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TERMS AND CONDITIONS

(Relating to the use of the First Tutors Website)

We are EduNation Limited, a company incorporated in England and Wales under registration number 06071367. Our registered office is Summerdale Head Dyke Lane, Pilling, Preston, Lancashire, United Kingdom, PR3 6SJ but our principal place of business is 34 New House, 67-68 Hatton Garden, London, United Kingdom, EC1N 8JY. Our VAT number is 979 0593 63.

This document (Terms) sets out the terms and conditions on which we provide our First Tutors website (Website) and the services available through the Website (Services) to you as a user of the Website or the Services (User, you or your). By using the Website or our Services or registering with us, you are confirming that you agree to these Terms so please take the time to read and understand them.

If you use the Website or the Services to offer your services as a tutor, references in these Terms to Tutor apply to you (in particular paragraph 4). If you use the Website or the Services to help you to find a Tutor, references in these Terms to Tutee apply to you (in particular paragraph 3). If you use the Website or the Services to provide services via a different form than a Tutor, references in these Terms to Company or Companies apply to you (for example Company or Companies shall include but not be limited to advertisers and learning centres). Some provisions in these Terms are expressly stated to apply only to Tutors or Companies. All other provisions in these Terms apply to all Users (in particular, since Tutee-level access is available to all Tutors, the provisions of paragraph 3 apply to Tutors as well as Tutees).

You should be aware that these Terms may change from time to time in accordance with paragraph 10.4.

IMPORTANT: You must ensure that the e-mail address and other contact details (such as postal address, postcode and telephone number) we hold for you are kept up-to-date. We may need to contact you for important messages. If you change your contact details you must inform us of the new details through your account settings.

1. Interpretation

   1. In these Terms, Tuition Arrangement means an arrangement for a Tutor to perform services for a Tutee as agreed between the Tutor and the Tutee.
   2. In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
   3. All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
   4. These Terms supersede all previous terms of business.
   5. In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase "without limitation".

2. Our Services

   1. The Website and our Services are provided to help individuals and families access private tuition, and to help private tutors to offer their services to such individuals and families. Unless expressly stated the Website and our Services are not provided to education-related companies, agencies, schools and other organisations (together, Organisations). With the exception of services offered in accordance with Section 5 your registration confirms that you are not an Organisation and that you will not use the Website or our Services to seek or provide education-related services on behalf of any Organisation. We do, however, welcome enquiries from Organisations wishing to work with us and any such enquiries should be directed to us using our contact details as set out on the Website.
   2. Our Services include the following (for full details of each Service, please see the Website):
      1. Our standard service whereby Tutors may register their details with us and Tutees may browse registered Tutors and request (and, where the Tutor accepts, obtain) a Tutor's contact information for the purpose of setting up a Tuition Arrangement (Standard Service).
      2. A streamlined version of our Standard Service whereby Tutees can purchase access to a Tutor's contact details at the outset, without the need to wait for the Tutor's acceptance (Quick-Buy Service).
      3. Our Companies service whereby Companies may register their details with us and Tutees may browse registered their courses and request to be placed in contact for the purpose of setting up a Tuition Arrangement (Companies Service).
      4. A subscription service for Tutors whereby they can access information about the tutoring market in their area (Premium Tutor Service).
   3. Our Standard Service and our Quick-Buy Service are services for the provision of Tutors' contact details. The relevant Service is fulfilled once those contact details have been provided.

3. Provisions that specifically apply to Tutees

   If you are a Tutee or if, as a Tutor, you enjoy Tutee-level access, the following provisions in paragraph 3 apply to you.

   1. Each time you opt to purchase a Tutor's contact details (whether through the Standard Service or Quick-Buy Service), a binding contract is formed between you and us on these Terms. The Services we provide under that contract include the gathering of information about the Tutor in accordance with paragraph 3.3 and the provision of the Tutor's contact details, in exchange for your payment to us. We begin providing our Services immediately after you opt to purchase and you acknowledge that, from that point, you shall not be able to cancel your purchase and request a refund, except in the circumstances described in paragraph 3.6.
   2. You and your Tutor are responsible for agreeing all matters relating to the timing, location and duration of individual lessons.
   3. Before we provide a Tutor's contact details to you, we will have undertaken a suitability assessment of that Tutor which includes collecting copies of certain basic information submitted by the Tutor in relation to their identity, experience, training, qualifications (as indicated on their tutor profiles), references (Credentials). Due to the number of Tutors using our Services, it is not reasonably practicable for us to check all the Credentials of each Tutor on your behalf, and we cannot do so. For this reason, we cannot guarantee that the information submitted by the Tutor is accurate. We shall not be responsible for any failure of the Tutor to provide you with satisfactory evidence to support the statements on the Tutor's profile as to their Credentials. You should always check carefully all relevant information and documents in relation to a Tutor before you choose to enter into a Tuition Arrangement with that Tutor. It is your responsibility to verify the Credentials of any Tutor with whom you enter into or propose to enter into an arrangement for tuition services. We require tutors to present you with an original photographic identity document and their qualifications as claimed on their tutor profile at your first Tuition Arrangement and we recommend that you ask to see this in any event.
   4. Your Tutor is self-employed. You accept that your contract for tuition services is with the Tutor and not with us. We are not a party to such a contract and are not responsible for the performance of any obligations agreed or impliedly agreed through actions between yourself and the Tutor (including, but not limited to, the arrangements you make to enable your Tutor to teach the Tutee, such as leaving the Tutee in the sole care of the Tutor).
   5. Before we supply a Tutor's contact details to you, you may be required to submit and confirm information in relation to yourself, your tuition requirements and the terms on which you would be prepared to engage a Tutor to provide tuition services. You agree to supply such information and consent to it being shared with potential Tutors.
   6. In the extremely unlikely event that:
      1. none of the contact details we provide to you in relation to a Tutor were accurate and up-to-date at the time we provided them to you, you must notify us of this within 10 days of subscribing for the Standard Service or Quick-Buy Service that this is the case and you shall be entitled to a refund of the fees you have paid; or
      2. your Tutor does not turn up for your first Tuition Arrangement and you do not want to reschedule the lesson with that Tutor or you cannot find another suitable date when both you and your Tutor are available for your first Tuition Arrangement, you must notify us of this within 10 days of the no-show / non-agreement of date, and we will refund you the Standard Service or Quick-Buy Service fees you have paid subject to you leaving feedback in your member's area to raise a dispute and us agreeing your claim is valid. We do ask all tutors to respond to such claims. If you notify us more than 10 days after the Tutor's no-show / non-agreement of date, any such refunds shall be subject to our discretion; or
      3. your Tutor's Credentials (as defined in paragraph 3.3) prove unsatisfactory, you must notify us of this within 10 days of your first Tuition Arrangement that this is the case and you shall be entitled to a refund of the Standard Service or Quick-Buy Service fees you have paid.
      4. your Tutor does not turn up once you have begun an agreed course of Tuition Arrangements with that Tutor, you must notify us of this within 10 days of your Tutor's first no show occurring and we will look into this on your behalf. Any such refund shall be subject to our discretion.
   7. If you think you are entitled to a refund, please contact us with full details and evidence of the reason for the refund request. You will need to give us at least 30 calendar days' notice in writing if you require a refund by providing feedback via our feedback complaint process to the Tutor so that your refund claim can be verified. In the event that the Tutor does not respond within 10 days of your feedback being posted, we will assume you are correct and you shall be entitled to a refund of the fees you have paid.
   8. We will reimburse you using the same means of payment as you used for the initial transaction.
   9. We do not provide refunds in the event that you:
      1. do not feel that your Tutor is a good match;
      2. do not use the contact details for the Tutor that you purchased.
   10. Where you have used the Standard Service to purchase a Tutor's contact details, in the event that the Tutor is not then available in the manner that was suggested by the Tutor via the Website when you purchased the Tutor's contact details, you should:
       1. contact us to inform us; and
       2. submit feedback on the Tutor explaining the problem.
   11. Provided that you have fulfilled these requirements, and without prejudice to paragraph 9.7, we shall then, at no additional cost to you, use our reasonable efforts to try to help you source an alternative Tutor to provide equivalent tuition services.
   12. You must notify us within 72 hours of initial contact with your chosen Tutor if you experience a problem scheduling a lesson with him or her, so that we can provide you with the contact details of a substitute Tutor.
   13. You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the Website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the Tutee for the purposes of these Terms.
   14. You are responsible for verifying the Credentials of the Tutor with whom you enter into or propose to enter into a contract for tuition services.
   15. You accept that EduNation Limited or First Tutors shall have no responsibility or liability for your welfare at any time whilst you are engaging in a Tuition Arrangement, save as may not be excluded by law. This applies irrespective of where you are receiving your tuition. For example, deciding to receive tuition at a Tutor's home or office is a decision made at your own risk.
       1. The personal well-being of all Tutees is paramount, Tutees under the age of 18 should not be left in the sole care of the Tutor, and a parent or guardian must always be present for the duration of a tuition session irrespective of where the tuition is delivered.
       2. Tutees over the age of 18 should inform a friend or relative of his / her tuition plans, including the provision to a friend or relative of the name of the tutor, times of tuition and the location that the tuition is to be provided at.
   16. Whilst we expect all Tutors to provide a learning environment that is suitable for the provision of a Tuition Arrangement, we cannot be held liable if a Tutor's own venue does not meet with your expectations.
   17. The following Terms apply to the Companies Service:
       1. The Website also contains information about and links to Companies (as defined at the outset of these terms). For clarity, Companies are not individual independent Tutors. The inclusion of Companies on the Website, as well as individual independent Tutors, is designed to provide Tutees with another path to finding the form of tuition that best suits them.
       2. Companies are independent entities in their own right and are not formerly connected to First Tutors or to EduNation Limited. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership between on the one hand EduNation Limited and First Tutors, and on the other hand any Company, nor shall anything in these Terms constitute that any party is the agent of the other party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
       3. First Tutors does not charge potential Tutees for making contact with a Company.
       4. Whilst First Tutors expects Companies to provide their services in venues that are fit for purpose and to provide excellent tuition, First Tutors cannot be held liable (save as may not be excluded by law) for venues or tuition services that do not meet with your expectations. By using this Website to facilitate contact with and services from a Company, you accept that you have a contract with the Company or Companies that you chose, not with First Tutors, and that any claim you wish to bring is to be brought against the relevant Company. For the avoidance of doubt, the making of an enquiry directly with a Company does not in and of itself constitute the formation of a contract with that Company.
       5. In addition to paragraph 3.17.4, in the event that a Company fails to provide you with a service commensurate with your reasonable expectations you may provide First Tutors with your feedback, strictly on the understanding that First Tutors have no liability to you for the service provided by the relevant Company. First Tutors will exercise its discretion over whether or not to publish the feedback.
       6. Companies are under a duty to present themselves in a lawful, honest and accurate manner, and in such a way so as not to mislead a Tutee. In the event that you discover this not to be the case please inform us. Whilst we would be extremely concerned to discover that a Company has not lived up to this duty, First Tutors cannot be held liable for any losses incurred as a consequence of the actions of the offending Company which is of course an independent entity to First Tutors and the party with which you as Tutee have a contract.
       7. By using this Website and these accompanying Terms generally, you specifically consent to our passing on of your contact details to the relevant Company.

4. Provisions that specifically apply to Tutors

   If you are a Tutor, the following provisions in paragraph 4 apply to you. If you are not a Tutor, these provisions do not apply to you.

   1. You promise to us that you are at least eighteen years of age and can (and will on request) provide electronic scanned copies of any references, or proof of qualifications and experience, as claimed in your profile.
   2. We do not accept any ID documentation, or qualification certificates via post and shall not be held responsible in the event that you send these to us and they end up getting lost.
   3. You shall accept full responsibility for the prices quoted for your tuition services on the Website. You shall make clear whether or not Tax is applicable to the prices you quote, and if it is applicable you shall clearly state the amount that Tax comprises in addition to the amount to be charged for the provision of your services which shall of course also be clearly stated. If you are providing the Standard Service or Quick-Buy Service you shall be responsible for the collection of all fees due to you from your Tutee(s) and shall not seek to recover any payment in relation to your tuition services from us.
   4. In responding to feedback from Tutees posted on the Website, you shall not be personally abusive about a Tutee or anyone else.
   5. You acknowledge that Tutees are entitled to submit feedback in relation to you, your profile and your tuition services. Tutees can submit scores out of five and written comments. You cannot control whether or not scores submitted by Tutees will be published. You are, however, entitled to determine whether or not comments in relation to you should be publicly viewable. When a Tutee submits a comment via the Website, you will be sent a message showing the score and the comment. You must then approve or decline the comment within three weeks. If you decline, it will not be made publicly viewable. If you do not take any action within such three weeks, where the score is three out of five or above, the comment will be published in full or, where the score is two out of five or less, the comment will not be published.
   6. You acknowledge that we retain the right to remove or edit feedback where we see appropriate in occasional cases. We do not intervene with Tutor / Tutee disputes in relation to feedback left on your profile but you have the option to reply to the feedback and also to contact us regarding any query you may have.
   7. We shall be entitled to charge you a cancellation fee in the event that you cancel a Tuition Agreement with a Tutee where the Tuition Arrangement forms part of an agreed schedule of lessons, and the Tutee asks us to refund them the cost of purchasing your contact details.
   8. We shall also be entitled to charge you a cancellation fee in the event that your Tutee contacts us to let us know that your Credentials (as defined in paragraph 3.3) are unsatisfactory.
   9. In the event that a Tutee contacts us to request a refund, we will ask them to provide feedback via our feedback complaint process, stating the reason for the refund request. If you do not respond to this feedback within 10 days of the feedback being posted on our Website, we shall assume the Tutee is correct and you will be charged a cancellation fee which equates to the full cost of refunding the Tutee.
   10. You acknowledge that you are not an employee of ours or any of our affiliated companies and you accept full responsibility for all Income Tax, National Insurance and other taxation or employment-related responsibilities arising in connection with your involvement in any Tuition Arrangement. Accordingly, you agree to indemnify EduNation Limited and First Tutors, without limit and on an ongoing basis, in respect of any Income Tax, National Insurance, social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your Engagements with First Tutors. You shall further indemnify EduNation Limited and First Tutors against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by EduNation Limited or First Tutors in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
   11. You acknowledge that your details may be provided to a Tutee via our Standard Service or Quick-Buy Service, but that Tutees are under no commitment to undertake any Tuition Arrangement simply by virtue of them having obtained your details from us via those Services. If you only wish your contact details to be available via the Standard Service (i.e. in cases where you have accepted a request), you can switch off your availability for Quick-Buy Service customers through your account settings.
   12. You acknowledge that your tutor profile and some details entered by you on the Website will be publicly visible and may appear in search engine results. If you do not want such information to appear in search engine results you should deselect the option in your account settings in which case we will use reasonable endeavours to try to avoid such information appearing in search engine results but in any case we are not responsible for search engine results provided by third parties.
   13. You shall respond to all enquiries from Tutees within 14 days of receipt. We may switch off the profiles of tutors who do not reply to enquiries.
   14. You shall at all times conduct yourself (in line with our Code of Conduct for Tutors, which can be found in your member's area) in a professional manner fitting of a tutor both in your dealings with us and your Tutees. Additionally, your agreeing to provide the venue for a Tuition Arrangement, shall be considered as your warranting to First Tutors that said venue shall be clean, presentable, in compliance with applicable law including but not limited to health and safety legislation and shall be generally fit for purpose, and you agree to indemnify EduNation Limited and First Tutors in this regard.
   15. If you subscribe to our Premium Tutor Service, the following provisions apply:
       1. Tutors can subscribe online by clicking the subscribe button in their member's area. If you subscribe to our Premium Tutor Service, we will set up a recurring card payment permitting us to take a fixed fee per month on the first day of each month (Premium Tutor Monthly Fee).
       2. To terminate your subscription to the Premium Tutor Service you will need to provide us with not less than three days' notice by contacting us and stating that you wish to withdraw from the Premium Tutor Service
       3. When you subscribe for the Premium Tutor Service, a binding contract is formed between you and us on these Terms. The Services we provide under that contract include the making available of market information, in exchange for your payment to us of the subscription payments. That information is made available to you immediately after you subscribe for the Premium Tutor Service and you acknowledge that, from that point, if you choose to cancel your subscription to the Premium Tutor Service, you will be entitled to a pro-rata refund of the Premium Tutor Monthly Fee you have paid (no refund shall be made for Services already provided), except in the circumstances described in paragraph 10.4.
       4. You agree not to publish or disclose to others the market information that we make available to you via the Premium Tutor Service, except in confidence to your professional advisers or as may be required by law or by the decision of a court or other body with authority.
       5. You agree not to share your login details for the Premium Tutor Service with others, or otherwise to enable others to access the Service via your account. If multiple people within your organisation would like to have access to the Premium Tutor Service, you should arrange for a separate subscription for each of those people.
       6. Due to relevant technical constraints, your use of certain features of the Premium Tutor Service may be subject to fair use restrictions. When using the search and graph functions of the Premium Tutor Service, for best results, you should try to limit your requested search and graph parameters to the information you really need. If you try to use those functions to access a very broad set of information over a large geographical area, the information may not be made available due to fair use restrictions.
       7. If your access to the Standard Service is terminated, some of the features of the Premium Tutor Service may not be fully available to you or may not function in the same way as they would whilst your access to the Standard Service continued. For example, searches and graphics for information about your pricing relevant to the pricing of other Tutors may not be fully available because, when your access to the Standard Service is terminated, your pricing information would no longer be listed.
       8. Where advanced payments have been made, we may make a pro-rata refund for the remainder of the Services not yet used or provided at our discretion. For clarity no refund shall be made for Services already provided.
       9. Subscribing to the Premium Tutor Service does not relieve you of your obligation to respond to all Tutees in accordance with paragraph 4.13. We shall switch off your listings if you do not respond within this time-frame.
       10. Without limiting our other rights or remedies as more particularly set out in paragraph 9.11, in the event that you are found to be in breach of paragraphs 4.13, 4.14, 4.15.4 or 4.15.5, we may terminate your contract with us with immediate effect by giving you written notice. We shall be under no obligation to provide you with a refund of the Premium Tutor Monthly Fee(s) you have paid.
   16. You warrant that at no time shall you directly or indirectly suggest to a Tutee that he or she apply for a refund on any booking for Tuition Arrangements that a Tutee has made through First Tutors. Nor shall you facilitate, or provide, the continuation of tutoring (where the tutoring is not via First Tutors) to a Tutee who has applied for (or received) a refund from First Tutors. In the event of your breach of this paragraph, we reserve the right to invoice you for the relevant refunded booking as well as for any costs that we have reasonably incurred as a consequence of your breach of this paragraph. The prohibition on your provision of tuition services to a tutee who has applied for (or received) a refund as outlined within this provision, shall apply for the period of 12 weeks from our receipt of a written request for a refund from the tutee.
   17. You accept that EduNation Limited or First Tutors shall have no responsibility or liability for your welfare at any time whilst you are delivering a Tuition Arrangement, save as may not be excluded by law.
   18. In the event that you provide defamatory, untrue, inaccurate or malicious feedback about First Tutors (including for example through a web based review site or on social media), we reserve the right to terminate our arrangement with you without notice and without liability. Where advance payment for Services has been made, we may make a pro-rata refund for the remainder of the Services not yet used or provided, but for clarity no refund shall be made for Services already provided.
   19. You shall have personal liability for and shall indemnify EduNation Limited and First Tutors for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of these Terms including any negligent or reckless act, omission or default in the provision your services and accordingly you shall maintain in force during your engagement full and comprehensive insurance policies commensurate with your obligations under these Terms.
   20. In the event that a Tutor has been contacted by a third party organisation, First Tutors is unable to accept any responsibility or liability for any losses that may be incurred as a consequence.
   21. You warrant that you will provide your services through the one-to-one tuition section of the website as an independent tutor seeking work as a work seeker and not as a Company. You accept that Companies should advertise their learning centres and group classes in the Companies section of the website as outlined elsewhere within these Terms. It may be that you tutor independently whilst also running a tuition centre (or similar), if this is the case your profile must reflect only that you are offering services as an independent individual tutor and not in any other capacity. You accept that your profile may not be used to promote any other business activity with which you are involved.
   22. Tutors discovered to be soliciting work (in breach of paragraph 4.21) for their own tuition centres (or similar) through the one-to-one listings may have their profiles deleted (without notice and without liability) and may instead be invited to advertise their services as a Company.
   23. By using this Website and these accompanying terms generally, you warrant that you are offering services solely as an independent Tutor and not as a Company (as defined at the outset of these Terms). In the event that the manner in which you provide your services changes and you are no longer providing your services as an independent Tutor, you will notify us in writing as soon as that change occurs.

5. Provisions that specifically apply to Companies

   1. The Website also contains information about and links to Companies, as defined at the outset of these terms. For clarity, Companies are not individual independent Tutors. The inclusion of Companies on the Website, as well as individual independent Tutors, is designed to provide Tutees with another path to finding the form of tuition that best suits them.
   2. Companies are independent entities in their own right and are not formerly connected to First Tutors or to EduNation Limited. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership between on the one hand EduNation Limited and First Tutors, and on the other hand any Company, nor shall anything in these Terms constitute that any party is the agent of the other party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
   3. As a Company using the Services provided by the Website, you agree that any information provided to us about your organisation, upon registration and throughout any engagement with First Tutors will be true, accurate, up to date and complete. First Tutors reserves the right to terminate without notice and without liability, a membership and its accompanying access to the Website if we discover that you have provided us with false or misleading information, or if you are using your access to the Website for any purpose other than the purpose for which we have granted you access. No refunds are payable in these circumstances.
   4. Tutees are not charged a fee by First Tutors for making contact with a Company. The Company and Tutee will agree the fee for the provision of any tuition between them on a case by case basis.
   5. Companies will agree an advance fee with First Tutors, as consideration for (i) exposure on and (ii) leads generated via the Website. A proportion of the advance fee is to cover future leads generated by the Website. As the Company has paid in advance for leads that it receives, First Tutors will provide the Company with a debit against the Company's account with First Tutors, on each occasion that a recognised lead has occurred. First Tutors does not guarantee a minimum number of leads.
   6. If a Company has reason to believe that is has received a fraudulent and / or duplicate lead, it should raise a written query with First Tutors no later than 5 days from receipt of the lead. On receipt of the written query First Tutors will investigate the circumstances surrounding the lead and report its findings to the Company. In the event of the lead proving to be fraudulent and / or duplicate, First Tutors will add a credit to the Company's account, said credit to be commensurate with the amount previously debited for the fraudulent and / or duplicate lead, the account credit will be made within 14 days of First Tutors confirming its findings. In the event that First Tutors (acting reasonably) determines that the lead was a genuine lead, no credit shall be made. First Tutors's decision shall be final.
   7. First Tutors will only charge a Company for leads containing a postal address and / or telephone number and / or validated e-mail address. The Company accepts that it is its own responsibility (and not the responsibility of First Tutors) to verify a lead.
   8. Once a Company has placed an order for Website exposure and lead generation, it shall not be entitled to a refund (subject to paragraph 5.6).
   9. By using the Website, Companies accept these Terms in their entirety, including their obligation to participate in First Tutors's feedback programme as outlined within these Terms.
   10. Companies warrant to First Tutors that they will act in a professional manner, provide venues that are fit for purpose, are and will at all times remain compliant with applicable law (including but not limited to health and safety law) and work within industry standards at all times, and further that Tutees will receive honest and transparent quotes for their services on each occasion that an enquiry is made. Where applicable, quotes shall state that Value Added Tax is payable and shall clearly express the amount of Value Added Tax that is to be paid. In the event that First Tutors receives negative feedback from Tutees relating to the service received from a Company (including but not limited to information received about pricing structures), First Tutors reserves the right to amend or remove an advert (permanently or temporarily) placed on the Website by a Company. No refunds are payable in these circumstances.
   11. Companies warrant to First Tutors that each individual supplied by or engaged by them will have (at the Company's cost) been Disclosure and Barring Service screened. The relevant Company shall be solely responsible and liable for any issue that arises as a consequence of a Disclosure Barring Service screening and indemnifies EduNation Limited / First Tutors on an ongoing basis and without limit for any legal fees, cost, charge or penalty directly arising from any action brought against it relating to a Disclosure Barring Service screening.
   12. Companies accept that they alone are responsible for the copy and content contained within the adverts they place on the Website. Accordingly, Companies warrant that each advert they place will be lawful, honest, accurate and will not, in any way, overstate the quality of the services that they offer. Furthermore, adverts placed shall focus solely on the services offered by that Company and shall not include whether directly or indirectly any copy or content suggesting that potential Tutees should cease using the services offered by First Tutors, nor shall an advert contain copy or content that could be considered as copy or content promoting services that are competitive to the Services offered via this Website. In the event that First Tutors (acting reasonably) forms the opinion that a breach of this provision may occur or has occurred, First Tutors reserves the right to withdraw the offending advert(s) without notice and without liability. No refunds are payable in these circumstances.
   13. By using the services offered by this Website and accepting its Terms generally, Companies specifically consent to their contact details being passed on to potential Tutees by First Tutors.
   14. Unless conducting business subject to this Section 5 of these Terms, third party organisations including but not limited to tuition centres and agencies, are prohibited from accessing the services offered via this Website (which include but are not limited to tutor finding services). For clarity and in any event, irrespective of the applicability of Section 5, the prohibition outlined in this condition precludes any third party organisation from posing as a parent or potential Tutee in order to induce one of our genuinely registered Tutors into bidding for work from that third party organisation in order to lead the Tutor to falsely believe that the third party organisation is a parent or potential Tutee (when in fact it is not). First Tutors reserves the right to permanently bar a third party organisation and / or connected individual from the further use of the Website should it discover a breach of this condition. In the event that payment has been made to First Tutors, no refund or credit shall be made.
   15. By using this Website and these accompanying terms generally, each Company warrants that it is offering its services solely as a Company (as defined at the outset of these Terms) and not as an individual.
   16. Each Company profiling as such, warrants that it is actually a Company and that it is not instead an independent Tutor soliciting to provide services by fraudulently presenting as a Company. The services of individual Tutors should be advertised in the Tutors section of the website as outlined elsewhere within these Terms. Company profiles must reflect only that they are offering services as a Company and not in any other capacity. Companies accept that their profiles may not be used to promote any other business activity.
   17. Companies discovered to be soliciting for work (in breach of paragraph 5.16) when in fact they are actually independent Tutors may have their profiles deleted (without notice and without liability) and may instead be invited to advertise their services as Tutors.

6. User Content

   1. When you communicate with other Users via the Website or otherwise use the functions of the Website, you may submit to us various material, such as the text of any comments and messages submitted by you via the Website and, for Tutors, the material and information in your profile (User Content).
   2. By submitting User Content, you:
      1. grant us, for the purpose of us providing the Website and our Services, a nonexclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Website;
      2. grant to us and our assignees and licensees all consents which are or may be required (including under Part II of the Copyright, Designs and Patents Act 1988 and any statutory modifications or re-enactment thereof) for the use of the User Content, throughout the universe, in perpetuity, by any and all means and in any and all media now or hereafter known or devised;
      3. waive in perpetuity in respect of the User Content the benefits of any provision of law known as moral rights or any similar law in any country (moral rights are certain rights that the owner of a copyright work has in relation to how that work is used);
      4. promise to us that you own the User Content and have the right to grant the licence set out at paragraph 6.2.1 and that the User Content does not infringe the rights of any third party; and
      5. promise that any User Content submitted by you does not cause you to breach these Terms including any of your promises as set out in these Terms, in particular the promise made by you at paragraph 7.1.
   3. You promise to us that you accept responsibility, and will compensate us, for any loss or damage caused by any failure by you to fulfil your promises as set out at paragraph 6.2.
   4. When we receive User Content from you, we may check whether it complies with these Terms. We may reject your User Content for any of the following reasons:
      1. if it causes you to breach these Terms including any of your promises as set out in these Terms;
      2. for any other reason in our reasonable discretion.

7. Your use of the Website and our Services

   1. You promise that:
      1. your e-mail address and other contact information provided to us are accurate and that you will update us with any changes to your contact information
      2. you are fully entitled to use any credit, debit or charge card the details of which you submit to us and that such card has available funds sufficient to cover the charges which are to be deducted from it; and
      3. in using the Website and our Services (including submitting User Content), you will not:
         1. do anything that may lead to the encouragement, procurement or carrying out of any criminal activity
         2. do anything that may cause you or us to breach any applicable laws;
         3. e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights);
         4. distribute unsolicited communications including 'spam' e-mail;
         5. transfer files that contain viruses, trojans or other harmful programs or use the Website in any way that may damage or disrupt another's computer;
         6. access or attempt to access the accounts of other Users, penetrate or attempt to penetrate the Website security measures or use the Website or our Services as a means to collect or store personal data about others;
         7. include identifying information (such as telephone numbers, e-mail addresses, message service identifiers, voIP identifiers, postal addresses, website addresses or name, company name, tuition agency or organisation or any other contact information through which you can be contacted) on the Website or in any messages sent to other Users through the Website or otherwise in any of your User Content; nor
         8. use the Website and / or our Services other than in good faith for your own purposes as an individual Tutor or Tutee. For the avoidance of doubt, use of the Website and / or the Services by organisations such as employment agencies is not permitted.
   2. We reserve the right at any time to suspend, restrict or terminate your account or your access to the Website and / or our Services and / or to remove any User Content submitted by you or others without notice at our discretion if we have reasonable grounds to believe you or a relevant third party has broken the promise made by you at paragraph 7.1 or otherwise at our discretion where we have reasonable grounds for doing so.

8. Rights in the Website and its contents

   1. Your use of the Website and its contents grants no rights to you in relation to:
      1. intellectual property rights (including copyrights, trademarks, design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) (IP Rights) in the Website and its contents and in relation to our Services, whether owned by us or by third parties; or
      2. IP Rights in any User Content submitted to the Website by other Users.
   2. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to 8.1, you may download insubstantial excerpts of this content to your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
   3. Any use other than that permitted under paragraph 8 may only be undertaken with our prior express authorisation and / or the prior express authorisation of the holder of the relevant IP Rights. If you copy, reproduce, republish, download, upload, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content belonging to others without their permission, you will breach these Terms and may be infringing the rights of others, which may be a breach of applicable laws.

9. The Limit Of Our Legal Obligations

   1. As a consumer, you have certain statutory rights in relation to the services provided by us, including the right to receive a reasonable standard of service. Nothing in paragraph 9 shall restrict those statutory rights. For further information about your statutory rights please contact your local Trading Standards Department or Citizens' Advice Bureau.
   2. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraud by us or our employees or agents.
   3. All the following provisions of paragraph 9 shall be subject to paragraphs 9.1 and 9.2.
   4. If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into an agreement on these Terms.
   5. You agree and acknowledge that we shall not be responsible or liable for:
      1. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
      2. failure to provide the Website or our Services or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
   6. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that the Website or any files that you download are free from viruses, contamination or destructive features.
   7. We are responsible for the provision of the Website and our Services but each Tuition Arrangement is an agreement between the relevant Tutor and the relevant Tutee and we are not a party to that agreement and we are not responsible for the actions of Users or other third parties. For these reasons, you agree and acknowledge that:
      1. we have no responsibility or liability in relation to any aspect of any Tuition Arrangement;
      2. without prejudice to our obligation to carry out checks on Tutors under paragraph 3.3, we do not make any promise or representation to you as to the suitability of any Tutor;
      3. we have no responsibility for examination entry which is the sole responsibility of the Tutee or the relevant student;
      4. we have no responsibility for any grade received by a Tutee or the relevant student and any consequence that examination grades may entail;
      5. even though all Users are prohibited from doing so, some Users may provide information or otherwise behave, via the Website, in a way that is unreliable, misleading or even illegal and some Users may not necessarily be who they say they are. Accordingly, to the extent that the law permits, you agree and acknowledge that your use of the Website and our Services is entirely at your own risk and you release us, our directors, contractors and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of (or the User Content or other material provided by) other Users and other third parties.
   8. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information and other material on the Website itself will be free from errors or omissions.
   9. Although we reserve the right to monitor the use of the Website and the User Content if we choose, we may not always do so and we do not control, and are not responsible for, the User Content submitted by you or other Users of the Website and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. Furthermore, we recommend that you run anti-virus programs on any information, content and / or User Content obtained via the Website. We will, however, seek to react quickly to any complaints regarding the Website, any User Content or other content on the Website or the conduct of other Users and we treat such complaints very seriously. If you wish to make a complaint please contact us.
   10. All content and services on the Website are provided on an 'as is' and 'as available' basis. We do not make any promise or representation in respect of the Website or its content, including any assessment of User Content, any advice given (on a personal or general basis) and any statements made by Users, advertisers or other third parties on or via the Website. Any decisions or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk and you should obtain individual professional advice where necessary.
   11. You promise to compensate us for all (if any) claims, liabilities, costs and expenses (actual or consequential) that we may suffer, which arise out of or in connection with your use of the Website and / or the Services, in particular in relation to:
       1. your breach of any provision of these Terms;
       2. your involvement in any Tuition Arrangement (including your breach of any Tuition Arrangement); and
       3. your violation of any law or the rights of a third party.
   12. We may provide links from the Website to other websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links to such third party websites does not imply any endorsement of the material contained in such third party websites nor any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into. You agree that we shall not be liable to you in respect of, and that you will not invoice us in any dispute between you and a third party in relation to, any loss or damage which you may suffer by using third party websites.
   13. Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £250 (250 GBP).

10. Miscellaneous

    1. You acknowledge that the data supplied on the Website concerning distances between postcodes (in particular information about Tutors / Tutees near you) is calculated "as the crow flies" (unless stated otherwise) and that we make no promise concerning the accuracy of that information.
    2. We are registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z1938712. You must read our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies. By accepting these Terms you are consenting to the use of your personal data as detailed in that policy.
    3. You acknowledge that we may withdraw your access to the Website or any of our Services for any period and if necessary permanently, at our sole discretion without liability to you, provided that we shall still fulfil any obligations to provide you with contact details purchased by you and to provide any Services that you have paid for (or alternatively we shall refund you for such payments).
    4. We are constantly looking for new ways to improve the Website and our Services. We therefore reserve the right to amend these Terms at any time by giving you notice. We may also change these Terms for legal, regulatory or security reasons by giving you notice. Notice will be given by means of a notice on the Website and a link to the current version of these Terms will at all times be available on the Website. For particularly important changes to these Terms, we may in addition e-mail you to bring such changes to your attention. If we change these Terms and that change is to your detriment, you may terminate any agreement with us for us to provide Services to you by giving us notice, in which case we shall refund any sums paid by you in relation to those Services to be performed after the date of change of these Terms.
    5. As part of the registration process, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions which you must follow.
    6. We reserve the right to withdraw or modify aspects of the Website or our Services, or the entirety of them, where we have legal or commercial reasons to do so. There may also be times when the Website or the Services become inaccessible as a result of technical difficulties. We will, however, use reasonable skill and care to overcome these difficulties where they are within our reasonable control.
    7. Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
    8. You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you are making the relevant purchase, prior to any fees being taken.
    9. Together, these Terms and our privacy policy contain the whole of the agreement between us and you concerning the Website and our Services and replace all earlier agreements and understandings with you, provided that nothing in these Terms will limit liability for fraud. A person who is not a party to an agreement based on these Terms has no right to rely upon or enforce any provision of that agreement.
    10. In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
    11. These Terms and any claim or dispute (whether contractual or non-contractual) in relation to these Terms shall be governed by and interpreted in accordance with relevant United Kingdom law. If you wish to take court proceedings against us you must do so within the United Kingdom.
    12. For dispute resolution please contact ku.oc.srotuttsrif@seiriuqne and visit the EU ODR Platform for assistance.