1.1 TutorExtra Ltd (company number 11221237), referred to as ‘we’, ‘us’ and/or ‘our’, provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), as well as personal trainers, childcare providers, training centres, schools and to any other entity on whose behalf users accept these Terms (“Providers”). The terms “you” or “user” or “users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Tutor Extra Ltd and you, and you accept them by:
2 HOW THE SERVICE WORKS
2.1 We are an online marketplace for Students and parents of Students (“Parents”) and a network of independent contractor Tutors and businesses (“Provider Members”). We do not endorse, hire or employ the Provider Members nor are we responsible or liable in any way whatsoever for any interactions involved between Provider Members and their respective Student and Parents or between any users of the Site. Our services (the “Services”) are separate and distinct from the services of Provider Members.
2.2 For Provider Members, we offer various hosted products to support tutoring, learning and/or instruction including marketing, scheduling, billing and communication tools. Provider Members can also apply to use our Services where prospective Students can review their profile, communicate with Provider Members and book lessons and other services ancillary thereto (called a "Listing"). We do not take any payments for lessons from a Student or Parent. Payment for lessons must be arranged directly with the Providers.
2.5 We reserve the right to change these Terms from time to time without providing prior notice to you by changing them on our Site and indicating a new effective date at the top of them. Continued use of the Site after such date shall indicate your agreement to those updated Terms.
2.6 If there is a conflict between these Terms and any terms and conditions posted for a specific area of or within our Services, those terms and conditions will take precedence with respect to your use of or access to that specific Service, but these Terms shall still apply to our legal relationship.
3.1 You may use some of our Services at no direct cost. However, in order to access additional features and Services, you must register as a member on our Site (a “Member”). By becoming a Member, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete for the duration of your use of the Services. A Member may not have more than one active TutorExtra Account at the same time. We reserve the right to suspend or terminate your TutorExtra Account and your access to our Services for any reason whatsoever without providing you with any prior written notice.
As a Student or Parent Member, you will have the ability to book and pay for lessons, communicate with Providers, access help documents and use any other Services provided to Student or Parent Members. Additional terms and conditions of service may be contained within your Student or Parent Member account.
You must be at least eighteen (18) years old to be a Provider Member. As a Provider Member, you will have access to tools that enable you to manage marketing, scheduling, billing and communication and other tools provided by us. In addition, you will have the opportunity to apply for a Listing. Posting of a Listing is at our sole discretion and we may remove Listings from our Services at any time, for any reason, and without providing any prior notice to you. Any Listing you post must:
(i) not breach any agreements you have entered into with anyone, including these Terms; and
(ii) contain accurate, current and complete information.
Any Provider Member who accepts a booking through our Services must honour all terms and conditions of the Listing, these Terms and any additional terms and conditions in effect at the time of booking. Additional terms and conditions of service may be contained within your Provider Member account.
Our Services are separate and distinct from the services of the Providers. You acknowledge that Provider Members are not employees or agents of us but are independent contractors who operate a separate and distinct business from ours. As such, we do not endorse or control the Providers, the manner or method of service to you, exercise no control over your working relationship with the Provider Member and do not warrant your safety or the service of any Provider Member. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Members.
4 BACKGROUND AND VERIFICATION CHECKS
4.1 We have no obligation to perform Disclosure and Barring Service (DBS) checks (previously known as Criminal Records Bureau/CRB check) on any Members. It is the responsibility of Students/Parents to review Tutors’ profiles prior to seeking their services. The Tutors may order checks about themselves independently and can also upload their DBS certificate on their profiles to comply with best practice, although there is no obligation to do so.
4.2 By registering for and using the Site or Services as an individual Tutor, you acknowledge and agree that for the legitimate business purpose of protecting the safety and integrity of our Site, we:
5 ACCESSING OUR SITE
5.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.
5.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
5.4 We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.
6 USING OUR SITE
6.1 You must be 18 years or over in order to use our site. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to these Terms by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian if required by law. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms.
6.2 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
6.3 While using our Services you agree not to:
6.4 We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 All content on our Site including, without limitation, anytext, software, photographs and graphics is protected by United Kingdom and international copyright laws. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms, nothing in these Terms shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks, or any of the content of our Site, in whole or in part, except as provided in these Terms.
7.2 If you believe that your work has been copied and posted on the Site or used in any of our Services in a way that constitutes copyright infringement, please contact us immediately at firstname.lastname@example.org.
7.3 Opinions, advice, statements, reviews, offers, or other information or content made available through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
8 IF YOU PROVIDE CONTENT FOR OUR SITE
8.1 If you provide any material to our Site (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (“User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our business purposes, including, without limitation, providing the User Content to selected third party partners, service providers, social media and networking sites. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
8.2 Subject to clause 8.1, you own your User Content at all times, and you continue to have the right to use it in any way you choose.
8.3 By providing any User Content to our Site you confirm that such User Content:
8.4 If you do not want to grant us the permissions set out above, please do not provide any material to our Site.
8.5 We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason.
8.6 We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
9 YOUR RESPONSIBILITY
You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorised third party and will take sole responsibility for any activities or actions under your account on our Site, whether or not you have authorised such activities or actions. You agree to:
We will not be liable for any loss or damage arising from your failure to comply with the provisions of this clause 9. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your account.
10 YOUR INTERACTIONS WITH OTHER MEMBERS AND OUR LIMITATION OF LIABILITY
10.1 You are solely responsible for your interactions with other Members. You understand that not all providers on the Site have background checks and that we do not perform background checks on Student, Parent or Provider Members. The extent of our background check is limited by the quality and scope of service provided by our third party investigative service and the limitations of computer accessible public records. Not all jurisdictions or crimes are evaluated as part of the criminal background check. We do not attempt to verify the qualification or statements of our Members. We make no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.
10.2 No Member is obligated to meet offline with any other Member. You agree to take reasonable precautions in all interactions with other Members of our services. You understand that we make no guarantees, either express or implied, regarding your ultimate experience with Members you meet through our services. You do so at your own risk and at your own peril.
10.3 In no event shall we and/or our officers, employees, agents or affiliates be liable to you or any third person for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary, and/or incidental, including lost profits, arising out of or relating to any act or omissions of you, us and/or our officers, employees, agents or affiliates, our third party investigative service, any Member or anyone else in connection with the use of our Services or the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of our Services or persons you meet through our Services, or otherwise.
10.4 Notwithstanding anything to the contrary contained herein, and to the maximum extent allowed by law, the liability of us and/or our officers, employees, agents and affiliates, to you and your heirs at law for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by you to us for our Services during the preceding twelve (12) months.
11 OUR LIABILITY & DISCLAIMER
11.1 Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law. We hereby disclaim all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
11.2 There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
11.3 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
11.4 If we do not comply with these Terms, then we will only be liable for losses you have suffered as a direct result of such failure. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
11.5 We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of these Terms. Also, it is possible that other Members or users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Site or release to others using our Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorised users), whether such acts or omissions occur during the use of the website, our services or otherwise.
12 OTHER DISCLAIMERS
12.1 We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or these Terms.
12.2 We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services.
12.3 We cannot guarantee and do not promise any specific results from use of our Services.
12.4 Some of our Services may require Students or Parents to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.
13 MEMBER DISPUTES
You are solely responsible for your interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.
14.1 Where our Site contains links to other websites and resources provided by third parties (“Third Party Sites”), these links are provided for your information only. We have no control over the contents of those websites or resources. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.
14.2 Any formal legal notices should be sent to us using the details set out on our Site.
14.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms.
The fees payable for our Services shall be as stated on our Site or as agreed between us from time to time and shall be subscription based in nature and payable in advance by any means specified by us from time to time.
16 MODIFICATION TO SERVICES
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be posted within your Member profile, on the Site or communicated through our Services.
17 TERM OF THE AGREEMENT
These Terms will remain in full force and effect while you use our Services and/or are a Member. You may terminate your membership at any time, for any reason, by sending a written notice of termination to Tutor Extra Ltd., The Archive Centre, Honeywood Road, Dover, Kent, CT16 3EH. To help us analyse and improve our Services, you may be asked to provide a reason for your resignation/cancellation. We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realised in such transactions, had Member not circumvented our rights under this Agreement.
19 NO NON-PERMITTED USE BY MEMBERS
Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorised uses of our Services may be referred for criminal prosecution.
20 RELEASE AND INDEMNIFICATION
In the event that you have a dispute with one or more Members or other users of our Services (including, without limitation, any dispute between members regarding any transaction or user contributed content) or any third party website that may be linked to or from or otherwise interact with our Services, including without limitation any social media site, you hereby agree to release, remise and forever discharge Tutor Extra Ltd. and our respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site and our Services. Unless otherwise prohibited by law, you hereby agree to indemnify, defend and hold Tutor Extra Ltd. and our respective agents, directors, officers, employees, and all other related persons or entities (collectively, the "indemnified parties") harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the Site, our Services or otherwise relating to the business we conduct (including, without limitation, any potential or actual communication, transaction or dispute between you and any other member or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any services or service provided by a third party provider, any use of a tool or services offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent. This section survives termination of these Terms.
21 EUROPEAN UNION
In the event that the sale or delivery of a product or service is subject to any value added tax ("VAT"), under applicable law, we will collect and remit the VAT to the competent tax authorities for sales of such products or services as required by law. You will indemnify and hold us harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
22 ALL OTHER COUNTRIES
For sales in countries other than the European Union, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location).
23 GOVERNING LAW AND JURISDICTION
The laws of England and Wales apply to your use of our Site and these Terms. We control our Site from within the United Kingdom. However, you can access our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country in which you reside.
24 HOW TO CONTACT US
If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.