Tutor Terms & ConditionsLast modified date: May, 24th 2018
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.
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 a Student in respect of 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 you. We will agree a specific commission structure with you and advise you by email of any variation to the structure or the Platform Fee.
Refund: means the refund of a Payment as required in accordance with clause 6 below.
Student: means a person who wishes to engage in tutorial services via Our Website.
Terms: means these terms as amended from time to time.
- These are the Terms on which Tutorean provides access to the platform to allow you to offer your tutoring services and to communicate directly with students and parents.
- Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute any party as our agent, or authorise any party to make or enter into any commitments on our behalf.
- You confirm you are acting on your own behalf and not for the benefit of any other person.
- We are not a provider of tutoring services.
- You are not employed by us and are responsible for your own conduct and behaviour both on and off Our Website.
- 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.
- Registration and taking a Lesson
- To register to be a tutor on Our Website, you must be a least 18 year old and you must input the information and evidence of qualifications required by the registration process. You are responsible to ensure that all such information is complete, accurate and up to date.
- It is a material requirement of these Terms that you fully disclose all previous criminal convictions or cautions other than minor road traffic convictions.
- By registering as a tutor on Our Website you agree to be bound by these Terms.
- 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.
- You must not impersonate any other person or entity or use a false name or a name that you have no authority to use.
- Once you have completed the registration process, we will use reasonable endeavours to verify the information provided and we may carry out DBS checks.
- If we are satisfied with your registration details, we will activate your profile to Our Website for Students to access.
- We reserve the right to decline any registration.
- Once your profile is activated on Our Website, it is your responsibility to inform us of any changes to the information displayed and to confirm any change to the amount of your Lesson Fee.
- When you have registered, you can be contacted by Students via Our Website’s online messaging system to discuss possible Lessons. You can also contact Students by applying for tutoring roles they post publicly on the Tutorean Jobs Board.
- When you have agreed the format of a Lesson with a Student, you can create a Booking via Our Website stating the time, date, location and nature of the Lesson.
- Once the Student has received notification of a Booking via Our Website, the Student can choose to accept or reject the Booking.
- If the Student confirms the Booking, they have done so by paying for the Lesson. Therefore, there shall be a direct contractual agreement between you and the Student for the provision of the Lesson and, for the avoidance of doubt, we shall not be party that agreement.
- Your Rights and Responsibilities as a Tutor
- You must attend all Lessons on time and fully prepared to teach the Lesson agreed in the relevant Booking.
- You must behave in a professional manner in all your dealings with Students both on and off Our Website.
- You should take every precaution to ensure that Lessons are held in a safe environment for yourself and the Student.
- Where a Student is under the age of 18, you must ensure that the Student is represented by a parent or legal guardian who has given consent for the Student to attend the Lesson.
- You must be legally entitled to work in the UK on a self employed basis.
- All arrangements for any tuition between you and any of the Students, must be arranged via a Booking using Our Website and not by way of a separate agreement.
- All payments must be made via Our Website in accordance with these Terms and not directly to the Student.
- You agree to allow us to include you in any tutor ranking system that we may operate via Our Website. Such ranking system may include a combination of profile data, Student reviews, and such other data that may be available to us.
- 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 Lessons that any Student may have booked with you.
- You shall fully indemnify us in respect to any claim, or liability (including all costs and expenses) that we incur as a direct or indirect result of your use of Our Website or your interaction with Students.
- Our Rights and Responsibilities
- 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.
- We shall be entitled to make such changes to Our Website or these Terms as we feel are necessary from time to time.
- Whilst we shall use all reasonable endeavours to verify your identity, make the relevant DBS checks and ensure that your references and qualification certificates are valid, it is a material requirement of these Terms that you ensure all references and qualification certificates are up to date, accurate and genuine.
- We shall communicate details of Bookings and Cancellations between you and the relevant Student as reasonably required.
- We shall process all Payments in accordance with clause 5 below.
- 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.
- We shall use all reasonable endeavours to investigate any Complaints as set out in clause 7 below.
- We shall process all Payments via the Payment System.
- The Student will pay us the relevant Lesson Fee in full, using the Payment System at the time the Booking is made.
- We shall deduct the Platform Fee (and VAT on this fee) from the Lesson Fee and, subject to the Student making a Complaint or valid Cancellation, we shall authorise the transfer of the balance by, BACS electronic transfer, to your nominated bank account, within 7 days from the scheduled finishing time of the Lesson.
- Although Payments are made via the Payment System, we are not liable for the actual processing of the Payments through the banking system.
- A Student may cancel a Booking, without any charge, if they give at least 24 hours notice before the Lesson is due to commence.
- If a Student cancels a Booking by giving less than 24 hours notice before the Lesson is due to commence, the Student will be refunded 50% of the Lesson fee. That amount, less the full Platform Fee, will be transferred to you in accordance with clause 5.3 above.
- If a Student fails to attend a Lesson, they will be charged the full Lesson Fee and that amount, less the full Platform Fee, will be transferred to you in accordance with clause 5.3 above.
- You may cancel a Lesson at any time and in such an event, you will not be paid the Lesson Fee and full Refund will be made to the Student.
- In the event that the Student 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.
- Neither you nor the Student may cancel a Lesson once it has commenced.
- Any notice to be given in accordance with this clause 6, must be given via the Cancellation feature on Our Website.
- If you have a Complaint concerning a Student, you should notify us, by email including full details of the nature of the Complaint.
- Although we will pass details of the Complaint to the relevant Student, we are not a party to the legal contract between you and the Student and cannot accept any liability in respect of any dispute between you.
- Child Protection
- 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 who come into contact.
- Unless otherwise agreed, you must not be in a position where you have sole care of a child.
- You agree to comply with the The Tutor’s Association Child Protection Policy and all relevant legislation and government guidance.
- Our Liability
- 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.
- To the extent permitted by law, we hereby expressly exclude:
- Other important terms
- 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.
- 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.
- 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.
- 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.
- 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.
- Intellectual Property.