.1 Payments are processed through the payment providers identified in the Privacy Policy. The Customer is responsible for any currency conversion charges, bank charges, or intermediary-bank charges imposed by the Customer's bank or its correspondent banks.
6.3.2 Where a payment is dishonoured, reversed, or charged back, Higgs Educators may, without prejudice to its other rights and remedies, suspend the Services until the underlying payment is settled.
7.1.1 Classes shall be scheduled by mutual agreement between the Customer and Higgs Educators, using the tools made available through the Wise tutor-management platform or such other means as Higgs Educators may notify.
7.2.1 Rescheduling and cancellation requests must be made at least three (3) hours before the scheduled start time of the relevant Class. Classes cancelled with less notice, or missed without notice, are treated as delivered and deducted from the Customer's Course, subject to the genuine-emergency accommodation set out in the Refund Policy. Detailed rescheduling and no-show provisions are set out in the Refund Policy.
7.2.2 Emergency exceptions may be accommodated at the discretion of Higgs Educators, provided such requests are infrequent, reasonable, and supported by legitimate circumstances.
7.3.1 Unless otherwise specified in writing, purchased Classes, lesson credits, packages, subscriptions, and related educational benefits must be utilised within twelve (12) months from the date of purchase (the "Validity Period").
7.3.2 Any unused Classes, lesson credits, package balances, subscription benefits, recording-access rights, or related benefits remaining after the expiry of the Validity Period shall automatically expire without further notice.
7.3.3 Unused Classes may be refunded in accordance with the Refund Policy only while they remain within the Validity Period.
7.3.4 Expired Classes, lesson credits, package balances, subscriptions, recording-access rights, and related benefits shall not be refundable, transferable, exchangeable, redeemable for cash, or carried forward into a future period unless expressly approved by Higgs Educators in writing.
7.3.5 Higgs Educators may, at its sole discretion, grant extensions to the Validity Period in exceptional circumstances, including serious medical emergencies or other documented situations beyond the reasonable control of the Student or the Parent.
8.1 The Customer and the Student shall not:
8.2 Violation of Section 8.1 may result in the suspension or termination of the Services without refund, to the extent permitted by Applicable Law.
9.1 All Educational Materials, including without limitation recordings, worksheets, notes, presentations, assessments, assignments, teaching methodologies, branding, software, and related content, are and shall remain the exclusive property of Higgs Educators and/or its licensors. All Intellectual Property in the Educational Materials is reserved.
9.2 Subject to the Customer's continuing compliance with the Agreement, Higgs Educators grants the Student a limited, non-exclusive, non-transferable, revocable licence to access and use the Educational Materials solely for the Student's personal, non-commercial educational purposes during the period in which the Student is actively enrolled in the relevant Services.
9.3 Except as expressly permitted by Section 9.2 or with the prior written consent of Higgs Educators, the Customer and the Student shall not:
9.4 Class recordings may be made only by Higgs Educators, its tutors, or its authorised service providers. The Customer and the Student shall not independently record any Class unless expressly authorised in writing by Higgs Educators.
9.5 Access to recordings, Educational Materials, worksheets, assessments, notes, presentations, and related resources is provided solely as a limited, revocable licence for personal educational use during the period of active enrolment. Higgs Educators may suspend, restrict, or revoke such access at any time upon termination, completion, expiration, cancellation, violation of the Agreement, non-payment, or other legitimate business reason.
9.6 The Customer and the Student acknowledge that access to recordings and Educational Materials is a temporary educational benefit and does not create any ownership right or any perpetual right of access.
10.1 Tutors and mentors may provide the Services to Higgs Educators as independent contractors, employees, consultants, or through authorised third-party arrangements.
10.2 At the date of these Terms, the operating model utilises primarily independent contractors. Higgs Educators reserves the right to modify its staffing structure at any time without notice to the Customer.
10.3 Subject to Section 10.4, Higgs Educators is responsible for the delivery of the Services. The conduct of individual tutors is governed by the terms of their engagement with Higgs Educators.
10.4 Higgs Educators uses reasonable endeavours to ensure that tutors are appropriately qualified and to maintain the quality of the Services, but does not warrant the performance of any individual tutor beyond the obligations set out in the Agreement.
11.1 The detailed refund, cancellation, no-show, and rescheduling provisions are set out in the Refund and Cancellation Policy, which is incorporated into and forms part of the Agreement.
11.2 In summary, and without prejudice to the full terms of the Refund Policy:
12.1.1 The Customer may terminate the Services at any time by giving written notice to Higgs Educators. Any refund payable on termination shall be calculated in accordance with the Refund Policy.
12.2.1 Higgs Educators may, by written notice to the Customer, suspend or terminate the Services with immediate effect where:
12.3.1 On termination of the Services:
13.1 Educational outcomes are influenced by numerous factors beyond the control of Higgs Educators, including the Student's effort, attendance, study habits, prior academic background, examination conditions, health, motivation, and external circumstances.
13.2 Accordingly, Higgs Educators does not guarantee, warrant, or represent any of the following: examination results; grades; rank improvements; admissions outcomes; scholarships; employment outcomes; or academic success.
13.3 The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by Applicable Law, all warranties, representations, and conditions not expressly set out in the Agreement are excluded.
14.1 Nothing in the Agreement excludes or limits any liability that cannot be excluded or limited by Applicable Law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
14.2 Subject to Section 14.1, to the maximum extent permitted by Applicable Law, the aggregate liability of Higgs Educators arising out of or in connection with the Services and the Agreement, whether in contract, tort (including negligence), statutory duty, or otherwise, shall not exceed the total fees actually paid by the Customer to Higgs Educators during the twelve (12) months immediately preceding the event giving rise to the claim.
14.3 Subject to Section 14.1, in no event shall Higgs Educators, or any of its directors, officers, employees, contractors, tutors, affiliates, licensors, or service providers, be liable for any of the following types of loss or damage, whether arising in contract, tort (including negligence), statutory duty, or otherwise, and whether or not foreseeable:
14.4 Any claim against Higgs Educators arising out of or in connection with the Services or the Agreement must be brought within six (6) months from the date on which the claim arose, failing which the claim shall be permanently barred to the maximum extent permitted by Applicable Law.
15.1 The Customer shall indemnify and hold harmless Higgs Educators, its directors, officers, employees, contractors, tutors, affiliates, licensors, and service providers, against all losses, damages, costs, claims, and expenses (including reasonable legal fees) arising out of or in connection with:
16.1 Higgs Educators shall not be liable for any delay, interruption, failure, or inability to perform any obligation under the Agreement resulting from events beyond its reasonable control, including (without limitation) acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government action, labour disputes, internet failures, telecommunications failures, cyber-attacks, software failures, power outages, or failures of third-party service providers.
16.2 Where a force majeure event continues for a prolonged period and materially affects the Services, Higgs Educators shall consult with the Customer in good faith about the way forward, which may include rescheduling, substitution, or refund of any undelivered Classes in accordance with the Refund Policy.
17.1 The processing of Personal Information about the Customer, the Student, and any other Data Subject in connection with the Services is governed by the Privacy Policy.
17.2 By entering into the Agreement, the Customer acknowledges that they have read the Privacy Policy and agrees to the processing of Personal Information as described therein.
18.1 Higgs Educators may amend these Terms from time to time. Where the amendment is material, Higgs Educators shall (a) update the "Last Updated" date at the head of these Terms, (b) post the amended Terms at the Website, and (c) where Higgs Educators holds the Customer's email address, notify the Customer by email at least seven (7) days before the amended Terms take effect.
18.2 Continued use of the Services after the effective date of the amended Terms shall constitute acceptance of the amendment. A Customer who does not agree to an amendment may terminate the Services in accordance with Section 12.1 and request a refund in accordance with the Refund Policy.
19.1 Any notice required or permitted to be given under the Agreement shall be in writing and shall be sent:
19.2 Notices shall be deemed to have been duly given (a) on the next Business Day in the case of email, or (b) five (5) Business Days after posting in the case of post.
20.1 The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, shall be governed by, and construed in accordance with, the laws of India.
20.2 Any dispute, controversy, or claim arising out of or relating to the Agreement (a "Dispute") shall first be attempted to be resolved through good-faith negotiations between the parties. The parties shall use reasonable endeavours to resolve the Dispute by amicable discussion within thirty (30) days of one party giving written notice to the other party of the existence of the Dispute.
20.3 If a Dispute cannot be resolved amicably within the period referred to in Section 20.2, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted before a sole arbitrator. The seat and venue of arbitration shall be New Delhi, India. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties.
20.4 Subject to the foregoing, the courts located in New Delhi, India shall have exclusive jurisdiction over any matter relating to the Agreement, including the enforcement of any arbitral award and the grant of any interim or interlocutory relief.
21.1.1 The Agreement, comprising these Terms, the Privacy Policy, the Refund Policy, and any order confirmation issued by Higgs Educators, constitutes the entire agreement between the parties in relation to its subject matter and supersedes any prior agreement or understanding, whether written or oral.
21.2.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected, and the provision in question shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its substance.
21.3.1 No failure or delay by Higgs Educators in exercising any right under the Agreement shall operate as a waiver of that right, nor shall any single or partial exercise of any right preclude any further exercise of that right or the exercise of any other right.
21.4.1 The Customer may not assign, transfer, or sub-contract any of its rights or obligations under the Agreement without the prior written consent of Higgs Educators.
21.4.2 Higgs Educators may assign, transfer, or sub-contract any of its rights or obligations under the Agreement to (i) any successor entity in the context of a corporate transaction, or (ii) any third-party service provider acting on its behalf, in each case subject to maintaining at least the same level of protection for the Customer's rights under the Agreement.
21.5.1 Nothing in the Agreement shall create a partnership, joint venture, agency, or employment relationship between the Customer and Higgs Educators.
21.6.1 Save in respect of the Student where Section 3.3 applies, no person who is not a party to the Agreement shall have any right to enforce any term of the Agreement.
21.7.1 The Agreement is in the English language. Any translation provided for convenience shall not be binding.
22.1 Any question, request, or notice concerning these Terms may be addressed to Higgs Educators at:
Part B
Terms Applicable to Tutors and Mentors
23.1 This Part B applies to each Tutor and governs the engagement under which the Tutor delivers the Tutor Services to Higgs Educators.
23.2 The Tutor accepts these Terms (and in particular this Part B) by any of the following: (a) executing an engagement letter or other written engagement document with Higgs Educators that references these Terms; (b) commencing the performance of any Tutor Services; or (c) logging into the Wise Live platform under credentials issued by Higgs Educators.
23.3 In addition to this Part B, Sections 1 (Introduction and Acceptance) and 2 (Definitions and Interpretation) apply to the Tutor. The general provisions in Part A relating to Force Majeure (Section 16), Modifications to These Terms (Section 18), Notices (Section 19), Governing Law and Dispute Resolution (Section 20), and Miscellaneous (Section 21) shall apply mutatis mutandis to the Tutor and to the engagement under this Part B.
24.1 The Tutor is engaged by Higgs Educators as an independent contractor. Nothing in this Part B creates a relationship of employment, agency, partnership, or joint venture between the Tutor and Higgs Educators.
24.2 The Tutor is solely responsible for: (a) the payment of all taxes, social-security contributions, and other statutory levies arising on the payments received from Higgs Educators; (b) the provision of their own equipment, software (other than the Wise Live platform access provided by Higgs Educators), internet connection, and quiet teaching environment, unless agreed otherwise in writing; and (c) compliance with the laws of their own jurisdiction in providing the Tutor Services.
24.3 The Tutor shall not hold themselves out as an employee, partner, or authorised representative of Higgs Educators except in the limited capacity of a Tutor engaged to deliver the Tutor Services.
25.1 The Tutor shall:
26.1 The Tutor shall provide reasonable advance notice of their availability and unavailability through the Wise Live platform.
26.2 Where a Tutor will be unable to deliver a previously scheduled Class, the Tutor shall give Higgs Educators not less than forty-eight (48) hours' prior written notice, save in cases of genuine emergency.
26.3 Where a Tutor cannot deliver a scheduled Class, Higgs Educators may arrange a substitute Tutor and may adjust the payment to the original Tutor accordingly.
27.1 The Tutor's compensation — including rate, basis (per Class, per hour, or otherwise), currency, and payment cadence — shall be specified in the Tutor's engagement letter or in the Wise Live platform settings applicable to the Tutor. In the absence of any specific provision in the engagement letter, the default cadence is monthly, the default basis is per Class delivered, and the default currency is the currency specified in the Tutor's Wise Live payout settings.
27.2 Payments to Tutors shall be made through the payout functionality of the Wise Live platform, unless an alternative method is agreed in writing.
27.3 The Tutor is solely responsible for all applicable taxes, deductions, and statutory contributions on the amounts received under this Section 27. Higgs Educators shall not be liable for any tax liability of the Tutor.
27.4 Higgs Educators may set off, against any amount payable to the Tutor, any sum lawfully owed by the Tutor to Higgs Educators.
27.5 For the avoidance of doubt, a Class is payable to the Tutor only where the Class is actually conducted with the Student in attendance. A Class forfeited by the Customer by reason of a no-show or late cancellation under the Refund Policy shall not, of itself, be payable to the Tutor, unless Higgs Educators determines otherwise in a particular case.
28.1 The Tutor shall conduct themselves at all times in a professional, courteous, and child-appropriate manner.
28.2 The Tutor shall not, in connection with the engagement:
28.3 The Tutor shall comply with the Higgs Educators Child Safeguarding Policy and any other operational, conduct, or safeguarding policies notified by Higgs Educators from time to time.
28.4 The Tutor shall promptly report to Higgs Educators any concern about the safety, well-being, or behaviour of a Student, and any incident which gives rise to a safeguarding concern. Failure to report shall constitute a material breach of this Part B.
29.1 Premium-track Classes are recorded through the integrated Zoom service of the Wise Live platform; Standard-track Classes delivered through Google Meet are not recorded by default, as described in Section 19 of the Privacy Policy. By accepting this Part B, the Tutor consents to such recordings as are made being used for the purposes set out in Section 19 of the Privacy Policy.
29.2 The Tutor shall not independently record any Class, save with the prior written authorisation of Higgs Educators.
29.3 Educational Materials made available to the Tutor by Higgs Educators are licensed to the Tutor solely for the purpose of delivering the Tutor Services. The Tutor shall not retain, copy, distribute, or use any such material after the end of the engagement, save as expressly permitted by Higgs Educators.
30.1 All Intellectual Property in Tutor Work shall vest in Higgs Educators upon creation. To the extent any such Intellectual Property does not vest in Higgs Educators by operation of law, the Tutor hereby assigns to Higgs Educators, by way of present assignment of future rights, all such Intellectual Property, with full title guarantee and free from any third-party right.
30.2 The Tutor's pre-existing Intellectual Property (including the Tutor's own teaching methodology, templates, and resources developed prior to the engagement) shall remain the property of the Tutor. Where any such pre-existing material is incorporated into Tutor Work, the Tutor grants Higgs Educators a perpetual, royalty-free, worldwide, non-exclusive licence to use that material for the purposes of operating the Services.
30.3 The Tutor grants Higgs Educators a non-exclusive licence to use the Tutor's name, likeness, qualifications, and biography for the purposes of marketing the Services, subject to the Tutor's right to withdraw such consent on reasonable written notice.
30.4 The Tutor shall, at Higgs Educators' reasonable request and cost, execute such further documents and do such further acts as may be reasonably necessary to perfect the assignments and licences contemplated by this Section 30.
31.1 The Tutor shall treat as strictly confidential all information about Higgs Educators, its Students, Parents, mentors, business affairs, pricing, methodologies, and operations that the Tutor obtains in connection with the engagement (the "Confidential Information"). The Tutor shall not, save as strictly necessary for the performance of the Tutor Services or as required by law, disclose any Confidential Information to any third party.
31.2 The Tutor shall handle Personal Information about Students and Parents in accordance with the Higgs Educators Privacy Policy, with these Terms, and with Applicable Data Protection Law.
31.3 The Tutor shall not retain any Personal Information about Students or Parents after the end of the engagement and shall, upon Higgs Educators' request, certify in writing the deletion or return of such information.
31.4 The Tutor shall notify Higgs Educators promptly, and in any event within twenty-four (24) hours of awareness, of any actual or suspected personal-data breach, unauthorised disclosure of Personal Information, or loss of any device on which Personal Information has been processed.
32.1 The Tutor warrants and represents to Higgs Educators that:
33.1 During the engagement, and for a period of twelve (12) months after its termination (the "Restricted Period"), the Tutor shall not, directly or indirectly:
33.2 For the avoidance of doubt, this Section 33 does not restrict the Tutor's right to provide tutoring services generally, including to Parents and Students with whom the Tutor had a separate, pre-existing relationship that was not established through Higgs Educators.
34.1 The Tutor shall indemnify and hold harmless Higgs Educators, its directors, officers, employees, contractors, affiliates, licensors, and service providers, against all losses, damages, costs, claims, and expenses (including reasonable legal fees) arising out of or in connection with:
35.1 Either Higgs Educators or the Tutor may terminate the engagement by giving the other party not less than fourteen (14) days' prior written notice.
35.2 Higgs Educators may terminate the engagement with immediate effect by written notice to the Tutor where:
35.3 The Tutor may terminate the engagement with immediate effect by written notice to Higgs Educators where Higgs Educators is in material breach of this Part B and has failed to remedy that breach within thirty (30) days of receiving written notice of it from the Tutor.
36.1 On the termination of the engagement for any reason, the Tutor shall: