Student Terms & Conditions

Introduction

This page tells you the terms on which you may make use of our website www.tutorean.co.uk (Our Website). Please read these terms of use carefully before you start to use Our Website. By using Our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our website.

This website www.tutorean.co.uk is operated by Intersection Ventures Ltd ("we"). We are a limited company registered in England and Wales under company number 10179551 and have our registered office at 54a-54b Elizabeth Street, London, SW1W 9PB.

Definitions

Booking: means a lesson booked under the terms of paragraph 2 of these Terms.

Cancellation: means the cancellation of a Lesson as set out in clause 6 below.

Complaint: means a complaint raised by you in respect to any Booking or Lesson.

Lesson: means a lesson booked and provided in accordance with these Terms.

Lesson Fee: means the fee charged for a Lesson (including VAT if appropriate).

Payments: means the payment of any Lesson Fee made in accordance with clause 5 below.

Payment System: means the PCI compliant online payment system, accessed via Our Website.

Platform Fee: means the proportion of the Lesson Fee that we deduct for our commission prior to paying the Tutor. This fee is in line with the specific commission structure for each Tutor.

Refund: means the refund of a Payment as required in accordance with clause 6 below.

Terms: means these terms as amended from time to time.

Tutor: means a tutor, registered with Our Website, who is offering to provide tutorial services.

1. Terms
   1. These are the Terms on which Tutorean provides you access to our search platform to allow you to search for tutors and thus contact them directly.
   2. We are not a contracting agent or representative of any tutor or student. Tutors are independent contractors and are not our employees or agents.
   3. We are not a provider of tutoring services.
   4. These Terms tell you who we are, Tutorean’s policies including payments and cancellations, what to do if there is a problem and other important information.
2. Registering and Booking a Lesson
   1. Prior to booking a Lesson with a Tutor, you must register on Our Website and agree to be bound by these Terms.
   2. In order to register, you must provide your real name, email address, phone number and you must specify a password.
   3. You must be the sole user of the email address that you provide and we shall be entitled to assume that you are the person communicating via that email address.
   4. We reserve the right to decline any registration.
   5. Once you are registered, you may use Our Website’s online messaging system to contact Tutors and discuss possible Lessons.
   6. When you have agreed on the format of a Lesson, the Tutor shall create a Booking via Our Website stating the time, date, subject (and level), location and nature of the Lesson.
   7. Once you have received notification of the Booking via Our Website, you can choose to accept or decline the Booking.
   8. If you accept the Booking, you must immediately pay the full amount of the Lesson Fee via the Payment System. The Lesson Fee, charged by each Tutor, will be as specified on the Booking.
   9. Once you accept the Booking, there shall be a direct contractual agreement between you and the Tutor for the provision of the Lesson and, for the avoidance of doubt, we shall not be party to that agreement.
   10. Tutors are not employed by us and are responsible for their own conduct and behaviour both on and off Our Website.
3. Your Rights and Responsibilities
   1. To make a Booking yourself, you must be at least 18 years old and have the necessary capacity to enter into a legal contract. If you are under 18, a Booking may be made on your behalf by a parent or legal guardian.
   2. You must provide accurate, current and complete information when registering to use Our Website and ensure that all information that you provide to the Tutor, in respect of a Booking, is correct before you accept the Booking.
   3. You must ensure that you are at the appropriate location and on time for each Lesson.
   4. All arrangements for any tuition between you and any of the Tutors, must be arranged via a Booking using Our Website and not by way of a separate agreement.
   5. You shall be responsible for ensuring the Tutor and the Lesson are suitable for your individual learning requirements.
   6. All payments must be made via Our Website in accordance with these Terms and not directly to the Tutor.
   7. Our Website is for the personal use of individual students and must not be used for any commercial or business purposes without our prior written consent.
   8. You must comply with these Terms at all times and a failure to do so shall entitle us to remove you as a registered member of Our Website and to cancel any outstanding Bookings.
4. Our Rights and Responsibilities
   1. We shall use all reasonable endeavours to maintain and update Our Website as required from time to time and shall provide as much notice of any planned maintenance as is reasonably possible.
   2. We shall be entitled to make such changes to Our Website or these Terms as we feel are necessary from time to time.
   3. We shall use all reasonable endeavours to verify the identity of Tutors, make the relevant DBS checks and ensure that their references and certificates are valid.
   4. We shall communicate details of Bookings and Cancellations between you and the relevant Tutor as reasonably required.
   5. We shall process all Payments in accordance with clause 5 below.
   6. We shall comply with all relevant UK data protection legislation and EU General Data Protection Regulations (GDPR) and use all reasonable endeavours to ensure the safety of all confidential information that we hold as outlined in our Privacy Policy.
   7. We shall use all reasonable endeavours to monitor any postings or comments made on Our Website and the messages sent between registered users and Tutors and may delete any such communications as we feel is reasonably necessary in the interest of Our Website and its users.
   8. We shall use all reasonable endeavours to investigate any Complaints as set out in clause 7 below.
   9. If you are not fully satisfied with a Tutor you have selected via Our Website, we will use all reasonable endeavours to match you with another Tutor at a similar rate.
5. Payments
   1. We shall process all Payments via the Payment System.
   2. You must pay the relevant Lesson Fee in full using the Payment System at the time the Booking is confirmed.
   3. We shall deduct the Platform Fee from the Lesson Fee before forwarding the Payment to the Tutor, which will be transferred 24 hours after the lesson and will take 7 days to reach the Tutor’s account.
   4. Although Payments are made via the Payment System, we are not liable for the actual processing of the Payments through the banking system.
6. Cancellation
   1. You may cancel a Booking, without any charge, if you give at least 24 hours notice before the Lesson is due to commence.
   2. If you cancel a Booking by giving less than 24 hours notice, before the Lesson is due to commence, you will be charged 50% of the Lesson Fee.
   3. If you fail to attend a Lesson, you will be charged the full Lesson Fee.
   4. A Tutor may cancel a Lesson at any time and in such an event, you will receive a Refund of the relevant Lesson Fee.
   5. In the event that the Tutor does not attend a Lesson for any reason, without giving notice, you must inform us by email within 48 hours of the scheduled finishing time of the Lesson. Once this has been confirmed, you will receive a Refund of the relevant Lesson Fee.
   6. Neither you nor the Tutor may cancel a Lesson once it has commenced.
   7. Any notice to be given in accordance with this clause 6, must be given via the Cancellation feature on Our Website.
7. Complaints
   1. If you have a Complaint concerning a Tutor or a Lesson, you should notify us, by email including full details of the nature of the Complaint.
   2. Although we will pass details of the Complaint to the relevant Tutor, we are not a party to the legal contract between you and the Tutor and cannot accept any liability in respect of any dispute between you.
8. Child Protection
   1. We aim to create and maintain the safest possible environment for children and take very seriously the responsibilities to safeguard and protect the interests of all young people with whom the Tutor’s come into contact.
   2. Unless otherwise agreed, Tutors are not to be left in the sole care of a child.
   3. Tutors agree to comply with The Tutor’s Association Child Protection Policy and all relevant legislation and government guidance.
   4. In the event of any concerns about potentially abusive behaviour towards a child you should record the details and report it to the appropriate authorities as well as to us so that we can investigate and take appropriate action.
9. Our Liability
   1. The material displayed by the Tutors or any other third party on Our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

      - All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity

      - Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

      - loss of income or revenue;

      - loss of business;

      - loss of profits or contracts;

      - loss of anticipated savings;

      - loss of data;

      - loss of goodwill;

      - wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

      This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

10. Privacy Policy
    1. Tutorean’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.
11. Other important terms
    1. Intellectual Property.

       We retain all right, title, and interest in and to all intellectual property used in connection with Our Website. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect any of our rights or interests therein or any of our other intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by us.

    2. We may transfer this Agreement to someone else.

       We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

    3. If a court finds part of these Terms are illegal, the rest will continue in force.

       Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    4. Even if we delay in enforcing these Terms, we can still enforce it later.

       If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    5. Laws that apply to these Terms and where you may bring legal proceedings.

       These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.