Version Date: 30/7/2016
Changes to previous version: None.
This page (together with the documents referred to on it) tells you the terms on which you may use our website www.tutorhouse.co.uk (“Website”), whether as a guest or a registered user (“Terms”).
Please read these Terms carefully before using this Website. Your attention is particularly drawn to the following:
- Our User Conduct and Content Standards – which apply to any images, drawings, video, audio, text, lists and other content you upload to this Website (“User Content”) (paragraph 17).
- Our Disclaimers and Limitations of Liability (paragraph 10).
- Our ability to terminate your access to this Website (paragraph 21).
By using this Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using this Website.
1. INFORMATION ABOUT US
1. Tutor House Limited (“Tutor House”, “us”, “we”, “our”) is a limited liability company registered in England and Wales, number 07407081. Our registered office address is 4 Percy Street, London, W1T 1DF
2. If you have any questions about us, the Terms, or this Website please contact our Customer Services team on 0207 612 8297 or by email at email@example.com
3. For the purposes of the Data Protection Act 1998, we are registered with the Information Commissioner’s Office (registration number: ZA185435)
2. THE PLATFORM
2.1 We provide a platform via the Website (“Platform”) which enables people wishing to access tutoring services (each a “Client”) to find a tutor registered on the Platform (each a “Tutor”) and arrange tutoring sessions (each a “Tutor Session”) with the Tutor.
2.2 As well as the Platform, Tutor House is able to provide certain in-house services which can also be booked through this Website. These in-house services are subject to additional terms and conditions. You can find out more about our in-house services here.
3.2 Your use of this Website means that a contract consisting of these Terms is formed between us and you which governs your use of this Website and your access to the services available on this Website from time to time. The contract between us and you is separate and distinct from any contract for a Tutor Session which you may form with a Client or Tutor through the Platform.
3.3 These Terms will apply:
3.3.1 howsoever you decide to access the Platform (including through the Website or through any mobile device application); and
3.3.2 to all users of the Website, including Clients, Tutors and guests and references in these Terms to “you” or “your” are to you, the user of the Website, whether you are a Client, Tutor or guest.
3.4 Certain paragraphs of these Terms are only relevant to Clients and certain paragraphs are only relevant to Tutors. However, we encourage you to read them in their entirety.
3.5 We may make changes to these Terms to reflect the way we operate the Website from time to time and will take reasonable steps to bring any material changes to your attention. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
3.6 If you do not agree to any changes made to these Terms, you must cease using the Website.
3.7 Every time you access the Website, the Terms in force at that time will apply to your use of the Website.
3.8 Changes made to these Terms will not affect or amend an existing contract for a Tutor Session.
4. HOW TO USE THE PLATFORM
4.1 A Client (or potential Client) can use this Website to search for and browse a selection of Tutors matching their location and experience requirements. A Client can select a Tutor with whom they would like to book a Tutor Session by submitting a booking request to them through this Website (“Booking Request”).
4.2 After a Client has submitted a Booking Request to a Tutor, the Client and Tutor can use the Website’s messaging service to discuss and agree the details of the Tutor Session.
4.3 In order to confirm the Tutor Session, the Tutor must use the Platform to submit a booking confirmation (“Booking Confirmation”). The Tutor shall ensure that the Booking Confirmation contains the price, date, time, location, duration and subject-matter of the Tutor Session, together with any additional travel or materials costs which are to be reimbursed by the Client.
5. TUTOR SESSION CONTRACTS
5.1 When a Booking Confirmation is issued by the Tutor, a contract for a Tutor Session is formed between the Client and Tutor (“Tutoring Contract”). Each Tutoring Contract will incorporate the provisions at paragraphs 4, 5, 6, 7, 8 and 9.
5.2 Please note:
5.2.1 we do not provide any tutoring through the Platform;
5.2.2 our role is limited to providing the Platform;
5.2.3 we are not a party to any Tutoring Contract; and
5.2.4 we are not the employer, principal or agent of any Client or Tutor.
5.3 Tutors can only arrange to provide tutoring services to Clients (and changes to and cancellations of Tutor Sessions can only be made by you) through this Website. Tutoring Contracts are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to any and all disputes arising from them. However, the Client will have the right to have the dispute or claim heard by the courts in the Client’s home jurisdiction.
6.1 While we provide a guide to the pricing of Tutor Sessions, Tutors remain free to determine their hourly rate, which will be specified in the Tutor’s profile and can be checked prior to submitting a Booking Request.
6.2 The fee payable by the Client for a Tutor Session (“Fee”) will be calculated according to the hourly rate of the Tutor which is specified in the Tutor’s profile, and the duration of the Tutor Session.
6.3 No fees are payable in order to register on the Platform as a Tutor or Client. However, we will receive 15%-25% of the Fee for each Tutor Session (“Commission”).
6.4 All payments made using the Platform are processed by our payment service provider (“PSP”). The PSP will charge 2.5% of the Fee for each Tutor Session.
6.5 The PSP will collect payment of the Fee on the date upon which the Tutor Session takes place using the payment card details provided when the Client booked the Tutor Session.
6.6 The PSP will deduct the Commission and its own charges from the Fee paid by the Client before transferring the remaining part of the Fee to the Tutor within 48 hours.
6.7 The Fee is inclusive of any applicable value added tax.
6.8 Any expenses incurred by the Tutor in the provision of a Tutor Session, including travel expenses, hotel costs, subsistence and any associated expenses will be reimbursed by the Client directly to the Tutor.
6.9 The Tutor must not receive or accept directly from the Client or any student or any other person any sums due for the provision of a Tutor Session. All payments must be processed through this Website by our PSP.
6.10 You shall promptly provide us with written details of all time incurred by the Tutor in providing Tutor Sessions and any other information relating to the provision of Tutor Sessions as we may reasonably request from time to time.
6.11 Tutors will be informed of our Commission rate and the PSP’s charges during their registration on the Platform. We may change any of our commission rates and PSP charges from time to time to reflect legitimate cost increases or reductions in operating this Website or providing any services under these Terms. We will give you at least 30 days’ notice of any change in our commission rates in accordance with paragraph 3.4. Any such changes in our commission rates will only affect Tutor Sessions requested on and after the date on which the change is stated to take effect.
7. CANCELLATION OF TUTOR SESSIONS
7.1 Tutor Sessions can only be cancelled by submitting a notice of cancellation via this Website.
7.2 If a Tutor Session is cancelled by the Client less than 48 hours before it is due to take place or if the Tutor Session is not cancelled but does not go ahead for reasons attributable to the Client, the Tutor reserves the right to charge the Fee in full, in which case payment will be taken from the Client for the Fee on the earlier of: (i) the date upon which the Client cancels the Tutor Session; and (ii) the intended date of the Tutor Session, unless the Client benefits from the statutory cooling-off period at paragraph 7.5 below.
7.3 If events or circumstances outside the reasonable control of the Tutor prevent or are likely to prevent the Tutor from attending a Tutor Session, the Tutor will make every reasonable effort to inform the Client using this Website’s messaging service and to rearrange the Tutor Session as soon as reasonably practicable. If the Tutor Session cannot be rearranged, the Tutor must cancel it using the Website.
7.4 No Fee will be payable in the event that a Tutor Session is cancelled by the Tutor or by the Client 48 hours or more before the Tutor Session is due to take place.
7.5 Clients who are also acting as consumers (“Consumer Clients”) have a legal right under the Consumer Contracts Regulations 2013 to change their mind and cancel a Tutor Session within the 14 day period commencing the day after the Booking Confirmation without having to pay the Fee or incurring any other charge (“Cooling-Off Period”). However, Tutor Sessions can take place during the Cooling-Off Period if the date of the Tutor Session requested by the Consumer Client and confirmed by the Tutor in the Booking Confirmation falls during the Cooling-Off Period, in which case the Consumer Client will be required to pay the Fee for the Tutor Session in accordance with these Terms. To cancel a Tutor Session in accordance with your legal right to do so, the Consumer Client just needs to let the Tutor and us know that you have decided to cancel. The easiest way to do this is through your account on the Website. If you use this method we will e-mail you and the Tutor to confirm we have received your cancellation.
8. TUTOR TERMS
8.1 This paragraph 8 applies to all users of this Website who are intending to make or have made an application to register as a Tutor on this Website. It also applies to Tutors who are already registered on this Website.
8.2 Your application to register as a Tutor must be accompanied by:
8.2.1 your current Disclosure and Barring Service (“DBS”) certificate;
8.2.2 your degree certificate, if required; and
8.2.3 an acceptable form of photographic identification such as passport or driving license.
You may also be required to attend an interview at a location specified by us before your application is considered.
8.3 In order to register as a Tutor, and before a Client can book a Tutor Session with you, you will be required to confirm your acceptance of the terms and conditions of our PSP by clicking a tick-box acceptance.
8.4 The Tutor will provide Tutor Sessions with all due care and skill, in conformity with the Terms and the Booking Confirmation and in compliance with all applicable statutory and regulatory requirements and standards of best practice.
8.5 The Tutor shall take all appropriate steps to safeguard and protect the interests of the Client and (if a different person) the student.
8.6 The Tutor warrants and represents to us that all written and oral statements and information provided when registering as a Tutor for the purposes of or in connection with the Tutor Session, including personal information about the Tutor and/or your qualifications, credentials, references and suitability for providing the tutoring services were when provided and remain true, complete and accurate.
8.7 The Tutor agrees:
8.7.1 while registered on this Website not to provide any tuition or educational services to a Client registered on this Website (apart from Tutor Sessions booked through this Website) unless you agree to an ‘Introduction’ fee, as outlined in paragraph 8.7.4;
8.7.2 while registered on this Website not to provide any tuition or educational services (apart from Tutor Sessions booked through this Website) to any sibling or other relative of a Client or to any person introduced, directly or indirectly, to the Tutor by a Client, or unless you agree to an ‘Introduction fee’ as outlined in paragraph 8.7.4; and
8.7.3 during the period of 12 months after (the later of) the date upon which: (i) the Tutor is in contact with a Client through this Website; and (ii) the Tutor has a Tutor Session booked with a Client, not to provide any tuition or educational services to such Client (apart from Tutor Sessions booked through this Website) or to any sibling or other relative of such Client or to any person introduced, directly or indirectly, to the Tutor by such Client.
8.7.4 In the event that one of the below scenarios occurs within 12 months of an ‘Introduction’ by Tutor House Limited, the ‘Tutor’ agrees to pay Tutor House Limited an ‘Introduction Fee’ to continue working with the ‘Client’ in question;
a) the ‘Tutor’ provides educational services to a ‘Client’ or any sibling or other relative, other than through the Tutor House Limited platform; or
b) the ‘Tutor’ introduces a ‘Client’ to another ‘Tutor’ or third party who provides educational services to that ‘Client’ other than directly through the Tutor House platform.
The ‘Introduction Fee*’ payable will be calculated as being equivalent to 20 hours’ worth of tutoring at the full rate charged or to be charged to the ‘Client’ by the ‘Tutor’.
8.8 The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, the provision of a Tutor Session by the Tutor, the Tutor’s use of this Website, any act or omission by the Tutor and any breach or non performance of these Terms by the Tutor.
8.9 The Tutor shall duly and promptly pay all income tax and national insurance contributions in relation to all charges and sums payable to the Tutor by a Client and shall be responsible for completing and submitting all relevant assessments, returns and other information to HM Revenue & Customs in relation to such charges and sums and to his taxation affairs generally. The Tutor shall indemnify us and keep us fully and effectively indemnified on demand against all income tax, national insurance contributions and related penalties and/or interest in respect of any charges paid or payable by us to the Tutor for Tutor Sessions or otherwise for or in connection with the Tutor’s use of this Website, and any reasonable costs incurred by us in recovering any such sums.
8.10 The Tutor acknowledges that if a Tutor engages the services of an accountancy firm introduced by us to the Tutor, we may receive a commission from such accountancy firm for the introduction but we will not be responsible for any advice or services provided by such accountancy firm.
9. CLIENT TERMS
9.1 This paragraph 9 applies to all users of this Website who are intending to make or have made an application to register as a Client on this Website. It also applies to Clients who are already registered on this Website.
9.2 In order to make a Booking Request, you must register as a Client and provide valid debit or credit card details which will be used to take payment for your Tutor Sessions. You will also be required to confirm your acceptance of the terms and conditions of our PSP by clicking a tick-box acceptance.
9.3 When a Booking Request is submitted your card will be subject to an authorisation hold, which will be cancelled unless a Booking Confirmation is sent by the Tutor to you within 48 hours. If a Tutor Session is cancelled by the Tutor, the authorisation hold on your card will be cancelled.
9.4 All payments must be made through the Website. You agree to inform us immediately if a Tutor requests payment for a Tutor Session (in whole or in part) otherwise than through the Website.
9.5 You agree not to make any arrangements for tutoring services with any Tutor other than through this Website for 12 months’ following the later of (i) your registration on the Platform; and (ii) the latest Tutor Session booked using this Website.
9.6 While we do interview certain Tutors and check that they have a current Disclosure and Barring Service certificate and degree certificate(s) prior to accepting their application to register on this Website, we do not guarantee that a Tutor is suitably qualified to provide the services offered by a Tutor through this Website and we do not routinely verify the Tutor’s identity, his or her relevant experience, training and qualifications and any authorisation and clearances (including from the Disclosure and Barring Service) which may be required by law or by any relevant professional body.
9.7 If at any stage you have concerns about the competence, qualifications, suitability or performance of any Tutor please notify us and we will investigate.
9.8 The Client shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, any content posted on the Website by the Client or any improper use of the Website.
9.9 Where a Tutor Session is to be provided on any premises of or designated by the Client, the Client must provide the Tutor, in a timely manner, with sufficient details of the relevant location, ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Tutor Session.
10. DISCLAIMERS AND OUR LIABILITY TO YOU
10.1 Nothing in these Terms shall exclude or limit our liability for:
10.1.1 personal injury or death resulting from our negligence;
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 or for any breach of the obligations implied by section 2 of the Supply of Good and Services Act 1982;
10.1.4 for breach of a Client’s legal rights in relation to the services available on the Platform, including the right to receive services (from the Tutor or us, as applicable) which are as described and supplied with reasonable skill and care; or
10.1.5 any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.
10.2 We cannot guarantee that this Website will be:
10.2.1 compatible with all or any hardware and software which you may use;
10.2.2 available all the time or at any specific time; or
10.2.3 accurate and up to date.
10.3 We use industry standard techniques to protect our Website from bugs, viruses and attacks but cannot guarantee that our Website will be free from bugs, viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.
10.4 The Tutor is not our employee or agent and, save where expressly provided for in these Terms, a Tutor or Client has no power or authority to alter or waive any of these Terms, or to bind or commit us in any way.
10.5 While we aim to interview all Tutors before they are permitted to advertise on the Platform, we are not responsible for the actions of Tutors and cannot vouch for the quality of the service provided by the Tutor. [The Client should be present at all times during Tutor Sessions which are to be delivered to a minor.]
10.6 The content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website, we make no promises that the content on the Website is accurate, complete or up to date.
10.7 We do not provide tutoring services through the Platform and we provide no guarantee or assurances that the tutoring services accessed through the Platform will achieve or contribute to the achievement of any qualification, accreditation or other goal, standard or recognition.
10.8 We shall be responsible to a Tutor or Client for certain types of loss or damage which is suffered as a foreseeable result of our breach of these Terms or our negligence (including any breach or negligence committed by any of our officers, employees or agents) and which arises directly from our actions but we shall not be responsible for:
10.8.1 any loss or damage that was not an obvious consequence of our breach or that was not contemplated by us and you at the time you accepted these Terms (for example, any indirect, special or consequential loss or damage);
10.8.2 loss of profits or contracts;
10.8.3 loss of revenue;
10.8.4 loss of business;
10.8.5 loss of goodwill;
10.8.6 business interruption;
10.8.7 wasted management or office time;
10.8.8 loss of anticipated savings;
10.8.9 loss caused by circumstances outside our control;
10.8.10 loss or damage that was caused by your breach of the Terms;
10.8.11 loss or damage arising directly or indirectly from any act or omission of a Tutor;
10.8.12 loss or damage caused by the Website being unavailable at any time or for any period;
10.8.13 loss or damage caused by a breach by the Tutor or Client of a Tutoring Contract; or
10.8.14 any loss or damage caused to you as a result of your browsing this Website as a guest, whether caused by tort (including negligence), breach of contract or otherwise.
10.9 We will have no liability to the Tutor for any loss, damages, expenses, payments or injury which the Tutor may incur arising from the security or state or condition of any premises in which a Tutor Session is provided or from any act or omission of a Client, a student or any third party occurring on any such premises or otherwise during the course of or in connection with the provision of the Tutor Session.
10.10 All terms, conditions and warranties implied by any applicable law are to the fullest extent possible excluded from these Terms.
10.11 Clients and Tutors should consider taking out insurance cover in respect of losses incurred by either party as a result of the hosting or delivery of a Tutor Session. We will have no liability for any loss or injury sustained by a Client, Tutor or student due to the premises at which the Tutor Session is delivered not being safe or suitable.
11. ACCESS AND USE OF THE WEBSITE
11.1 You must be 18 years of age or older to register as a Client or Tutor.
11.2 We grant you a limited, non-exclusive, non-transferable and revocable licence to access this Website and its content and services solely as an end user and subject to the Terms.
11.3 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis and we may suspend access to the Website, or any part of it, without notice where we are required to do so by any applicable law or where the Website is unavailable through no fault of our own. In other circumstances we will give you at least 7 days’ prior notice by posting such notice on the Website before it will be unavailable.
11.5 You will not access or use the Website except for its intended purpose and will not attempt to:
11.5.1 gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Website by any means;
11.5.2 reverse engineer or decompile (whether in whole or part) the Website or any software available through it;
11.5.3 make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained in it, other than as permitted by law;
11.5.4 use the Website for any purpose that is unlawful under any applicable law;
11.5.5 use the Website to commit any act of fraud;
11.5.6 use the Website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or
11.5.7 use the Website in any manner that disrupts its operation.
11.6 You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.
11.7 The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
11.8 You are responsible for making all arrangements necessary for you to have access to the Website including configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
11.9 You may link to the Website from another website without our consent in writing if you:
11.9.1 link only to the homepage of the Website at www.tutorhouse.co.uk;
11.9.2 do not create frames or any other border around the Website;
11.9.3 comply with all relevant laws and regulations on the website or platform you are linking from;
11.9.4 do not imply that we endorse or are associated with your (or any other) website, product or service; and
11.9.5 ensure that the website from which you are linking does not contain inappropriate or distasteful content which may reflect badly on us.
12. YOUR ACCOUNT
12.1 We may restrict access to our entire Website or certain parts of this Website to users who have registered with us.
12.2 By making an application to register, you agree and confirm:
12.2.1 all the information you have provided is accurate and correct and you are the person whose details you have provided;
12.2.2 you can enter into a legally binding agreement with us;
12.2.3 you will only use the Website as envisaged by the Terms;
12.2.4 you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;
12.2.5 in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;
12.2.6 in the case of a company, LLP or partnership, you are duly authorised to act on its behalf;
12.2.7 you hold a current account at a UK bank or building society; and
12.3 You must provide us with all information requested during the application process and comply with all our eligibility requirements.
12.4 We reserve the right, in our sole discretion, to refuse to register you on the Platform for any reason.
12.5 When you register you will be given either a tutor or client account (“Your Account”) which will be linked to your email address and protected by a password. You agree to keep your password strictly confidential and you must not disclose it to any third party. You agree to protect it in the same way as you would details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.
12.6 You agree that we are entitled to assume all correspondence, orders, transfers and instructions made through Your Account are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that Your Account has been compromised or your password is being misused so that we may suspend Your Account.
12.7 We have the right to disable Your Account at any time if, in our reasonable opinion, you have failed to comply with any material provisions of the Terms.
12.8 You agree to inform us as soon as possible if any information provided by you or contained in Your Account changes and/or if you become aware of any errors with respect to Your Account.
13.2 By using this Website, you are consenting to such processing and use, and you warrant that all data provided by you is accurate, correct and up-to-date.
14. INTELLECTUAL PROPERTY RIGHTS
14.2 You are not granted any commercial, copying, sale, resale, rental, lending, adaptation, reproduction, distribution, publication, modification, broadcast or promotional rights for the Website Content. You may not without our prior written consent (except to the extent required in order to use this Website in accordance with the Terms) use the Website Content for any purposes that require such rights, systematically extract any of this Website Content or in any way use or exploit commercially any of this Website Content. Such use is expressly prohibited and may violate applicable laws.
15. INTERNATIONAL USE
15.1 This Website and its content and services are provided from the United Kingdom and the agreements entered into between us and you, and amongst users of the Website pursuant to the Terms, will be made in the English language. If you choose to access this Website from locations outside the United Kingdom, you do so at your own risk and we make no representations that the content and services on this Website are lawful to use or available for use in locations outside the United Kingdom.
16.1 This Website may contain advertising. By using this Website and the various services which we make available through this Website, you agree that:
16.1.1 we may place such advertising on this Website; and
16.1.2 such advertising may be targeted to the content of the information on this Website, information on user profiles or other information which we may hold about you.
16.2 The manner, mode and extent of advertising on this Website is subject to change without notice.
16.3 The advertisers are responsible for ensuring that material submitted for inclusion on this Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in any advertising material.
17. USER CONDUCT AND CONTENT STANDARDS
17.1 These conduct and content standards apply to any and all images, drawings, video, audio, text, lists and other content you upload to, display on, or distribute or otherwise publish through, this Website (“User Content”) and your use of this Website.
17.2 You must not upload, post, email or otherwise transmit any User Content that:
17.2.1 is libellous, defamatory, obscene, abusive or otherwise violates any law;
17.2.2 infringes any patent, trade mark, database right, trade secret, copyright or other proprietary right of any party;
17.2.3 you do not have the right to transmit under any law or contractual relationship (such as confidential information);
17.2.4 contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas of this Website that are clearly designated for such purpose;
17.2.5 contains viruses or any other codes, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
17.2.6 is pornographic or sexually explicit.
17.3 User Content must not:
17.3.1 be likely to deceive any person or be made in breach of any legal duty owed to a third party or promote any illegal activity;
17.3.2 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that it emanates from us, if this is not the case; or
17.3.3 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
17.4 You shall be civil and show respect for other users. You shall not interfere with another’s enjoyment of this Website. You may not target another to cause distress, embarrassment, unwanted attention or other discomfort or invade another’s privacy.
17.5 Using the ratings or review functions of this Website to make personal attacks is not allowed. Under no circumstances may you attack a person based on the person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability, age or other identification.
17.6 We reserve the right, without obligation, to monitor, moderate, edit or remove any content that you upload to this Website and to vet or screen users of this Website. However, you acknowledge that you use this Website at your own risk and you are responsible for the information you post on this Website.
17.7 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website is defamatory, or constitutes a violation of any of their rights including without limitation intellectual property rights or right to privacy or is otherwise unlawful.
18. USER CONTENT LICENCE
18.1 We do not claim any ownership rights in your User Content. After uploading your User Content to this Website, you continue to retain all ownership rights in such User Content and you continue to have the right to use your User Content in any way you choose.
18.2 By uploading any User Content to or on this Website, you grant us a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable licence to use, reproduce, distribute, perform, display or electronically transmit the User Content, whether in its original form or as adapted by us, on this Website and to our associated companies, advertising networks, distribution partners, affiliates and third party service providers.
18.3 You agree that you have the full power and authority to grant the licence in paragraph 18.2.
18.4 We may sub-license any and all of the rights licensed under paragraph 18.2 to third parties including any of our associated companies, advertising networks, distribution partners, affiliates and third party service providers.
18.5 You agree to waive any moral rights you have in User Content (including the right to be identified as the author) so that we may adapt the User Content freely and without restriction.
18.6 We may display advertisements relating to or in connection with your User Content and use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on websites and advertising networks, distribution partners, affiliates and third party service providers.
19. CONTENT STORAGE
19.1 We reserve the right to establish general practices and limitations regarding the storage of content on this Website, including the maximum number of days that messages, in-mails, postings or other content will be retained by us on the Platform, the maximum number of messages or in-mails that may be sent by or received by an account and the maximum size of messages, in-mails, postings or other contents.
19.2 We shall not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by or under Your Account or any other part of this Website.
20. INTERACTIVE SERVICES
20.1 We may provide interactive services on this Platform, including a messaging service and rating and review functions.
20.2 Any use of our interactive services must comply with our User Conduct and Content Standards, set out in paragraph 17.1. We have the right to remove any material you upload or posting you make on this Website if in our opinion such material does not comply with our User Conduct and Content Standards. We also have the right, without obligation, to monitor disputes between you and other users and/or to restrict, suspend or close your account if in our opinion doing so is necessary to enforce the Terms.
20.3 By submitting messages information or any other content to this Website, you acknowledge that any material you upload to this Website will be considered non-confidential and free from any similar obligation or restriction. You acknowledge that the content that you post to this Website will be seen by other users. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through this Website is solely your responsibility.
20.4 A Client will have the opportunity to provide feedback to a Tutor once the Tutor Session has taken place. Tutors can determine whether or not the feedback is published on their Platform profile.
20.5 You are responsible for your interactions with other users of this Website. We reserve the right to prohibit you from contacting other users through the interactive services or otherwise limit your use of the interactive services.
21. SUSPENSION AND TERMINATION
21.1 Failure to comply with these Terms and, in particular, our User Conduct and Content Standards set out in paragraph 17 above constitutes a material breach of the terms upon which you are permitted to use this Website. If in our opinion you fail to comply with these Terms, it may result in our taking all or any of the following actions at our discretion:
21.1.1 immediate withdrawal of your right to use this Website and any services available on the Website;
21.1.2 immediate removal of any posting or material uploaded or otherwise transmitted by you to this Website;
21.1.3 legal action against you including proceedings for reimbursement of any and all damages and costs resulting from the breach; or
21.1.4 disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required.
The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.
21.2 We may, in our absolute discretion, suspend or terminate your access to all or part of this Website and the content and services available through it with or without notice. We may also terminate accounts that are inactive for more than six months or should the registration information you provided to us prove to be false or misleading.
21.3 Upon and following such termination or suspension:
21.3.1 the licence to use this Website and its content and services shall immediately terminate;
21.3.2 we may deny you access to your account and services provided through this Website; and
21.3.3 we may deny you access to any information you have stored through this Website and this may not be retrieved later. You will not be able to recover any data on a deactivated account. We therefore recommend that you keep a copy of any information or User Content you store through this Website, if you want to be able to permanently access such information or User Content.
21.4 You may at any time close Your Account and cease the use of this Website provided that you do not have any outstanding Tutor Sessions.
22.1 If you have any complaint about this Website or the conduct of another user of this Website any of the users, you should contact our Customer Services department at [INSERT] and we will investigate it and, if possible, try and resolve it.
23. THESE TERMS
23.1 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
23.2 The Terms constitute the entire agreement between you and us for the use of this Website and the contents and services available through it.
23.3 If we do not exercise or enforce any legal right or remedy which may be available to us in relation to you or another user of this Website, this will not be taken to be a formal waiver of our rights.
23.4 You are individually bound by these Terms even if you are using this Website on behalf of a company or other legal entity, regardless of whether that entity has any separate agreement with us.
23.5 If any provision of the Terms is or becomes illegal, invalid or unenforceable that shall not affect the legality, validity or enforceability of any other provision of the Terms.
23.6 A person who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
23.7 The provisions of the Terms are personal to you and you shall not be entitled to assign or transfer any of your rights or obligations under the Terms. We may assign our respective rights and obligations under the Terms.
23.8 The Terms are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to any and all disputes arising from them. However, if you are using this Website as a consumer, you will have the right to have your dispute or claim heard by the courts in your home jurisdiction.
*Defining an ‘Introduction’ as – any situation where the personal, professional or contact details of a ‘Client’ passes to a ‘Tutor’ or vice versa, through the Tutor House Limited platform or any messaging service.
Disclaimer – The personality test that tutors take on the Tutor House website is not a complete and accurate representation of the personality of the tutor. Equally when clients (parents and/or students) undertake a search to match their personality with that of a tutor, we can not take any responsibility that the personality match will be exact. Whilst we’ve done our upmost to select the correct tutor based on a clients specific personality requirements, result may not be accurate. Tutor House does not take responsibility for inaccurate tutor personality matching.