TERMS AND CONDITIONS
Effective: May 25, 2018
We are EduNation Limited, a limited company incorporated t/a First Tutors in England and Wales under registration number 06071367 (“First Tutors”). Our registered office is Summerdale Head Dyke Lane, Pilling, Preston, Lancashire, United Kingdom, PR3 6SJ. Our VAT number is 979 0593 63.
These Terms sets out the terms and conditions on which we provide our firsttutors.com Website and the Services available through the Website 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.
You should be aware that these Terms may change from time to time, but we will always provide you with notice if they do change.
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.
“Website” means the firsttutors.com domain.
“User” means any user of the Website or the Services.
“Tutor” means any User of our Website who registers as a Tutor.
“Premium Tutor” means any User who subscribes to the premium tutor service.
“Client” means any User of our Website who registers as a Client.
“Services” means the services available through the Website to Users, Tutors, Clients, and Organisations (where explicitly stated).
“Organisation” means education-related organisations, agencies, schools, and any other company or entity who register as an Organisation.
“Tuition Arrangement” means an arrangement for a Tutor to perform services for a Client as agreed between the Tutor and the Client.
In these Terms, words importing the singular include the plural and vice versa and words importing the masculine gender include the feminine gender and vice versa.
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 agreement, 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.
These Terms supersede all previous terms of business.
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
We provide services to Clients seeking access to education and to Tutors seeking to offer their services to such individuals. While we do not generally provide similar services to Organisations, such requests may be accommodated.
The Website and our Services are provided to help Clients access a Tutor through a Tuition Arrangement and to help Tutors and Organisations offer their services to Clients. Unless expressly stated, the Website and our Services are not provided to Organisations. Excepting services offered in accordance with Section 6, 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.
Our Services include the following (for full details of each Service, please see the Website):
- Our standard service allows Tutors to register a profile and for Clients to browse registered Tutors. Clients may request a Tutor’s contact details for the purpose of entering into a Tuition Arrangement and the Tutor may accept the Client’s request (“Standard Service”).
- This Service allows Organisations to register their details and Clients to browse Organisation’s tutoring services and request the Organisation’s contact information for the purpose of entering a Tuition Arrangement (“Organisation Service”).
- A subscription service for Tutors providing access to market information (“Premium Tutor Service”).
If you are a Client, the following provisions in Section 3 apply to you:
Your Relationship with Your Tutor.
When you purchase a Tutor’s contact details, you have formed a binding contract with that Tutor. While we do assess each Tutor’s identity, background, and qualifications, Tutors’ Clients should understand that Tutors are self-employed and we have no control over how they perform their service. You should take responsibility for ensuring your Tutor fulfills his end of the bargain at every step of the relationship.
Your contract with us. When you purchase a Tutor's contact details through the Standard Service , we provide you the Tutor's contact details in exchange for your purchase. You acknowledge we begin providing the Services immediately after you purchase and you acknowledge that you cannot cancel your purchase or request a refund after your purchase, except in the circumstances described in Section 3 (Refunds).
Your contract with your Tutor. Your Tutor is self-employed. You agree that your Tuition Arrangement is with the Tutor and not with us. You agree we are not a party to any Tuition Arrangement and are not responsible for the performance of any obligations agreed to or impliedly agreed to between yourself and the Tutor.
Our safety measures. Before we provide a Tutor's contact details to you, we will have collected copies of certain basic information submitted by the Tutor in relation to their identity, experience, training, qualifications, and references (“Credentials”). Due to the number of Tutors listing their services through our Website, we are unable to check the Credentials of each Tutor. For this reason, we cannot guarantee that the information submitted by the Tutor on the Tutor’s profile of that the Tutor gives to you is accurate. You agree we are not responsible if the Tutor provides you with unsatsfactory Credentials. You should check all relevant information and documents provided before you choose to enter into a Tuition Arrangement with that Tutor.
Your responsibilities. It is your responsibility to verify a Tutor’s Credentials. You and your Tutor are responsible for agreeing on all matters relating to the Tuition Arrangement. You are responsible for verifying the Credentials of the Tutor with whom you enter into or seek to enter into a Tuition Arrangement.
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 will be the Client for the purposes of these Terms.
In the extremely unlikely event that we provide you with inaccurate contact details for your Tutor, your Tutor does not show up to a session, you cannot find a suitable meeting date with your Tutor, or your Tutor’s credentials are unsatisfactory, you may be able to request a refund within 10 days. Please contact us to request a refund.
How to request a refund.If you would like to request a refund, please contact us with full details and evidence of your request. We will give your Tutor the opportunity to respond to your request. If the Tutor does not respond within 10 days of our notice to the Tutor, you will be entitled to a refund if we determine you meet one (1) of the refund requirements below (see Section 3, Refunds, Refund Requirements). If your Tutor does respond, providing you a refund is in our sole discretion. Our refund process may take a maximum of 30 calendar days. We will reimburse you using the same means of payment as you used for the initial transaction.
- We provided you with no contact details that were accurate and up-to-date at the time we provided them to you and you requested the refund within 10 days of subscribing for the Standard Service.
- Your Tutor fails to meet with you for your first scheduled meeting, you requested the refund within 10 days of your Tutor’s failing to meet with you, and (a) you do not want to reschedule the meeting with that Tutor or (b) you cannot find another suitable date when both you and your Tutor are available for your first meeting. Your Tutor's credentials prove unsatisfactory and you requested the refund within 10 days of receiving your Tutor’s contact information from us.
- At our sole discretion, we determine to provide you with a refund.
While we strive to provide the best Tutor matching service possible, we cannot control your relationship with your Tutor. As such you are responsible for ensuring your own protection and we cannot be held liable if the Tutor does not meet your expectations.
You agree that we shall have no responsibility or liability related to any Tuition Arrangement or any relationship between you and any Tutor, save as may not be excluded by law. Entering or seeking to enter a Tuition Arrangement and engaging with a Tutor in any manner prior to entering a Tuition Arrangement is entirely at your own risk.
Clients 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 tutoring session irrespective of where the tutoring is delivered. Clients over the age of 18 should inform a friend or relative of his / her plans, including the provision to a friend or relative of the name of the Tutor, times of tutoring, and the location that the tutoring is to be provided.
Some Tutors on our Website are actually Organisations who are not affiliated with us (other than their listing on our Website). Because Organsations are unaffiliated with us, just like Tutors, we are not responsible for their actions.
First Tutors does not charge potential clients for making contact with a Organisation.
Organisations are separate from First Tutors. The Website also contains information about and links to Organisations. For clarity, Organisations are not individual or independent Tutors. The inclusion of Organisations on the Website, as well as individual, independent Tutors, is designed to provide Clients with another path to finding the form of tutoring that best suits them. Organisations are independent entities and are not affiliated with First Tutors. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership between First Tutors, and any Organisation. Nothing in these Terms will constitute an agency relationship between any First Tutors and any Organisation or authorise any party to make or enter into any commitments for or on behalf of any other party. You agree that, if you have a Tuition Arrangement, that Tuition Arrangement is a contract with the Organisation, not First Tutors, and that you will bring any action or claim against the Organisation, not First Tutors.
Venue. While First Tutors expects Organisations to provide their services in venues that are fit for purpose and to provide excellent tutoring, First Tutors will not be held liable (save as may not be excluded by law) for venues or tutoring that fails to meet your expectations.
Feedback. You may provide First Tutors with your feedback related to any Tuition Arrangement with an Organisation. First Tutors will, in its sole discretion, publish the feedback or not publish the feedback.
Organisation conduct. Organisations have a duty to present themselves in a lawful, honest, and accurate manner, and to not mislead a Client. If you discover this not the case, please inform us. You agree First Tutors cannot be held liable for any losses incurred as a consequence of the actions of an Organisation.
If you are a Tutor or an Organisation, the following provisions in Section 4 apply to you.
The First Tutors Website
In order for our Website to operate, we need you to be aware of certain Website functions. The Client feedback system is integral to how our Website functions and you must recognise that your Clients may post public feedback about you. In addition, your profile is publicly viewable.
Standard Service. You acknowledge that you give your consent for your details to be provided to a Client via our Standard Service , and that Clients are under no commitment to undertake a Tuition Arrangement.
Client feedback. You acknowledge that Clients may submit feedback in relation to you, your profile, and your tutoring services. Clients may submit scores and written comments. You cannot control whether or not scores and comments submitted by Clients will be posted. You are entitled to determine whether or not comments in relation to you are publicly viewable. When a Client submits a score and 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 (3) weeks. If you decline, it will not be publicly viewable. If you do not take any action within such three (3) weeks, where the score is three (3) out of five (5) or above, the comment will be published in full or, where the score is two (2) out of five (5) or less, the comment will not be published.
Tutor profile. You acknowledge that some information 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 and we will make efforts to ensure your information does not appear in search engine results, but we cannot ensure your information will not appear in search engine results.
Your Conduct and Responsibilities
You should be aware that our service requires you provide certain documentation as proof of your qualifications. Because you, as a Tutor, are self-employed with respect to your relationship with First Tutors, you must take responsibility for your own prices, taxes, and personal conduct. Please make clear to your Clients whether or not tax is applicable and respond to inquiries promptly (within 14 days). If you are providing a venue, you are responsible to make sure the location is appropriate for your purposes.
Required documentation. 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, and proof of qualifications and experience, as claimed in your profile. We do not accept any ID documentation, or qualification certificates via post and you agree we will not be responsible for anything you send to us via post.
Prices and fees. You accept full responsibility for the prices you quote on your profile and the Website. You agree to make clear whether or not Tax is applicable to the prices you quote, and, if it is applicable, you agree to clearly state the amount that Tax comprises in addition to the amount to be charged for the provision of your services. If you are providing the Standard Service you will be responsible for the collection of all fees due to you from your Client(s) and will not seek to recover any payment in relation to your Tuition Arrangement from us.
Communications. You agree we may remove your profile if you do not respond to an enquiry from a Client within 14 days. If you respond to feedback from a Client posted on the Website, you agree you will hold yourself to the highest standard of professional conduct and will not disclose personal or private information regarding a Client or regarding discussions with a Client.
Responsibility for tax and indemnification. You agree you are not an employee of First Tutors 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 any Tuition Arrangement. Accordingly, you agree to indemnify First Tutors, without limit and on an ongoing basis, against 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 agree to further indemnify First Tutors against all reasonable costs, expenses and any penalty, fine, or interest incurred or payable by First Tutors in connection with or in consequence of any such liability, deduction, contribution, assessment, or claim.
Professional conduct. You agree to 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 Clients. Additionally, your agreeing to provide the venue for a Tuition Arrangement will be considered as your warranting to First Tutors that said venue is clean, presentable, and in compliance with applicable law including but not limited to health and safety legislation; is generally fit for tutoring; and that you indemnify First Tutors in this regard.
In order to protect the integrity of our Website and Services and the interests of Clients, we retain certain rights with respect to Client refunds, cancellation fees, and the right to remove and edit any feedback posted on the Website.
Refunds. If a Client contacts us to request a refund, we will give you the opportunity to respond to the request. If you respond to the request, you will be charged a refund fee if we decide, in our discretion, to provide a refund. If you do not respond within 10 days of our posting the request on the Website, you will be charged a refund fee. The refund fee equals the full cost of refunding the Client, which we determine in our discretion, but will not be more than the Client originally paid.
We are also entitled to charge you a refund fee if you cancel a Tuition Arrangement with a Client and the Client asks us to refund them the cost of purchasing your contact details. We are also entitled to charge you a refund fee if your Client contacts us to let us know that your Credentials (as defined in Section 3) are unsatisfactory.
Client feedback. You acknowledge that we retain the right to remove or edit feedback, in our sole discretion. We have no obligation to intervene with Tutor / Client disputes in relation to feedback a Client posts on your profile or the Website, but you have the option to reply to the feedback and to contact us.
5. PREMIUM TUTORS
If you subscribe to our Premium Tutor Service, the following provisions apply:
Premium Tutors Service
The Premium Tutors service provides access to market information to Tutors who subscribe. Certain restrictions to this service apply, for example, we may restrict your use of certain graphing features and access to the Standard Service is required for certain features to work properly.
Subscription and Services. Tutors may subscribe to become a Premium Tutor 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”). To terminate your subscription to the Premium Tutor Service, you must provide us with no less than three days’ notice from the date of your next payment by contacting us and stating that you wish to withdraw from the Premium Tutor Service.
The Services we provide to Premium Tutors include the making available of market information, in exchange for your payment to us of the subscription payments. The Premium Tutor Service is made available to you immediately after you subscribe 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 for that month of payment of the Premium Tutor Monthly Fee you have paid (no refund will be made for Services already provided), except in the circumstances described in Section 10.4.
Fair use restrictions. 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.
Standard Service access. 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 while you maintained access to the Standard Service. 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.
Advance payments. Where advanced payments have been made, we may make a pro-rata refund of each monthly payment made 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.
Breach. Without limiting our other rights or remedies as more particularly set out in Section 10, if you are found to be in breach of Section 4, we may terminate your contract with us, effective upon our notice to you. We are under no obligation to provide you with a refund of any Premium Tutor Monthly Fee(s) you have paid.
Premium Tutors may only use the premium service for their own purposes (you may not give the market information to anyone else or allow anyone else to access your account). In addition, you may become responsible for the cost of a Client refund if you assist a Client in obtaining a refund.
Restricted use. You agree not to publish or disclose to others the market information 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. You agree not to share your login details for the Premium Tutor Service with others, or otherwise to enable others to access the Service. If multiple people within your organisation desire access to the Premium Tutor Service, you agree to arrange for a separate subscription for each of those people.
Communication responses. Subscribing to the Premium Tutor Service does not relieve you of your obligation to respond to all Clients in accordance with Section 4. We may switch off your listings if you do not respond within the time frame required in Section 4.
Client refunds. You agree that you will not directly or indirectly assist, suggest, or recommend to a Client that he or she apply for a refund for any Tuition Arrangement. You also agree you will not facilitate or provide further tutoring (where the tutoring is not via a First Tutors Tutoring Arrangement) to a Client who has applied for (or received) a refund from First Tutors. If you breach of this Section, we reserve the right to invoice you for the relevant refund as well as for any costs that we have reasonably incurred as a consequence of your breach of this Section. The prohibition on your provision of tutoring to a Client who has applied for (or received) a refund as outlined within this provision, will apply for a period of 12 weeks from our receipt of a written request for a refund from the Client.
These Terms and your account may always be terminated if you violate their terms, which includes providing false or defamatory comments on First Tutors. We require you keep your independent tutoring business separate from any other business activity. We do not allow solicitation of work for another service or business through our Website.
Your conduct toward us. If you make defamatory, untrue, inaccurate, or malicious written or verbal statements 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 will be made for Services already provided.
You agree you have personal liability for and indemnify First Tutors for any loss, liability, costs (including 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 of your services, and, accordingly, you agree to maintain in force during your engagement full and comprehensive insurance policies commensurate with your obligations under these Terms.
You agree that First Tutors has no responsibility or liability for your welfare at any time while you are engaged in a Tuition Arrangement, except as may not be excluded by law.
Maintaining an independent business. You warrant that you will provide your tutoring independently and not as an Organisation. You agree that Organisations must advertise their learning centres and group classes in the Organisations section of the Website as outlined elsewhere within these Terms. It may be that you tutor independently while also running a tuition centre (or similar), if this is the case, your profile must reflect only that you are offering services independently and not in any other capacity. You agree that your profile may not be used to promote any other business activity with which you are involved.
By using this Website and these accompanying terms generally, you warrant that you are offering services independently and not as an Organisation (as defined at the outset of these Terms). If you change how you provide your services and you are no longer providing your services independently, you will notify us in writing as soon as that change occurs.
Premium Tutors discovered to be soliciting work (in breach of Section 4) for their own tuition centres (or similar) through the Website (other than Organisations under Section 6) may have their profiles deleted (without notice and without liability) and may instead be invited to advertise their services as an Organisation.
The Website contains information about and links to Organisations, as defined at the outset of these Terms. For clarity, Organisations are not individual independent Tutors. The inclusion of Organisations on the Website, as well as individual independent Tutors, is designed to provide Clients with another path to finding the form of tutoring that best suits them.
If you are an Organisation, the following provisions apply.
Relationship with First Tutors
All Organisations listed on our Website are independent entities and not affiliated with us apart from their listing on our Website.
Independent entity. Organisations are independent entities and are not affiliated with First Tutors. Nothing in these Terms is intended to, or will be deemed to, establish any partnership between First Tutors and any Organisation. No party be considered an agent of the other party, or authorise any party to make or enter into any commitments for or on behalf of any other party under these Terms.
As an Organisation 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. If you provide us with false or misleading information or if you use your access to the Website in violation of these Terms, we reserve the right to terminate these Terms without notice or liability and to restrict any Organisation’s access to the Website and we will not be obligated to provide you with a refund.
Each Organisation, warrants that it is actually an Organisation and that it is not instead an independent Tutor soliciting to provide services by fraudulently presenting as an Organisation. The services of individual Tutors must be advertised in the Tutors section of the Website as outlined elsewhere within these Terms. Organisations agree that their profiles may not be used to promote any other business activity.
Organisations discovered to be soliciting for work (in breach of Section 5) 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.
Each Organisation warrants that it is offering its services solely as an Organisation (as defined at the outset of these Terms) and not as an individual.
As a Company on our Website, you will be charged a fee by us for the service we provide you. If you have reason to believe you have received fraudulent or duplicate leads, please let us know, in writing, within 5 days so we may investigate the legitimacy of the lead. You are not entitled to a refund for your purchase, but we may credit your account if we find we debited your account for a fraudulent or duplicate lead.
Fraudulent and duplicate leads. If an Organisation has reason to believe that it has received a fraudulent and / or duplicate lead, it should notify First Tutors within 5 days from receipt of the lead. On receipt of the notice, First Tutors will investigate the circumstances surrounding the lead and report its findings to the Organisation. If a lead proves to be fraudulent and / or duplicate, First Tutors will add a credit to the Organisation'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. If First Tutors determines that the lead was a genuine lead, no credit shall be made. First Tutors’ decision shall be final.
Fees. Clients are not charged a fee by First Tutors for making contact with an Organisation. The Organisation and Client will agree the fee for the provision of any tutoring between them on a case by case basis.
Organisations agree to 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. First Tutors will debit the Organisation account for each lead the Organisation receives. First Tutors does not guarantee a minimum number of leads.
Refunds. Once an Organisation has placed an order for Website exposure and lead generation, it shall not be entitled to a refund (subject to Section 5).
Clients expect their Tutors to use professional conduct, as such, you must screen all your tutors before providing them with Clients you obtain through our Website. Your conduct on our Website is important as well. This especially includes the content of your advertisements you place on our Website and your use of any third parties posing as Clients on our Website.
Professional conduct. Organisations 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), work within industry standards at all times, and ensure that Clients receive honest and transparent quotes for their services. Where applicable, quotes must state that Value Added Tax is payable and must clearly express the amount of Value Added Tax that is to be paid. If First Tutors receives negative feedback from Clients regarding an Organisation (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 an Organisation. No refunds are payable in these circumstances. Organisations explicitly consent to their contact information being passed on to potential Clients by First Tutors.
Tutor screening. Organisations warrant to First Tutors that each individual supplied by or engaged by them will have (at the Organisation's cost) been screened by the Disclosure and Barring Service. The Organisation will be solely responsible and liable for any issue that arises as a consequence of a Disclosure and Barring Service screening. The Organisation indemnifies 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 and Barring Service.
Adverts. Organisations agree that they alone are responsible for the copy and content contained within the adverts they place on the Website. Accordingly, Organisations warrant that each advert they place is lawful, honest, accurate, and does not misrepresent the services they offer. Furthermore, adverts placed must focus solely on the services offered by that Organisation, must not include whether directly or indirectly any copy or content suggesting that potential Clients should cease using the services offered by First Tutors, and must not contain copy or content that could be considered as copy or content promoting services that are competitive to the Services offered via this Website. If First Tutors (acting reasonably) determines 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. You agree that no refunds are payable in these circumstances.
Not a client. Unless conducting business subject to this Section, Organisations are prohibited from accessing the services offered via this Website. Organisations are prohibited from registering as a Client or posing as a potential Client. First Tutors reserves the right to permanently bar any Organisation and / or any individual associated with that Organisation, in its discretion, from the further use of the Website should it discover a breach of this condition and you agree no refund or credit will be made.
7. USER CONTENT
Our Website provides you the opportunity to post user-generated content. We may check the content you post to make sure it complies with these terms. You will be responsible for any harm that comes from your posting of content that you do not own or that violates the law.
Submitting User Content. You may submit certain content to the Website, such as information on your profile, comments, feedback, messages, and any other content you may post on the Website (“User Content”). When you submit User Content to the Website, we may check whether it complies with these Terms. We may reject any of your User Content at our sole discretion. You promise to us that you accept responsibility and will compensate us for any loss or damage caused by your failure to fulfil your promises as set out in this Section.
- 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 the future known, which includes the right to display the User Content on and in connection with the Website;
- 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;
- 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);
- promise to us that you own the User Content and have the right to grant the licence set out in this Section, and the User Content does not infringe the rights of any third party; and
- 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.
8. YOUR USE OF THE WEBSITE AND OUR SERVICES
Our Website is intended to be a safe and supportive environment. You cannot use our Website to publish inappropriate material, harass people, send spam, violate the law, or act inappropriately. Be respectful, reasonable, and responsible.
You promise you will.. By your use of the Website and our services, you agree:
- 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; and
- 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.
You promise you will not.. By your use of the Website and our services, you agree you will not:
- do anything that may lead to the encouragement, procurement, or carrying out of any criminal activity;
- do anything that may cause you or us to breach any applicable laws;
- 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);
- distribute unsolicited communications including “spam” e-mail;
- 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;
- 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;
- 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; or
- use the Website and / or our Services other than in good faith for your own purposes as an individual Tutor or Client. For the avoidance of doubt, use of the Website and / or the Services by organisations such as employment agencies is not permitted.
Account suspension, restriction, and termination. 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 in these Terms or otherwise at our discretion where we have reasonable grounds for doing so.
9. RIGHTS IN THE WEBSITE AND ITS CONTENT
While you are permitted to view the content we make available on our Website, other uses such as copying, reproducing, republishing, downloading, posting, broadcasting, recording, transmitting, commercially exploiting, editing, communicating to the public, or distributing in any way our content is prohibited. Your access to our Website does not give you any rights in the Website or its content.
No rights. Your use of the Website and its content grants you no rights in relation to any intellectual property (including copyrights, trademarks, and 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 IP Rights in any User Content submitted to the Website by other Users.
Prohibited conduct. 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 Section 8, 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 such information is made.
Any use other than that permitted under Section 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.
10. LIMITATION OF OUR LEGAL OBLIGATIONS
- 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 this Section shall restrict those statutory rights. For further information about your statutory rights please contact your local Trading Standards Department or Citizens' Advice Bureau or the local equivalent of such bureaus.
- 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.
- All the following provisions of Section 10 shall be subject to Section 10.1 and 10.2.
- If we breach these Terms we shall only be liable for losses that 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.
You agree and acknowledge that we shall not be responsible or liable for:
- 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
- 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.
- 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.
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 Client 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 acknowledge and agree that:
- we have no responsibility or liability in relation to any aspect of any Tuition Arrangement;
- without prejudice to any obligation we have to conduct background checks on Tutors, we do not make any promise or representation to you as to the suitability of any Tutor;
- it is your sole responsibility to verify the Credentials of any Tutor;
- we have no responsibility for any grade or test score received by a Client and any consequence that a grade or test score may entail;
- 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 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.
- 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.
- Although we reserve the right to monitor your use of the Website and the User Content, 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.
- 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.
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:
- your breach of any provision of these Terms;
- your involvement in any Tuition Arrangement (including your breach of any Tuition Arrangement); and
- your violation of any law or the rights of a third party.
- 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.
- 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).
- You acknowledge that the data supplied on the Website concerning distances between postcodes (in particular information about Tutors / Clients near you) is calculated “as the crow flies” (unless stated otherwise) and that we make no promise concerning the accuracy of that information.
- 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).
- 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. If we amend these Terms and the amendments require your consent for us to continue our relationship, we will seek your consent.
- 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 that you must follow.
- 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.
- Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
- 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.
- If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
- 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.
- For dispute resolution please contact ku.oc.srotuttsrif@ssenisub and visit the EU ODR PLATFORM for assistance.