Terms & Conditions

 

The use of the TutorHost website is subject to the following terms and conditions, and by using the website, you agree to these terms of use. These terms may change or be updated at any time without notice, and your continued use of the website following such change will be deemed to be acceptance of all such changes.

Definitions

1. The following terms are defined as follows:

i. Tutor means an individual who provides tutoring services in subjects advertised by TutorHost.

ii. Tutee means an individual who, either by themselves or through a nominee, parent or guardian, uses the TutorHost website for the purpose of seeking the services of a Tutor in the subjects advertised by TutorHost.

iiii. Contract means the agreement between Tutor and TutorHost and Tutee or the Tutee’s nominee, parent or guardian.

iv. Tutor Fee means a one-off finder’s fee chargeable by TutorHost and payable by a Tutee, a Tutee’s nominee, parent or guardian in respect of each Tutor retained by the Tutee, or the Tutee’s nominee, parent or guardian.

v. Complaint means an assertion by the Tutee, or the Tutee’s nominee, parent or guardian in that the services provided by a Tutor are in some way unsatisfactory or unacceptable.

vi. Payment failure means an unsuccessful charge for a Tutor Fee made by a Tutee or the Tutee’s nominee, parent or guardian.

vii. Independent Tutor, means a Tutor who maintains complete autonomy in respect of the term terms of engagement with any Tutee. For the avoidance of doubt, TutorHost gives no guarantee in connection with services rendered by any Tutor, nor will Tutorhost accept any liability for such services.

vii. Confirmed Tutor, means a tutor for whom a tutee and/or their nominee has successfully paid the finder’s fee to engage in a tutoring arrangement.

2. In these Terms where the context so requires, the use of the masculine gender shall include the feminine and/or neuter genders and the singular shall include the plural, and vice versa, and the word “person” shall include any corporation, firm, partnership or other form of association.

General terms and conditions

3. All business undertaken by TutorHost, a Tutor and/or a Tutee or the Tutee’s nominee, parent or guardian is transacted subject to these Terms.

Obligations of TutorHost and related provisions

4. The TutorHost Website has been established to allow a Tutee to contact a Tutor and to allow a Tutee to view the Tutor’s profile. The TutorHost Website allows a Tutee to confirm a Tutor after paying the finder’s fee for each Tutor engaged.

5. TutorHost will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutee on the TutorHost Website.

6. TutorHost gives no warranty as to the accuracy or completeness of information made available on the website by Tutors and it shall be the sole responsibility of the Tutee, or the Tutee’s nominee, parent or guardian to verify any information provided by a Tutor on the website.

Tutor Duties

7. All Tutors warrant and confirm that:-

(a) they are at least eighteen years of age;

(b) they have the necessary qualifications and/or experience to provide tuition offered by the Tutor in the subjects specified by the Tutor on the TutorHost website;

(c) their profile and subject information provided on the TutorHost website is up to date, accurate and truthful; and

(d) they have the legal right to work in the country from which they are providing tuition services on a self-employed basis.

8. All Tutors must disclose any criminal convictions or cautions they may have to TutorHost, including any criminal convictions or cautions received at any time after having registered a Tutor account on the Website and for as long as the Tutor remains registered.

9. Any Tutor who contacts a Tutee who is under the age of 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee.

10. All Tutors are responsible for the prices quoted for their services on the TutorHost website.

11. All Tutors are independent contractors. All Tutors are responsible for collection of all fees due to a Tutor from a Tutee. TutorHost is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between Tutor and a Tutee/or nominee. In the event that Tutorhost engages as a third party in tuition payments, an administrative fee of £2 per hour will be chargeable to tutors.

12. All Tutors take full responsibility for all information relating to the Tutor made available on the TutorHost Website and all Tutors must indemnify TutorHost in relation to any liability incurred by TutorHost as a result of such information.

13. All Tutors shall indemnify TutorHost for all claims and liabilities arising out of any use by the Tutor of the TutorHost website, including any associated costs and expenses incurred, whether direct or indirect.

14. All Tutors must contact Tutees through the TutorHost website. Any other means of communication is prohibited. When contacting tutees through the TutorHost website, prior to the tutee’s payment of the finder’s fee; tutors are prohibited from disclosing personal details such as name, contact number, email address, website address or any part thereof within messages sent to tutees.

15. A Tutor must not be in any way abusive about a Tutee or the Tutee’s nominee, parent or guardian on the TutorHost website or any other place.

16. Tutors are not employees of TutorHost and all Tutors accept full responsibility for all income tax, National Insurance payment and other liabilities arising from use of the TutorHost website in the relevant jurisdiction.

17. All information provided by a Tutor on the TutorHost Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Tutors acknowledge that details entered by the Tutor on the TutorHost website will be publicly visible and may appear in search engine results.

18. Use of the TutorHost Website is entirely at a Tutor’s own risk. Tutors must exercise caution when using the TutorHost website and when entering into any agreements to provide tutoring services to a Tutee.

Tutee Obligations

19. A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian or other nominee must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent or guardian or nominee to check the credentials of the Tutor. TutorHost is not responsible for any disputes between a Tutee and a Tutor or the Tutee’s nominee, parent or guardian which may arise as a result of a Tutee’s use of the TutorHost website.

20. A Tutee, or the Tutee’s nominee, parent or guardian, is responsible for verifying (by way of example only) the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. TutorHost does not offer any guarantee that any information provided on the TutorHost Website is accurate and correct.

21. A Tutee, or the Tutee’s nominee, parent or guardian, accepts that his Contract for tuition services is with the Tutor. TutorHost is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed between the Tutor and Tutee or the Tutee’s nominee, parent or guardian.

22. A Tutee or the Tutee’s nominee, parent or guardian must contact a Tutor through the TutorHost Website. Any other means of communication is prohibited. When contacting tutors through the TutorHost website, prior to the tutee’s payment of the finder’s fee; tutees are prohibited from disclosing personal details such as name, contact number, email address, website address or any part thereof within messages sent to tutors.

23. A Tutee or the Tutee’s nominee, parent or guardian agrees not to use TutorHost to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities.

24. A Tutee must not publish any defamatory, derogatory, or otherwise abusive comments about a Tutor or a Tutee on the TutorHost Website or any other place.

25. TutorHost is not responsible for examination entry; this is the sole responsibility of the Tutee.

26. Arrangements for tuition payment will be made solely between the Tutee or the Tutee’s nominee, parent or guardian, and the Tutor, and is not the responsibility of TutorHost. TutorHost is not liable for any financial loss that any Tutor, Tutee (or the Tutee’s nominee, parent or guardian) may suffer.

27. A Tutee or the Tutee’s nominee, parent or guardian must not request a Tutor to complete coursework, essays, or other assignments for them.

28. To confirm a tutor, a Tutee or the Tutee’s nominee, parent or guardian must provide a valid payment method using the payment system on the TutorHost website.

29. Tutee confirms and acknowledges that, a one-off finder’s fee of £20 or  as indicated through promotion or otherwise is payable to TutorHost for the confirmation of a Tutor through the the TutorHost website.

30. The TutorHost website does not a contain a booking system. Tuition scheduling is solely between the Tutor and Tutee. Tuition scheduling is permitted when a valid payment has been provided for the finder’s fee for each tutor, using the payment system on the TutorHost website.

31. A Tutee or the Tutee’s nominee, parent or guardian authorises TutorHost to charge his credit/debit card 24 hours after the payment is made for the confirmed tutor.

32. When a Tutor has been selected, a Tutee or the Tutee’s nominee, parent or guardian must ensure that he has a valid debit/credit card registered on TutorHost Website, with sufficient funds to cover the applicable Tuition Fee payable. Details of a confirmed Tutor will be accessible via the tutees account through the TutorHost website.

33. In the event that a Failed Payment remains outstanding 48 hours after an intention to confirm a Tutor, the Tutee or the Tutee’s nominee, parent or guardian authorises TutorHost to automatically retry the charge.

34. If a Tutee has an outstanding Failed Payment for more than 48 hours then the confirmed payment for the finder’s fee will be cancelled.

35. When access to any Tutors details has been granted to a Tutee, a Tutee enters directly into a contract with the Tutor for the provision of lessons and TutorHost shall bear no liability in relation to the Tutor’s provision of lessons.

36. If a lesson does not take place because a Tutee does not attend, or if the Tutee (or anyone on the Tutee’s behalf) cancels the lesson TutorHost will not be held liable for costs incurred.

37. A Tutee should inform TutorHost of a Complaint either by phone at 0208-654-5690 or via email to [email protected] as soon as practicably possible, but in any event within 48 hours of the incident or conduct which is the subject of the Complaint.

General obligations

38. Users of the website must not use the TutorHost Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.

39. Users of the website must not impersonate any other person or entity or to use a false name or any other name that they have no authority to use.

40. Users of the website must not without the express permission from the relevant party post material to the website in which the copyright or intellectual property is or may be the property of another person or body.

41. Tutors and Tutees or the Tutee’s nominee, parent or guardian agree to manage all finder’s Fees payable using the TutorHost website. If a member cancels their finder’s fee, they will not receive a refund of any fees already paid.

42. TutorHost reserve the right to accept or refuse finder’s fee payment. Tutees must not transfer or assign details of a tutor acquired through the payment of their finder’s fee.

43. A member authorises TutorHost to charge his credit/debit card for Finder’s fee charges of £20 or as indicated through promotion or otherwise when confirming future tutors.

Liability, Indemnity and other provisions

44. TutorHost has no control over or responsibility for the truth or accuracy of any material available on the TutorHost Website, whether provided by Tutors or any third parties. Third party websites may appear on the TutorHost website. TutorHost does not endorse or have any responsibility for the site in question or anything which appears on it.

45. TutorHost is not and cannot be responsible for the behaviour of users of the website, whether on the TutorHost website or outside of it. TutorHost only provide a service for a Tutor and Tutee to be introduced. TutorHost will make every effort possible to pre-screen or monitor the material contributed by tutees and tutors of the website but will not be held liable for materials which may not be accurate.

46. TutorHost is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by any user through the use of the TutorHost Website including loss of data or information or any kind of financial or physical loss or damage.

47. Users of the website agree to indemnify TutorHost against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the TutorHost Website.

48. TutorHost does not guarantee that a Tutor will be secured to meet the Tutee’s needs.

59. TutorHost is not responsible for any grade received by a Tutee or any consequence that examination grades entails.

Intellectual Property

50. The code, brand and intellectual property of the TutorHost Website cannot be reused without TutorHost’s consent. All copyright, trademarks, and other intellectual property rights in and relating to the TutorHost Website (including the material which is contributed by tutors and tutees) are owned by TutorHost. It is prohibited to copy, distribute, show in public or create any derivative work from the TutorHost Website, or any of the material which is found on the TutorHost Website without the consent of TutorHost. Please see our Copyright Notice, which forms part of these Terms and Conditions.

51. By submitting any material to the content to the TutorHost Website, you:

(a) are representing that you are fully entitled to do so;

(b) grant TutorHost a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and

(c) authorise TutorHost to adapt the relevant material and you waive the right to be identified as the author of the material in question.

Miscellaneous provisions

52. TutorHost reserves the right to withdraw or modify aspects of the TutorHost Website, or the entirety of it.

53. TutorHost reserves the right to suspend or terminate a user’s access to the TutorHost Website, or parts of it. TutorHost reserves the right to remove, or require the Member to remove, material posted on the TutorHost Website. Any person whose access has been suspended or terminated must not re-register for, or re access, the TutorHost Website without prior consent from TutorHost.

54. The open-access nature of the TutorHost Website means that TutorHost cannot prevent determined people whose Membership has been suspended or terminated from re- accessing or re registering as Members, in breach of their obligations under these Terms.

55. TutorHost reserves the right to withdraw any material on the TutorHost Website which appears, whether based on information received from users of the website or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the TutorHost website into disrepute. TutorHost does not generally monitor material which appears on the TutorHost website and TutorHost is reliant upon Members to notify TutorHost of anything users of the website see here which appears likely to breach these Terms and Conditions.

56. TutorHost may, at their sole discretion, vary the features of the TutorHost Website and the Terms of use at any time.

57. TutorHost may restrict access to the TutorHost Website for any period and if necessary, permanently at the sole discretion of TutorHost. Users shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.

58. TutorHost may monitor postings to the TutorHost Website and communications through the TutorHost website, and shall have the right to delete and/or block such postings or communications at TutorHost’s sole discretion.

59. TutorHost give no guarantee that the TutorHost Website is free of viruses worms or any other form of harmful components.

60. The distance data supplied on the TutorHost website is calculated using the latitude and longitude of the postcode or regions. On occasions we only use part of the Postcode or region data, so TutorHost cannot guarantee that the data supplied on distances between postcodes or region is accurate.

61. TutorHost may contact its users by the details stored in a user’s account.

62. TutorHost may use data for statistical analysis and may provide this to interested third parties. Privacy Policy (which can be found on the TutorHost home page).

63. TutorHost’s Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the TutorHost Website (including any which contain personal information) is, of course, accessible to internet users around the world.

Entire Terms and Conditions

64. These Terms and Conditions include TutorHost’s Privacy Policy and copyright notice. No third party shall have the right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.

Severability

65. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.

66. English Law and the jurisdiction of English Courts applies to these terms.