These Terms & Conditions (“Terms”) govern access to and use of the Debsie.com website, app, software, learning platform, communication tools, and related services (collectively, the “Platform”) operated by Adhip Ray (“Debsie,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

If you are accepting these Terms on behalf of a minor/student, school, parent, guardian, or organization, you represent that you have authority to do so.

1. Nature of Debsie’s Service (Marketplace / Technology Platform)

1.1 Debsie is a technology platform and marketplace that may facilitate introductions, scheduling, communication, learning delivery tools, payments, and related coordination between students/parents and independent teachers/coaches (“Coaches”).

1.2 Debsie is not a school, college, university, training institute, tutoring company, employment agency, or staffing provider, and Debsie does not provide educational instruction directly unless expressly stated in writing by Debsie.

1.3 Debsie does not employ Coaches (unless expressly stated in a separate written employment contract signed by Debsie).

1.4 Debsie does not guarantee:

  • any educational outcome,
  • exam results,
  • grades,
  • admissions,
  • scholarships,
  • skill mastery,
  • conduct of any Coach or student,
  • compatibility,
  • safety of off-platform interactions,
  • or uninterrupted service availability.

1.5 Any role Debsie plays in facilitating discovery, scheduling, software access, or payment collection does not create responsibility for the acts/omissions of Coaches, students, parents, or third parties, except to the extent required by non-waivable law.

2. Eligibility; Minors; Parent/Guardian Responsibility

2.1 The Platform may be used by minors only through or with authorization and supervision of a parent/legal guardian or authorized school representative.

2.2 If you are a parent/guardian, you are solely responsible for:

  • reviewing and approving the Coach and learning arrangement,
  • supervising the minor’s use of the Platform and sessions,
  • monitoring communications where appropriate,
  • and ensuring the minor’s safety and wellbeing.

2.3 Debsie may require proof of identity, age, or authority at any time.

2.4 Debsie may suspend or terminate access if we suspect unauthorized use, child-safety risk, fraud, or legal non-compliance.

3. No Vetting / Limited Screening / User Responsibility to Vet

3.1 Unless expressly stated in writing, Debsie does not conduct comprehensive vetting, police verification, background checks, credential verification, employment verification, or independent quality audits of Coaches.

3.2 Debsie may, in its sole discretion, review publicly available information (including profiles, reviews, social proof, portfolios, prior affiliations, or online reputation), but:

  • such review may be limited,
  • may be incomplete,
  • may not be current,
  • and does not amount to endorsement, certification, verification, or guarantee.

3.3 Any references on the Platform or in marketing to “top-rated,” “highly reviewed,” “experienced,” “leading organizations,” or similar descriptions are informational and/or based on third-party/publicly available information and are not warranties by Debsie.

3.4 Students, parents, and guardians are solely responsible for conducting their own due diligence and exercising caution before, during, and after engaging any Coach, including verifying qualifications, identity, suitability, and safety.

3.5 Debsie is not responsible for any loss, harm, misconduct, negligence, misrepresentation, or criminal act by any Coach, student, parent, guardian, or third party, except to the extent non-excludable under applicable law.

4. Coach Status: They are Independent Contractor (No Employment / No Agency)

4.1 Each Coach is and shall remain an independent contractor and not an employee, worker, agent, partner, franchisee, joint venturer, representative, or legal representative of Debsie.

4.2 Nothing in these Terms creates any right to:

  • salary,
  • fixed wages,
  • provident fund,
  • gratuity,
  • insurance,
  • paid leave,
  • bonus,
  • severance,
  • employment benefits,
  • minimum guaranteed work,
  • reimbursement,
  • or any other employee/worker entitlement from Debsie.

4.3 Coaches are solely responsible for:

  • taxes,
  • registrations,
  • statutory filings,
  • licenses,
  • invoices,
  • compliance with local laws,
  • and their own equipment, connectivity, and workspace.

4.4 Coaches have no authority to bind Debsie, make commitments on Debsie’s behalf, represent Debsie as an employer, or make guarantees to users in Debsie’s name.

4.5 Debsie may issue platform rules, quality standards, or conduct expectations for marketplace operation, brand protection, safety, and legal compliance. Such rules do not by themselves create an employment relationship.

5. Coach Conduct, Representations, and Responsibility

5.1 Coaches represent and warrant that they:

  • are legally permitted to provide the services they offer,
  • will not misrepresent qualifications/experience,
  • will not make false claims,
  • will comply with all applicable laws and platform policies,
  • and will conduct themselves professionally and safely.

5.2 Coaches are solely responsible for all content, teaching methods, communications, and services they provide.

5.3 Debsie is not liable for any statement, promise, advice, or representation made by a Coach.

5.4 Debsie may remove, suspend, or de-list a Coach at any time, with or without notice, for any reason or no reason, to the extent permitted by law.

6. Payment Structure, Fees, Commissions, and Changes (Coach + User)

6.1 General

Debsie may facilitate payments, collections, payouts, commissions, platform fees, service fees, taxes, or deductions through the Platform or third-party processors.

6.2 Coach Payouts / Revenue Share / Compensation

Debsie may determine, revise, vary, or restructure at any time (in its sole discretion), including by course, cohort, geography, format, or campaign:

  • Coach payout rates,
  • commission percentages,
  • platform fees,
  • incentive plans,
  • deductions,
  • payout timing,
  • eligibility criteria,
  • bonus structures,
  • and payment conditions.

6.3 Notice of Coach Payment Changes

Where Debsie changes Coach payout structure or rates, Debsie will provide notice to the affected Coach (including by email, dashboard notice, WhatsApp, platform notice, or updated terms/policy posting, at Debsie’s option). Continued use of the Platform or continued provision of services after the effective date constitutes acceptance.

6.4 No Vested Right / No Guaranteed Earnings

Coaches acknowledge they have:

  • no vested right to any past commission structure,
  • no guaranteed minimum earnings,
  • no right to continued access to students,
  • and no right to future payouts except as expressly earned under the then-current terms.

6.5 User Pricing

Debsie may change pricing, subscription fees, package structure, or billing terms for future purchases, renewals, or cycles, subject to applicable law and any mandatory notice requirements.

6.6 Third-Party Processors

Payments may be processed by third parties. Debsie is not responsible for processor delays, bank failures, chargebacks, payment gateway outages, currency conversion losses, or unauthorized transactions beyond Debsie’s direct control.

7. Term Changes; Duty to Review; Continued Use = Acceptance

7.1 Debsie may modify, amend, add, remove, or replace these Terms, policies, rules, guidelines, pricing, payout structures, and platform requirements at any time in its sole discretion.

7.2 Users and Coaches are responsible for regularly checking the latest version of these Terms and related policies.

7.3 Debsie may (but is not obligated to) provide notice of changes through email, dashboard notice, website posting, app notification, WhatsApp, or other communication channels.

7.4 Unless otherwise stated, revised Terms become effective when posted. Continued access or use of the Platform after the effective date constitutes acceptance.

7.5 To the extent required by applicable law, material changes will apply prospectively and/or with notice.

8. User and Coach Content; Communications; Monitoring

8.1 You are solely responsible for content, messages, files, homework, submissions, profile information, reviews, and communications you upload, send, or display.

8.2 Debsie may (but is not obligated to) monitor, review, remove, restrict, or preserve content or communications for safety, legal, platform integrity, policy enforcement, fraud detection, dispute handling, or compliance.

8.3 Debsie is not responsible for failure to monitor any user or Coach, and absence of monitoring does not create liability.

8.4 You grant Debsie a non-exclusive, worldwide, royalty-free license to host, use, reproduce, process, transmit, and display content solely for operating, improving, protecting, and promoting the Platform, subject to the Privacy Policy and applicable law.

9. Prohibited Conduct

You agree not to:

  • use the Platform for unlawful, abusive, harmful, fraudulent, or deceptive purposes;
  • impersonate any person;
  • harass, threaten, exploit, or endanger minors;
  • misrepresent qualifications, reviews, credentials, or affiliations;
  • scrape, reverse engineer, or interfere with the Platform;
  • bypass payment or platform rules where prohibited by Debsie policies;
  • post false, manipulated, or misleading reviews;
  • violate child safety, privacy, or intellectual property rights.

Debsie may investigate and take any action, including suspension, reporting to authorities, or legal action.

10. Educational and Professional Disclaimers

10.1 The Platform and any content/software are provided for educational facilitation and informational purposes.

10.2 Debsie makes no representation or warranty regarding:

  • fitness of any Coach,
  • educational accuracy or appropriateness of coaching content,
  • suitability for a minor,
  • or outcomes from learning sessions.

10.3 Debsie does not provide legal, medical, mental health, or financial advice through the Platform unless expressly stated and legally authorized.

10.4 Parents/guardians are solely responsible for selecting age-appropriate and safe educational arrangements.

11. Third-Party Services; External Links; Off-Platform Activity

11.1 The Platform may integrate with or link to third-party tools/services (video conferencing, messaging apps, payment processors, analytics, AI tools, etc.).

11.2 Debsie is not responsible for:

  • third-party services,
  • their uptime/security/privacy,
  • their policies,
  • or any loss caused by them.

11.3 Any off-platform meeting, communication, payment, or interaction is at your own risk. Debsie accepts no liability for off-platform activity.

12. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR RESULTS.

Debsie does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful components.

13. Limitation of Liability (Strong Form)

13.1 To the maximum extent permitted by law, Debsie and its founders, directors, officers, employees, contractors, affiliates, licensors, partners, and service providers shall not be liable for any:

  • indirect,
  • incidental,
  • consequential,
  • special,
  • exemplary,
  • punitive damages,
  • loss of profits,
  • loss of revenue,
  • loss of data,
  • loss of goodwill,
  • emotional distress,
  • educational loss,
  • exam loss,
  • reputational loss,
  • or substitute service costs,
    arising out of or related to the Platform, any Coach, any student, or these Terms.

13.2 Without limiting the above, Debsie shall not be liable for:

  • acts/omissions or misconduct of Coaches, students, parents, or third parties;
  • quality/suitability of coaching;
  • identity/credentials of any Coach unless expressly verified in writing by Debsie;
  • off-platform interactions;
  • disputes between users and Coaches;
  • payment processor failures;
  • platform downtime;
  • unauthorized access;
  • data loss beyond Debsie’s reasonable control;
  • or force majeure events.

13.3 Aggregate Liability Cap (Consumers): To the maximum extent permitted by law, Debsie’s total aggregate liability to a student/parent/guardian for all claims arising out of or relating to the Platform shall not exceed the lower of:

  • (a) the total fees actually paid by that user to Debsie in the three (3) months preceding the event giving rise to the claim, or
  • (b) INR [5,000] / USD [100] (or equivalent local currency).

13.4 Aggregate Liability Cap (Coaches): To the maximum extent permitted by law, Debsie’s total aggregate liability to a Coach for all claims shall not exceed the total net payouts actually paid by Debsie to that Coach in the three (3) months preceding the event giving rise to the claim.

13.5 Some jurisdictions do not permit limitation/exclusion of certain liabilities. In such cases, the above applies only to the maximum extent legally permitted.

14. User and Coach Indemnity

You agree to defend, indemnify, and hold harmless Debsie and its founders, directors, officers, employees, contractors, affiliates, licensors, and service providers from and against any claims, complaints, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • your use of the Platform;
  • your content, communications, or conduct;
  • your coaching services (if Coach);
  • your interactions with students/Coaches;
  • your breach of these Terms or any policy;
  • your violation of law or third-party rights;
  • your misrepresentations (including credentials, reviews, affiliations, or outcomes).

This indemnity survives suspension/termination.

15. Suspension, Removal, and Termination

15.1 Debsie may suspend, restrict, de-list, remove content, freeze payouts (where reasonably required), or terminate access at any time, with or without notice, for any reason or no reason, including safety, fraud, policy breach, legal risk, complaints, reputational risk, payment issues, or operational decisions.

15.2 Debsie is not liable for any loss of income, leads, students, data, opportunities, or reputation caused by such action, to the maximum extent permitted by law.

15.3 Debsie may retain records and data as required by law, policy enforcement, or legitimate business purposes.

16. Disputes Between Users and Coaches

16.1 Debsie is not a party to disputes between students/parents and Coaches.

16.2 Debsie may (but is not obligated to) assist in communication, issue review, or de-listing decisions.

16.3 Any voluntary assistance by Debsie does not create legal responsibility or waive any rights.

17. Dispute Resolution with Debsie (Mediation + Arbitration)

17.1 Good Faith Discussion: Before formal proceedings, the party raising a dispute shall send written notice to adhip@winsavvy.com, describing the dispute and requested relief. The parties shall attempt good-faith resolution for [30] days.

17.2 Mandatory Mediation: If unresolved, the dispute shall first be submitted to confidential mediation in [Kolkata, West Bengal, India] (or online), administered by a mediator appointed by mutual agreement, failing which by a mediator of our choosing..

17.3 Binding Arbitration: If mediation fails, the dispute shall be finally resolved by confidential binding arbitration under the Arbitration and Conciliation Act, 1996.

17.4 Seat / Venue / Language:

  • Seat of arbitration: [Kolkata, West Bengal, India]
  • Venue: [Kolkata / online / as determined by tribunal]
  • Language: English

17.5 Arbitrator Appointment (safer version):

  • Sole arbitrator appointed by Debsie within [30] days; failing that, appointed in accordance with the rules of [ICA/MCIA/SIAC/other named institution], or as otherwise permitted by applicable law.

17.6 Interim Relief: Nothing prevents Debsie from seeking interim or injunctive relief before a competent court for IP misuse, fraud, confidentiality breach, payment fraud, or urgent harm.

17.7 Class Action Waiver (to extent permitted): Disputes shall be brought only on an individual basis and not as a plaintiff/class member in any purported class or representative action, except where prohibited by law.

17.8 Non-Arbitrable Matters: Matters that are non-arbitrable under applicable law may be brought before competent courts specified in Section 18.

18. Governing Law and Court Jurisdiction

18.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

18.2 Subject to Section 17 (Dispute Resolution), courts at [Kolkata, West Bengal, India] shall have exclusive jurisdiction over non-arbitrable matters, interim relief, and enforcement proceedings, to the maximum extent permitted by law.

18.3 If local consumer law in a user’s jurisdiction grants mandatory rights or venue protections, those rights may apply notwithstanding this clause.

19. Notices and Electronic Communications

19.1 You consent to receive notices electronically, including via email, dashboard notice, app notice, website posting, or messaging channels used for the Platform.

19.2 Notices are deemed given when sent or posted, unless mandatory law requires otherwise.

20. Privacy; Data Protection; Children’s Data

20.1 Use of the Platform is also governed by Debsie’s Privacy Policy.

20.2 You agree to provide only data you are authorized to provide and to obtain all required consents (including parental/guardian consent) before sharing minors’ information.

20.3 Debsie may process personal data to operate, secure, improve, and administer the Platform, subject to applicable law and the Privacy Policy.

20.4 Where required by law, Debsie may require parental consent, age verification, or additional notices for children’s data.

21. Intellectual Property

21.1 Debsie and its licensors own all rights in the Platform, software, branding, logos, interface, and content (excluding user/Coach content).

21.2 You may not copy, reverse engineer, reproduce, distribute, or commercially exploit the Platform except as expressly allowed.

21.3 Feedback provided to Debsie may be used by Debsie without restriction or compensation.

22. Force Majeure

Debsie is not liable for delay, interruption, or failure caused by events beyond reasonable control, including internet outages, cyberattacks, platform hosting issues, natural disasters, strikes, pandemics, war, governmental action, banking interruptions, or third-party service failures.

23. Severability; No Waiver; Assignment

23.1 If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

23.2 Debsie’s failure to enforce any provision is not a waiver.

23.3 Debsie may assign or transfer these Terms or any rights/obligations under them at any time. Users/Coaches may not assign without Debsie’s prior written consent.

24. Entire Agreement; Order of Precedence

These Terms, together with any incorporated policies (Privacy Policy, Refund Policy, Coach Guidelines, Child Safety Policy, etc.), constitute the entire agreement between you and Debsie regarding the Platform.

If a separate written agreement signed by Debsie applies to a Coach or organization, that signed agreement prevails only to the extent of direct conflict.

25. Contact / Legal Notices

Debsie Legal Entity: Adhip Ray
Legal/Disputes Email: adhip@winsavvy.com
Support Email: adhip@winsavvy.com
Phone: (+91)9123003057