1. Introduction
1.1 Tutoring4You ltd. (trading as Studdle) was founded by education-focused entrepreneurs with the aim of providing educational support for children in a digital learning environment. We do this by hosting the Platform which:
1.1.1 Displays Profiles of our Tutors including their areas of speciality;
1.1.2 Connects Tutors with Students; and
1.1.3 Acts as agent for the Tutor, facilitating the Lesson booking process for Students as well as payment for Lessons via third-party payment processors.
1.2 These Terms constitute a contract between all users of the Platform and/or our Services (“you”) and Tutoring4You. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these Terms, you must not use our Platform.
1.3 In order to enter into the Terms and to use the Platform Services, you must be of at least 18 years of age. If you are under 18, please do not use our Platform.
2. Definitions:
Business means a commercial entity that is purchasing the Services in connection with a trade, craft or profession.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Distance Contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.
Guardian means the parent or guardian of the Student who enters into the Tutoring4You Contract on their behalf;
Insurance Policies means adequate insurance, including but not limited to, public liability insurance coverage taken out by each Tutor with a reputable insurance provider.
Commission Fee means the fee payable to Tutoring4You by Tutors under these terms as defined in Clause 10.4.
Lesson means an educational session given by a Tutor to a Student that have been introduced by us through the Platform.
No-Show means a failure by a Tutor or a Student to attend a scheduled Lesson without prior authorisation from either the Student or Tutoring4You.
Order means the Guardian’s initial commitment to a Pay as You Go Lesson or a Subscription or a Course Series of Lessons, submitted following the step by step process set out on the Platform or as otherwise agreed between the parties (‘Ordering’ and ‘Ordered’ shall be construed accordingly).
Pay as You Go means payment by a Guardian for Tutoring Services on behalf of a Student on an ad-hoc basis.
Platform means ‘Tutoring4You Ltd.’ online platform which includes its proprietary domain: www.studdle.co.uk and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by Tutoring4You Ltd.
Platform Services means the services provided by Tutoring4You to Guardians, Students and Tutors as defined in Clause 1.1.
Profile(s) means any listing on the Platform uploaded by a Tutor.
Stripe Connected Account means a Tutor who has agreed to the Stripe Services Agreement and received approval from Strips to receive the Stripe Services;
Stripe Services Agreement means the Stripe Connected Account Agreement, which includes the Stripe terms of service;
Stripe Services means the payment processing services offered by Stripe to Tutoring4You and Stripe Connected Accounts including services that enable the acceptance of payments from Students and the routing of money to and from Stripe Connected Accounts.
Students means children that receive the Tutoring from Tutors.
Subscription means a commitment by the Guardian on behalf of the Student to receive ongoing Tutoring Services, billed on a weekly cycle.
Terms means these Terms and Conditions.
Tutor means one of our approved, vetted teachers that Students may engage for Tutoring Services through the Platform.
Tutor Fees means any costs incurred by Guardians on behalf of Students for Tutoring Services Ordered via the Platform on a Subscription or Pay As You Go Basis and payable to Tutors by Tutoring4You after deduction of the Commission Fee in accordance with these Terms.
Tutoring4You Contract means the binding agreement between Tutoring4You and the Student for the booking of Lessons via the Platform.
Tutoring Services means the education services provided by the Tutor to the Student.
Studdle/Tutoring4You/ ‘we’ ‘us’ ‘our’ means the company that provides the Services and maintains this Platform being Tutoring4You Ltd, a company registered in England with UK company registration number: 14139846, having its registered office at 39 Windsor Drive, Solihull, United Kingdom, B92 8HS.
TERMS FOR STUDENTS AND GUARDIANS
3. Orders
3.1 The description of the Platform Services is as stated on the Platform, marketing e-mails or any other form of advertisement provided by us. Any description is for illustrative purposes only.
3.2 We reserve the right to make beneficial changes to the Platform Services. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.
4. Account Registration
4.1 Before Ordering Tutoring Services through the Platform, you (the Guardian) will be required to register for an account via the Platform. You remain responsible for all actions and security in relation to your account.
If you wish to register for an account, you must signify agreement with the Privacy Policy, Cookie Policy and these Terms. You will also be required to complete the Student Questionnaire on behalf of the Student that you are registering, where we require the follow information:
the name of the Student;
the date of birth of the Student;
details of the Student’s educational needs;
school that the Student attends; and
contact e-mail address, phone number.
4.3. We may contact you by using e-mail or other communication methods and you expressly agree to this. Lessons may be recorded for training and monitoring purposes.
4.4. By booking a Lesson with a Tutor you consent to your limited personal information and that of the Student being shared with that Tutor. Once this information has been passed directly on to the Tutor, the Tutor may contact you via the Platform with information that relates to your Lesson. We will not share personal data with the Tutor of yourself or the Student that is not required to fulfil the Tutoring Services i.e. contact details, address or social media handles.
4.5. You can change your details and preferences at any time in the ‘my account’ section of the Platform.
4.6. We retain and use all information strictly under our Privacy Policy and Cookie Policy.
5. Basis of the Tutoring4You Contract
5.1 Once we receive your completed Student Questionnaire, we will allocate the most suited tutor based on your responses. You will be able to book a free ‘taster’ Lesson of one (1) hour with that tutor or may choose to waiver this and proceed to a paid plan immediately. However, if you elect to change your Tutor, you will not receive a further free ‘taster’ session.
5.2 The description of the Tutoring Services on our Platform does not constitute a contractual offer on behalf of the Tutor to provide any Tutoring Services to you. When an Order has been submitted on the Platform, we can reject it for any reason, although we will try to tell you the reason without delay. In such an instance, if payment has already been taken, we will refund you in full.
5.3 The Order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.4 The Tutoring4You Contract will be formed for the Lessons you have Ordered when you receive an email from us confirming the Order (Order Confirmation) or within one (1) Business Day of the Order being placed by you, whichever is the earlier. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation).
5.5 You will receive the Order Confirmation within a reasonable time after making the Tutoring4You Contract, but in any event not later than the scheduled commencement of the Student’s Lesson with a Tutor.
5.6 Once the Tutoring4You Contract has been formed between you and the Tutor, Tutoring4You has discharged its responsibilities to you and all further contractual matters relating to the performance of the Tutoring Services are between you and the Tutor. It is therefore of the utmost importance that you communicate any important information relating to the Lesson(s) with the Tutor, including, but not limited to, any learning requirements, medical conditions or disabilities of the Student that may need to be taken into account by the Tutor.
5.7 If we become aware that you have made any attempt to circumvent the Platform or to solicit any Tutor for tutoring services outside of the Platform, we reserve the right to suspend you from use of the Platform indefinitely.
5.8 You acknowledge and agree that you shall not make contact with any Tutor outside of their Tutoring4You e-mail address and/or the virtual classroom.
5.9 If you are not satisfied with the taster lesson then you must contact support@studdle.co.uk in order to receive a full refund for that taster lesson
6. Tutor Fees
6.1 The price of the Tutor Fees are those set out on the Platform on the date of the Order. A holding deposit equivalent to 1 lesson’s fees or £10 will be held until the free taster lesson has been attended by the student.
6.2 You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
6.3 If your payment fails or you order Pay As You Go Tutoring Services, we will issue you with an invoice. All invoices must be settled in full prior to the start of the Lesson or the Lesson will not go ahead.
6.4 Prices and charges include VAT at the rate applicable at the time of the Order.
6.5 All Tutor Fees must be taken through the Platform. We process payments using Stripe and all transactions are therefore subject to the Stripe terms and conditions which are incorporated into these Terms by reference. If you try to make any payment to Tutors outside of the Platform, we reserve the right to terminate your use of the Platform without notice.
6.6 Our preferred currency is GBP. If Tutor Fees are not received in in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.
7. Cancellation for Consumers
Right to cancel the Tutoring4You Contract
7.1 Any Tutoring4You Contract is a Distance Contract which, if you are a Consumer, is subject to the cancellation rights (Cancellation Rights) set out below. You can cancel the Order for Tutoring Services by telling us before the Tutoring4You Contract is completed i.e. prior to receipt of the Order Confirmation and we will issue you with a full refund.
7.1.1 All Course series of lessons are non-refundable
7.2 To exercise the right to cancel the Tutoring4You Contract, you must inform us of your decision to cancel by a clear written statement via the Platform. We will then communicate to you an acknowledgment of receipt of such cancellation in a Durable Medium (for example by email) without delay.
7.3 However, these Cancellation Rights change if the Student has already begun receiving the Tutoring Services and has either had a Lesson with a Tutor when you cancel or the Student has remaining Lessons in respect of which you have already paid the Tutor Fees as follows:
7.3.1 Should you request cancellation of remaining Tutoring Services within the Cooling-off Period you shall be entitled to a refund, less the value of the Tutoring Services that have already been performed by the Tutor up to and including the date which you give notice; or
7.3.1a If you are on a termly plan, the remainder of lessons undelivered will not be refundable and you must complete the tenure.
7.3.1b If you are on a monthly plan and request a cancellation of your subscription within your first month, the remainder of lessons undelivered will not be refundable and you must complete the tenure.
7.3.1c If you are on a monthly plan and request a cancellation of future lessons that have been pre-paid within the current billing cycle, these lessons aren't refundable and must be rescheduled within 30 days to avoid the loss of these lessons.
7.3.3 If you have ordered a Subscription, you may cancel at any time without liability and your Subscription will terminate at the end of the billing period.
7.3.4 Subscription plans cannot be downgraded i.e. moving from 3 lessons per week to 2 lessons per week. Only upgrades are permitted.
7.4 We may end the Tutoring4You Contract at any time by writing to you if you commit a breach of these Terms or you demonstrate a pattern of behavior which in our sole opinion is likely to cause damage to our reputation.
Timing of reimbursement
7.5 If a reimbursement is due under this Clause, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
7.6 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.7 If, due to circumstances beyond our control, a Tutor cancels your Lesson for any reason and we cannot find you a suitable replacement for your Lessons(s), we will inform you through the Platform immediately and you will receive a full refund to the credit or debit card you paid with.
Lesson Rescheduling
7.8 If you wish to reschedule a specific Lesson after the Contract is made and beyond the Cooling-off Period, you may incur a cancellation fee chargeable at our discretion. The rescheduling fees are as follows:
Terms & Conditions of use
your name;
4.3 We may contact you by using e-mail or other communication methods and you expressly agree to this. Lessons may be recorded for training and monitoring purposes.
4.4 By booking a Lesson with a Tutor you consent to your limited personal information and that of the Student being shared with that Tutor. Once this information has been passed directly on to the Tutor, the Tutor may contact you via the Platform with information that relates to your Lesson. We will not share personal data with the Tutor of yourself or the Student that is not required to fulfil the Tutoring Services i.e. contact details, address or social media handles.
4.5 You can change your details and preferences at any time in the ‘my account’ section of the Platform.
4.6 We retain and use all information strictly under our Privacy Policy and Cookie Policy.
| Notice prior to a scheduled Lesson | Rescheduling Fee (in respect of a scheduled Lesson) |
| Less than 24 hours | 100% of the Fees payable |
| More than 24 hours | No charge |
7.9 You will only be permitted to reschedule a Lesson once. If you cannot attend the rescheduled Lesson, you will lose the value of the Lesson. Multiple requests to reschedule classes may lead to suspension of your account.
7.10 If a Student is more than fifteen (15) minute late for a scheduled Lesson, the Lesson shall be abandoned and charged for in full. Foer the avoidance of doubt, no credit or refund will be due, or rescheduling available to the Guardian in respect of that Lesson.
7.11 If a Tutor is unable to attend a Lesson for any reason, we will inform you as soon as practicable and you will be entitled to a refund to the value of the Tutor Fees paid in respect of that Lesson.
7.12 However, if you become entitled to a refund under the provisions of Clause 7.11, we reserve the right, at our sole discretion, to find another Lesson slot for you and your chosen Tutor up to the value of your cancelled Lesson in order compensate you for the period during which access was denied instead of providing a monetary refund.
8. TERMS FOR TUTORS
Tutor Registration
8.1 If you wish to become one of our Tutors you must submit an application through the Platform. We will then assess your application and we may ask you for more details and to undertake a specially designed performance test to check your suitability to become a Tutor. We will also require certain information during the onboarding process, which may include, but is not limited to:
8.1.1 Enhanced DBS check;
8.1.2 Company number if applicable;
8.1.3 A picture of you holding your valid photo ID;
8.1.4 Proof of professional qualifications and/or accreditation; and
8.1.5 Stripe Connected Account Details.
8.2 You are permitted to upload content to our Platform through your Profile. By permitting us to upload any Profile to our Platform, you grant Tutoring4You and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Profile and/or to incorporate it into other materials in any form, for the purposes of marketing.
8.3 When you apply to be a tutor you consent to receiving promotional and educational emails to the provided email address
9. Tutor Obligations
9.1 Tutors must keep their availability for Lessons up to date at all times using the Platform’s calendar function. If you need to cancel a Lesson due to extenuating circumstances, you must contact the Guardian to reschedule. If you are not able to reschedule with the Student you may contact us in order to notify us of the extenuating circumstances that require the cancellation PROVIDED such notice is more than 24 hours prior to the Lesson. Otherwise, the non-attendance will be treated as a No-Show, resulting in disciplinary action. Equally, a Guardian or Student must give you at least 24 hours notice prior to cancelling a Lesson. If notice of cancellation by a Student or Guardian is given with less than 24 hours notice, we may charge for the Lesson and you will be reimbursed in this case, though this decision is at our discretion.
9.2 Tutors are permitted up to a maximum of two (2) No-Shows. If you are a No-Show for a Lesson three (3) times during your membership with the Platform, we reserve the right to immediately suspend you from the Platform.
9.2.1 Tutoring4You will deduct £15 from pay if there is insufficient notice provided for cancellation, rescheduling, or any other unprofessional behaviors.
9.3 If a Student does not appear for a scheduled Lesson, you must wait for a fifteen (15) minute grace period before abandoning the Lesson. If the Student arrives within the grace period, then the Lesson will continue as planned for the planned Lesson length. If the Student does not arrive within the grace period, you may abandon the Lesson and you will still be paid for the Lesson.
9.4 Tutors acknowledge and agree that they shall not make contact with any Student or Guardian outside of their Tutoring4You e-mail account and/or the virtual classroom.
9.5 Tutor’s agree to give Tutoring4You access to their inbox on the Platform for training and monitoring purposes at all times and acknowledge that Tutoring4You has a legitimate business interest to access such personal data of the Tutor whilst the Tutor is providing the Tutoring Services. In order to maintain access, Tutoring4You will need to be notified of any password changes by the Tutor within 24 hours of such change being made.
9.6 Tutors must produce reports after each Lesson with a Student (Lesson Reports). This is a key element of the Tutoring Services. Should Tutors fail to produce a Lesson Report in a timely fashion after the Lesson, Tutoring4You reserves the right to withhold any Tutor Fees due until the Lesson Reports have been delivered.
9.7 The Tutor represents and warrants that:
9.7.1 they have the necessary authority, rights and licences to provide the Tutoring Services that they advertise on the Platform;
9.7.2 the experience and expertise of the Tutor detailed on the Profile are accurate and truthful and not misleading for Students;
9.7.3 they shall not promote the services of any other teaching or tutoring business and if they become aware of any business opportunity, they shall pass this into Tutoring4You without delay;
9.7.4 they shall not misuse any personal data of Students shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 11.3) or send unsolicited communications to Students;
9.7.5 they shall not try to circumvent the Platform for financial gain or any other motive;
9.7.5.1 If the management team becomes aware of any attempt to circumvent the platform, the platform reserves the right to immediately suspend the tutor's account and impose a 10% fine of lifetime earnings.
9.7.6 they shall respond promptly to any and all enquiries from Students in relation to Lessons;
9.7.7 they shall respond promptly to any and all enquiries from Tutoring4You when contacted; and
9.7.8 they shall at all times ensure that a professional demeanour is maintained during any Lesson and that they shall not use any threatening or unsuitable language or display any inappropriate behaviour when dealing with Students.
9.8 The Tutor shall indemnify, defend and hold harmless Tutoring4You against all losses that Tutoring4You incurs or suffers however arising as a result of or in connection with:
9.8.1 the Tutor’s breach of the warranties set out in Clause 9.4;
9.8.2 the Tutor’s breach or negligent performance or non-performance of any obligations under these Terms;
9.8.3 any damage to reputation suffered by Tutoring4You as a result of the Tutor’s breach of these Terms or negligence; and/or
9.8.4 any claim made by a Student, Guardian or any third party arising out of or in connection with a Lesson with a Tutor, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Tutor or its staff or contractors.
9.9 Tutoring4You requires that Tutor’s obtain and maintain Insurance Policies to adequately cover their liabilities to Guardians, Students and Tutoring4You under these Terms.
9.10 Tutoring4You reserves the right to suspend and terminate the use of the Platform by any Tutor that breaches these Terms or if it receives more than two (2) complaints about any Tutor or its staff or contractors from Students or Guardians or if in its sole discretion, Tutoring4You believes that a Tutor has behaved unprofessionally more than twice.
10. Fees
10.1 Tutor Fees are paid by the Student to Tutoring4You and allocated to the relevant Tutor via Stripe. In order to do make these payments to Tutors, the Tutor’s Stripe account must be approved as a Stripe Connected Account of Tutoring4You.
10.2 Payment processing services for Tutors are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these Terms and continuing to use the Platform Services, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. Under no circumstances can Stripe be used in violation of the Stripe Services Agreement and any breach of the Stripe Services Agreement by a Tutor will be a material breach of these Terms which may result in Tutoring4You terminating the Tutor’s use of the Platform.
10.3 In order to receive approval from Stripe to become a Stripe Connected Account, you must adhere to the following additional terms:
10.3.1 you agree to provide us with accurate and complete Know Your Client information about your business and the ownership of your business and to update that information whenever necessary to ensure it is accurate at all times;
10.3.2 you hereby authorise us to act on your behalf in setting up, creating and managing your Stripe Connected Account and any other activity required for the operation of the Stripe Connected Account and to receive notices from Stripe on its behalf;
10.3.3 you hereby authorise us to access your Stripe Connected Account data and to share the Stripe Connected Account data with Stripe. Stripe and Tutoring4You are independently responsible for ensuring that Stripe Connected Account data within our possession or control is protected from unauthorised disclosure; and
10.3.4 you understand and acknowledge that if we suspect you of any fraudulent, unlawful, deceptive or abusive activity, it is contractually required to inform Stripe promptly of this on becoming aware.
10.4 In return for providing the Platform Services to the Tutor, the Tutor must pay the Commission Fee, as stated in communications between the parties, in respect of the Tutoring Services performed once each Lesson is completed and the Lesson Report delivered.
10.5 Our preferred currency is GBP. If Tutor Fees are not received in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rates or charges levied by Stripe for such conversion.
10.6 All Tutoring4You Tutors are fully responsible for compliance with any applicable local laws and regulations in regard to the Tutor Fees that they receive from the Tutoring Services including the payment and reporting of any applicable income taxes or VAT. For the avoidance of doubt, Tutoring4You is not responsible for Tutors’ tax payments or any other financial obligation and cannot provide the tutors with any advice in this regard.
10.7 Our preferred currency is GBP. If Tutors request Tutor Fees in other currencies, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.
10.8 Tutoring4You is a provider of the Platform Services only and we act as an agent for the Tutor in obtaining Lesson bookings with Students. Once a Lesson is booked, all contractual matters relating to the Tutoring Services are between the Student and the Tutor and so the Tutor must make every effort to resolve any issues that pertain to the Tutoring Services on their own.
10.9 The referral offer of one month of free tutoring is equivalent to 2 free lessons or 1 per fortnight. The offer is only available if both individuals you refer book free taster lessons and successfully pay the deposit.
11. Status
GENERAL TERMS
12. Intellectual property
12.1 We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 Tutoring4You is a trade mark registered in the United Kingdom under trade mark number UK00003793987 and is protected by the Trade Marks Act 1994. No rights are granted to Students, Tutors or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
12.3 You are permitted to:
12.3.1 print off one copy or download extracts of any page(s) from our Platform for your personal use; and
12.3.2 draw the attention of others within your organisation to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.
12.4 However, you must not:
12.4.1 modify the paper or digital copies of any materials you have printed off or downloaded in any way;
12.4.2 use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
12.4.3 use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
12.4.4 share any printable/digital products that you have purchased from ‘The Shop of Essentials’ with non-purchasers in an attempt to circumvent non-purchasers from having to buy the same product.
12.5 If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13. Viruses and maintenance
13.1 We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
13.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
13.3 You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
13.4 You must not misuse our Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
13.5 We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
14. Linking to our Platform
14.1 You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We prefer that you link to our Platform through the social media links provided.
14.2 You must not, without explicit permission:
14.2.1 establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
14.2.2 establish a link to our Platform in any website that is not owned by you;
14.2.3 frame our Platform on any other Platform, nor create a link to any part of our Platform other than the home page; or
14.2.4 link from any Platform that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
14.3 We reserve the right to withdraw linking permission without notice.
15. Third-party Links on our Platform
Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
16. Confidentiality
16.1 We undertake not to disclose any confidential information regarding any Business to third-parties except as provided for under these Terms. However, we may disclose your confidential information:
16.1.1 to our employees, officers, representatives, subcontractors or advisers who require such information for the purposes of carrying out their obligations under these Terms; or
16.1.2 as may be required by the law of a court of competent jurisdiction or any governmental or regulatory authority.
17. Successors and our sub-contractors
17.1 We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
17.3 No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party’s consent. Neither of us will need to get the agreement of any other person in order to terminate these Terms or make any changes to these Terms.
18. Circumstances beyond the control of either party
18.1 In the event of any failure by a party because of something beyond its reasonable control:
18.1.1 the party will advise the other party as soon as reasonably practicable; and
18.1.2 the party’s obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Guardian’s rights relating to delivery and any right to cancel.
19. Privacy
19.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
19.2 These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
19.3 For the purposes of these Terms:
19.3.1 ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act 2018 and the UK GDPR.
19.3.2’GDPR’ means the UK General Data Protection Regulation .
19.3.3’Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
19.4 We are a Data Controller of the Personal Data we Process in providing services to you.
19.5 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
19.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
19.5.2 we will only Process Personal Data for the purposes identified;
19.5.3 we will respect your rights in relation to your Personal Data; and
19.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
19.6 For any enquiries or complaints regarding data privacy, please contact us.
20. Reliance on our Platform
20.1 The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.
20.2 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
21. Prohibited use
21.1 You may not use the Platform for any of the following purposes:
21.1.1 in any way which causes, or may cause, damage to the Platform or interferes with any other person’s use or enjoyment of the Platform;
21.1.2 in any unlawful or fraudulent manner;
21.1.3 to transmit, or to procure the transmission of any unsolicited marketing materials to us;
21.1.4 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
21.1.5 to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform; or
21.1.6 making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
22. Erroneous transactions and fraud
22.1 Should we make payment in error to Tutors, we reserve the right to pursue reimbursement the Platform by deducting the amount from future Tutor Fees or pursuing available legal remedies.
22.2 In order to prevent financial fraud, we incorporate the built-in fraud tool “Stripe Radar” to provide real time fraud protection.
23. Limitation of liability
23.1 We provide the Platform Services only and we are not responsible and accept no liability whatsoever in respect of the Tutoring Services that Students receive from a Tutor on the Platform. Lessons are held via third-party communication software platforms, including, but not limited to Zoom, Google Meet and Skype. Neither are we responsible for the reliability or quality of those services.
23.2 If you are a Consumer, we limit our liability as follows:
23.2.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract between us was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
23.2.2 Subject to Clause 15.2.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services. Our total liability to you for all other losses arising under or in connection with any agreement between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.
23.2.3 We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example loss of profit) to the Student’s business, trade, craft or profession which would not be suffered by a Consumer because we believe the Student is not engaging our Services wholly or mainly for its business, trade, craft or profession.
23.3 If you are a Business, we limit our liability as follows:
24. General
24.1 These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version. No variation of these Terms, can be made after it has been entered into unless the variation is agreed by the Student and Tutoring4You in writing and authorised by a member of our senior staff.
24.2 These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
24.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
24.4 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
25. Governing law, jurisdiction and complaints
25.1 These Terms (including any non-contractual matters) are governed by the laws of England and Wales.
25.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Student lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
25.3 In the event of a dispute between Students and Tutors relating to the Tutoring Services, parties must first try to resolve any complaint between them. If this is not possible, then the parties should contact us to find a solution. In such an instance, the decision of Tutoring4You shall be final.