Terms and conditions TERMS AND CONDITIONS Contained here are the Terms and Conditions which you must read and agree to before registering for the Tutorforu Website. Please take time to read and understand the Terms and Conditions before registering for the Tutorforu Website. members shall be informed of these Terms and Conditions once they login. Continued registration with Tutorfor is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time. Please make sure that your email address we have stored for you is within your Personal Info section once you sign in. All tutors must read and always abide by our Safeguarding Policy. Definitions 1. The following expressions are given the following meanings: (a) "Booking" means tuition lessons that are scheduled using the Tutorforu Website. (b) Contract" means the agreement between the Tutor and the Tutee for the Tutor to perform tuition services for the Tutee or the Tutee's nominee. (c) "Booking Tutor" means a person who has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Tutorforu Website and uses the Tutorforu Website to schedule tuition lessons. (d) "Complaint" means a claim by a Tutee that the service provided by a Tutor falls below the standards the tutee expected of a Booking Tutor. (e) "Failed Payment" means an outstanding Lesson Fee, for which payment provider paypal/stripe or other appropriate platform has been unable to make a successful charge against the payment details provided by the Tutee (f) "Finders Fee Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Tutorforu Website (lessons are booked outside Tutorforu website), when entered into a contract. (g) "Lesson Fee" is the combined hourly fee of the Tutor charges for one lesson or multiple lessons for one person or a lesson booked for multiple learners through Tutorforu Website. (h) "Members" means Tutors and Tutees. (i) "Subscription" means packages that are sold on the Tutorforu Website and incur a recurring charge. (j) "Tutee" means a person that uses the Tutorforu Website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's parent/guardian. (k) "Tutor" means a Booking Tutor and a Finders Fee Tutor. (l) "Tutor Fee" is the hourly rate of the Booking Tutor for one or more learners-Tutors can charge different amounts than published for one learner per hour. (m) "Tutorforu Website" means the website operated by Tutorforu. (n) "Website Fee" is the hourly fee of the Tutorforu Website. (o) " paupal/Stripe" / "Stripe Connect/ or Revolut account for Superior college Ltd that is a parent company for Tutorforu" is our payment provider. 2. In these Terms- (a) words importing the singular shall include the plural and vice versa; and (b) words importing the masculine gender shall include the feminine gender and vice versa. General 3. All business undertaken by Tutorforu, a Tutor and/or a Tutee or their parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail. Obligations of Tutorforu and related provisions Obligations of Tutorforu and related provisions 4. The Tutorforu Website has been established to allow a Tutee to contact a Tutor and to allow a Tutee to view the Tutor's profile. The Tutorfor Website also allows a Tutor to make a Booking with a Tutee. 5. Tutorfor will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutee on the Tutorforu Website. 6. Tutorforu is not responsible for appraising information on the Tutorforu Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Tutorforu can offer no guarantee that Members are who they say they are. 7. Tutorforu may provide a service through which Tutors and Tutees can connect with each other and where Tutees can post tuition assignment opportunities and search for and evaluate assignment candidates, and where Tutor candidates can post individual profiles and search for and evaluate opportunities for tutoring assignments ("Tuition Assignments"). Tutorforu may then match the Tutors to Assignments, according to suitability (qualifications and proximity if the lesson required one-one engagement) and then provides the Services of these Tutors to the Tutee (acting as a contractual intermediary between Tutees and Tutors or introducer). 8. Tutorfor is, when providing the Tutoring Company Service (subsidiary of Superior college London Ltd) as an introducer such that the Tutee and Tutor will be introduced to each other for the purposes of a direct supply of tuition by the Tutor to the Tutee. In relation to this: (a) The Tutee has an obligation to pay the Tutor for the Tutor services; (b) Tutorforu may make available to the parties a service via which the Tutee can pay the Tutor and the Tutor can collect payments from the Tutee. Such a service shall be optional with no obligation on any party to select it; and (c) these terms and conditions (https://tutorforu.uk) will apply in relation to the tutee's relationship with Tutorforu where they introduce a Tutor to a Tutee. 9. Acceptance of these Terms imposes that Tutorforu has no obligation to find work for Tutors or provide Tutors for Tutees. Tutor Duties 10. A Tutor warrants that - (a) they are of at least eighteen years of age; (b) they have the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Tutorforu Website; The admin will check initial documentary proof to register fully and when a tutor would be able to offer his/her, the /Them ‘s qualifications, training and experience. (c) their profile and subject information provided on the Tutorforu Website is up to date, accurate and truthful; and (d) they have the legal right to work in the UK on a self-employed basis. 11. A Tutor must disclose any criminal convictions or cautions they may have to Tutorforu, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered. 12. A Tutor who contacts a Tutee who is under the age of 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee. 13. A Tutor is responsible for the prices quoted for their services on the Tutorforu Website. 14. A Finders Fee Tutor is responsible for collection of all fees due to a Tutor from a Tutee. Tutorforu is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Finders Fee Tutor and a Tutee. 15. A tutor takes full responsibility for all the information that they provide on the Tutorforu Website and must indemnify Tutorforu in relation to any liability incurred by Tutorforu as a result of such information. 16. A Tutor shall indemnify Tutorforu for all claims and liabilities arising out of any use by the Tutor of the Tutorforu Website, including any associated costs and expenses incurred, whether direct or indirect. 517. A Tutor must not be in any way be abusive about a Tutee or their nominee on the Tutorforu Website or any other place. 518. A Tutor is not an employee of Tutorforu and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Tutorforu Website. 19. All information provided by a Tutor on the Tutorforu Website must be accurate and kept up to date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the Tutorforu Website will be publicly visible and may appear in search engine results. 20.. Use of the Tutorforu Website is entirely at a Tutor's own risk. A Tutor must exercise complete caution when using the Tutorforu Website and entering into any agreements to provide tutoring services to a Tutee. Any unsolicited request on tutor profiles that does not seem genuine, tutor must inform Tutorforu so that the admin could block such messages and deactivate the accounts of the individual. 21. A Tutor must not complete on behalf of the Tutee any coursework, essays, or other assignments. Tutors are only permitted to proofread assignments or coursework of Tutees who they have had regular lessons with. 22. Tutors must not promote the services of other tuition companies/businesses on our platform. 23. Tutors who receive negative feedback of (1 or 2 stars) may be investigated by Tutorforu. 24. You must not be prevented from working with children or vulnerable adults, your name must not be registered on any barring lists, including the Protection of Children Act list, Protection of Vulnerable Adults list and List 99. Bookings Tutors - Additional Duties 25. A Booking Tutor must only make bookings for lessons in agreement with a Tutee. 26. If a Booking Tutor makes a booking for a lesson which a Booking Tutor fails to deliver to a standard expected by a Tutee, Tutorforu will refund the commission charged for the lesson. 27. If a Booking Tutor fails to show within 20 minutes from the scheduled start time of a lesson, Tutor Hunt will refund the commission charged for the lesson at the tutees request. 28. A Booking Tutor is responsible for resolving any payment disputes directly with the Tutee. 29. Your account may be suspended whilst a dispute is under review. 30. If a refund or chargeback occurs during a dispute or complaint from a tutee, the Tutor is responsible for resolving the dispute. If the Tutor loses the dispute, they could be liable for the refund and chargeback fee. 31. Tutorforu will not be liable to the Booking Tutor for any loss of earnings resulting from any failed payment 32.Tutorforu will not be liable to the Booking Tutor for any loss of earnings resulting from any technical issues on the Tutor Hunt platform. 33. All tutor payments are intended for the purpose of lessons only, lessons are time shared with the student in a learning environment, either online or in-person. 35.Tutorforu will not be liable for any loss in earnings due to Stripe being unable to collect payment from the student. Tutee Duties 36. A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Tutorforu is not responsible for any disputes regarding parental consent or any problems that a Tutee or a patent/guardian has experienced with a Tutor. 37. A parent or guardian must always be present and supervise the entire duration of every lesson, for both in-person and online lessons regardless of their location. This applies for all tutees under the age of 18. If you have to leave the room for any reason the tutee must accompany you. 38. A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, DBS checks and qualifications of any Tutor with whom they enter into or proposes to enter into a Contract. Tutorforu does not offer any guarantee that any information provided on the Tutor Hunt Website is accurate and correct. 39A Tutee, or where relevant their parent/guardian, accepts that their Contract for tuition services is with the Tutor. Tutorforu is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Tutee. 40. Before any lessons are confirmed, a Tutee must only contact a Tutor through the Tutorforu Website. Any other means of communication is prohibited. 41. A Tutee agrees not to use Tutorforu to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Tutorforu should contact us. 42. A Tutee cannot act as an agent to promote the services or opportunities of a company. 43. A Tutee must not publish any abusive comments about a Tutor or a Tutee on the Tutorforu Website or any other place. This includes defamatory or derogatory comments. 44. Tutorforu is not responsible for examination entry; this is the sole responsibility of the Tutee. 45. A Tutee must not request a tutor to complete coursework, essays, or other assignments for them. 46. When a Booking is made more than 24 hours in advance of the start time of the first lesson with a new Booking Tutor, a Tutee has up to 12 hours before the first lesson is due to commence to confirm the Booking. 47. When a Booking is made within 24 hours of the start time of the first lesson with a new Booking Tutor, a Tutee has up to 2 hours before the first lesson is due to commence to confirm the Booking. 48. By confirming the first lesson with a Booking Tutor, the Tutee authorises for Tutorforu to deduct commission payments. All the payments are made by methods provided by Tutorforu. (Paypal/Stripe and or Revolut Bank. 40/. A Tutee authorises Tutorforu to instruct payment provider to charge our commission payments to his/her credit/debit card within 24 hours after the scheduled end time of each lesson for the relevant Booking. 41. When a Booking is confirmed, a Tutee enters directly into a contract with the Booking Tutor for the provision of lessons and Tutor Hunt accepts no liability in relation to the Booking Tutor's provision of lessons. 42.. For in-person lessons a Tutee must ensure that they have given enough information to the Booking Tutor, including their correct address, to allow the lesson to take place. If a lesson is to take place at the Tutee's home, the Tutee must ensure a suitable and safe setting for the lesson. 43.. A Tutee must use their own judgement about the services of Booking Tutors detailed on the Website. Tutees are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Booking Tutor with whom they confirm a Booking. 44. A Tutee is responsible for checking that Bookings made by a Booking Tutor or Tutorforu on their behalf are done so correctly and understand they will be informed of these lessons by Tutor Hunt via email. 45. If a Tutee cancels a lesson less than 12 hours before the lesson is due to commence, our commission payment may be charged, and at the tutors' discretion, they may charge the tutee a cancellation fee. 46. If a lesson does not take place because a Tutee does not attend, or if the Tutee cancels the lesson with less than two hours' notice, our commission payment may be charged, and at the tutors' distion, they may charge the tutee a cancellation fee. 47. A Tutee must cancel a lesson by cancelling the relevant Lesson on the Tutorforu Website. Cancellations made outside Tutor Hunt Website may result in our commission fees being charged to the Tutee. 48. I understand that, if I confirm a booking with a tutor, and then all (or all but one) lesson(s) are subsequently cancelled, I may be charged a finders' fee of £23.99. This charge is at the sole discretion of Tutorforu, and I understand I may be charged without notice after receiving my tutors contact details. 49. A Tutee should inform Tutorforu of a Complaint by either phone or email within 24 hours of the scheduled lesson finishing time. The Tutee could be charged the entire Lesson fee if the tutor chooses to do so. 50. In the case of a Failed Payment still being outstanding 48 hours after the scheduled end of the relevant lesson the Tutee authorises both Tutorforu and their tutor to instruct Stripe to retry the charge. 51. If a Tutee has an outstanding Failed Payment for over 48 hours then all future lessons will be cancelled on Tutorforu 52. Tutorforu may continue to seek payment to cover Failed Payments from the Tutee for ninety days following the scheduled end of the relevant Lesson, by contacting the Tutee by email, SMS and Phone. 53. A Tutee accept that Tutorforu reserves the right to pass bad debts to a third party, debt collection service and acknowledges that their credit rating may be affected. 54. Payments are processed by Stripe (https://stripe.com/gb), PayPal or Revolut, a third-party service provider. You acknowledge Tutorforu partners with Stripe for payments and administration. All account information provided by you will be shared with Stripe. By providing us your personal information, you consent to Tutor Hunt automatically sharing this data with Stripe, paypal or Revolut bank. 55. In relation to tuition assignments you may, at your option, agree with each other that the Tutor shall issue invoices to the Client and the Client shall pay the Tutor via payment bph which shall act as payment agent (the "Payment Agent"). That arrangement may also involve the tutee making payments via the Payment Agent to the Tutor Hunt of its fees relating to the Engagement. You may elect to do this by clicking the registering with Stripe link under the 'bookings' section. The use Stripe is optional, and tutors can arrange any other payment agent should they wish to. 56. For the avoidance of doubt, Tutorforu is not associated with the Payment Agent (Stripe) and will make no arrangements in relation to the payments due to the Tutor and shall not be liable for any failures by the Payment Agent to make payments correctly or other failures of the Payment Agent. Details of that Payment Agent service are provided for convenience only and may be of use where you want support with the process of making payments/collecting payments. Member Duties 57. Members must not use the Tutorforu Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms. 58. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use. 59. Members must not post material to the Tutorforu Website in which the copyright or intellectual property is or may be the property of another person or body. 60. Members agree to manage their Subscription charges using Tutorforu Website. If a member cancels their subscription, they will not receive a refund of any fees already paid. 61. Tutorforu reserve the right to accept or refuse subscriptions. Members must not transfer or assign their subscription or any other Plan to another account. 62. A member authorises Tutorforu to charge their credit/debit card for Subscription charges on the subscription renewal date. Liability, Indemnity and other provisions 63. Tutorforu has no control over or responsibility for the truth or accuracy of any material available on the Tutor Hunt Website, whether provided by Members or others. Third party websites may appear on the Tutor Hunt Website. Tutor Hunt does not endorse or have any responsibility for the site in question or anything which appears on it. 64. Tutorforu is not and cannot be responsible for the behaviour of Members, whether on the Tutor Hunt Website or outside of it. Tutorforu only provides a service for a Tutor and Tutee to be introduced. Tutor Hunt does not pre-screen or monitor the material contributed by Members. 65. Tutorforu is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a member through the use of the Tutor Hunt Website including loss of data or information or any kind of financial or physical loss or damage. 66.. Members agree to indemnify Tutorforu against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Tutor Hunt Website. 67. Tutorforu does not guarantee that a Tutor will be secured to meet the Tutee's needs. 69. Tutorforu is not responsible for any grade received by a Tutee or any consequence that examination grades entails. Intellectual Property 70. The code, brand and intellectual property of the Tutorforu Website cannot be reused without Tutorforu consent. All copyright, trademarks, and other intellectual property rights in and relating to the Tutor Hunt Website (including the material which is contributed by Members) are owned by Tutorforu. It is prohibited to copy, distribute, show in public or create any derivative work from the Tutorforu Website, or any of the material which is found on the Tutor Hunt Website without the consent of Tutorforu. Please see our Copyright Notice, which forms part of these Terms and Conditions. 71. By submitting any material to the content to the Tutorforu Website, you: (a) are representing that you are fully entitled to do so; (b) grant Tutorforu a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and (c) authorise Tutorforu to adapt the relevant material and you waive the right to be identified as the author of the material in question. Miscellaneous provisions 72. All online lessons through Tutorforu are recorded, and they may be available for viewing to the student. Tutorforu will also review recordings for safeguarding concerns, at the request from a student, or for reviewing how our whiteboard is used by tutors and tutees. 73. Tutorforu reserves the right to withdraw or modify aspects of the Tutorforu Website, or the entirety of it. 74. Tutorforu reserves the right to suspend or terminate a member's access to the Tutorforu Website, or parts of it. Tutorforu reserves the right to remove, or require the Member to remove, material posted on the Tutorforu Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Tutorforu Website without prior consent from Tutorforu. 75. The open-access nature of the Tutorforu Website means that Tutorforu cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms. 76. Tutorforu reserves the right to withdraw any material on the Tutorforu Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Tutorforu Website into disrepute. Tutorforu does not generally monitor material which appears on the Tutorforu Website and Tutorforu is reliant upon Members to notify Tutorforu of anything Member's see here which appears likely to breach these Terms and Conditions. 77. Tutorforu may, at their sole discretion, vary the features of the Tutorforu Website and the Terms of use at any time. 78. Tutorforu may restrict access to the Tutorforu Website for any period and if necessary, permanently at the sole discretion of Tutorforu. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused. 79. Tutorforu may monitor postings to the Tutorforu Website and communications through the Tutorforu Website and have the right to delete and/or block such postings or communications at their sole discretion. 80. Tutorforu give no guarantee that the Tutorforu Website is free of viruses worms or any other form of harmful components. 81. The distance data supplied on the Tutorforu website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so Tutorforu cannot guarantee that the data supplied on distances between postcodes is accurate. 82. Tutorforumay contact its members by the details we have stored on their account, this could include by email and phone. 83. Tutorforu may use data for statistical analysis and may provide this to interested third parties. 84. Privacy Policy (which can be found on the Tutor Hunt home page). Tutorforu's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Tutorforu Website (including any which contain personal information) is, of course, accessible to internet users around the world. 85. Entire Terms and Conditions. These Terms and Conditions include Tutorforu's Privacy Policy and copyright notice. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions. 86. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable. 87. Tuition assignment requests and contract creation (relating to each Tuition Assignment) 88. Tutorforu may make available to Tutors available tuition assignments from the Tutee. Tutors can request these tuition assignments on the Tutorforu Platform or otherwise as provided for by Tutorforu. You are solely responsible for your tuition assignment requests on the Tutorforu Platform. 89. You agree that each tuition assignment request shall not contain inaccurate, false, or misleading information. Tutorforu reserves the right to remove any tuition assignment request, content, or other records which, in Tutorforu's opinion, does not comply with these Terms or if any of the content is not in the best interests of Tutorforu. 90. Where a Tutor has been introduced to a Tutee, and the Tutor and Tutee indicate or have indicated via Tutorforu's Platform or otherwise in such fashion as is from time to time specified by the Tutorforu that: (a) (in the case of the Tutor) the Tutor will undertake the relevant tuition assignment for the Tutee with the Tutor making a direct supply to and contract with the Tutee (with the Tutor Hunt acting as an introducer and not as a payment intermediary), and (b) (in the case of the Tutee) the Tutee will engage the Tutor to supply the services of the Tutor for the tuition assignment with the Tutee engaging the Tutor directly (with the Tutor Hunt acting as an introducer and not as a payment intermediary). then you agree that a contract relating to a tuition assignment will be deemed to have been entered into: (c) by you as a Client with Tutoring Company on these terms https://tutorforu.uk) (d) by you as a Tutee with the Tutor on these terms (available in the members portal) or such other terms as you may agree with the Tutor. (e) by you as a Tutor with the Tutee on these terms (available in the members portal) or such other terms as you may agree with the Tutor. 91. Contract formation for other tuition assignments where an Introduction has been made and Engagement follows: Where a Tutor has been Introduced to a Tutee and Tutee (otherwise than in accordance with clause 6.4) Engages the Tutor you as a Tutee agree that then you agree that a contract relating to a tuition assignment will be deemed to have been entered into by you as a Tutee with Tutoring Company on the these terms https://tutorforu.uk). 92. For the avoidance of doubt, Tutorforu shall have no right to control how the Tutoring Services are performed or responsibility for how they are performed. 93. An "Introduction" for these purposes means "Introduction", which means the earlier of the following events: (a) Tutorforu supplying to the Client, via our search facility, orally or in writing (including via any online platform), any information sufficient to identify a Tutor, or (b) the Tutee confirming a booking with the Tutor through Tutorforu. 94. An "Engagement" means for these purposes any Engagement under clause 6.4, and any other direct or indirect engagement (temporary or permanent), employment or use of a Tutor by the Tutee or any third party to whom the Tutee provides information concerning a Tutor within [12] months of an Introduction, and "Engage", and "Engaged" shall have corresponding meanings. 95. English Law and the jurisdiction of English Courts applies to these terms.