Terms ans Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and Uni Tutors, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

“Service” means collectively any online facilities, tools, services or information that Uni Tutors makes available through the Website either now or in the future;

“System” means any online communications infrastructure that Uni Tutors makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Website and is not employed by Uni Tutors and acting in the course of their employment; and

“Website” means the website that you are currently using (www.unitutors.org.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 7 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Uni Tutors. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Uni Tutors. Specifically you agree that:

2.2.1 you will not use the Content of the Website for commercial purposes;

2.2.2 you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Uni Tutors;

2.2.3 you may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and

2.2.4 employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:

a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and

b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.

3. Provisions that specifically apply to Tutors

If you are a Tutor, the following provisions in this paragraph 3 apply to you. If you are not a Tutor, those provisions do not apply to you.

3.1 You promise to us that you are at least eighteen years of age and can (and will on request) provide any references, CRB checks or proof of qualifications as claimed in your profile.

3.2 You shall accept full responsibility for the prices quoted for your services on the Website and for collection of all fees due to you from any Tutee.

3.3 You shall secure payment from your Tutees for services provided pursuant to a Tuition Arrangement directly and shall not seek to recover any payment in relation to your tuition services from us.

3.4 You acknowledge that you are not an employee of ours and you accept full responsibility for all Income Tax, National Insurance and other taxation or employment-related responsibilities arising in connection with your involvement in any Tuition Arrangement.

3.5 You acknowledge that your details may be provided to a Tutee via our service, but that Tutees are under no commitment to undertake any Tuition Arrangement simply by virtue of them having obtained your details from us.

3.6 You acknowledge that your Tutor profile and some details entered by you on the Website will be publicly visible and may appear in search engine results.

4 Provisions that specifically apply to Tutees

If you are a Tutee or if, as a Tutor, you enjoy Tutee-level access, the following provisions in this paragraph 4 apply to you.

4.1 Each time you opt to purchase a Tutor's contact details a binding contract is formed between you and us on these Terms. The Services we provide under that contract include the gathering of information about the Tutor in accordance with paragraph 4.2 and the provision of the Tutor's contact details, in exchange for your payment to us. We begin providing our Services immediately after you opt to purchase and you acknowledge that, from that point, you shall not be able to cancel your purchase and request a refund, except in the circumstances described in paragraph 5.3.

4.2 Before we provide a Tutor's contact details to you, we will have collected certain basic information submitted by the Tutor in relation to their identity, experience, training, authorisations and/or qualifications (Credentials). Whilst we may request that Tutors make available full details of their Credentials, due to the number of Tutors using our Services, it is not reasonably practicable for us to check each Tutor's Credentials on your behalf, and we cannot do so. For this reason, we cannot guarantee that the information submitted by the Tutor is accurate and we shall not be responsible for any failure of the Tutor to provide to you satisfactory evidence to support the statements on the Tutor's profile as to the Tutor's Credentials. You should always check carefully all relevant information and documents in relation to a Tutor before you choose to enter into a Tuition Arrangement with the Tutor and you should verify the Tutor's Credentials (e.g. by checking identification) yourself before entering into any Tuition Arrangement.

4.3 Before we supply a Tutor's contact details to you, you may be required to submit and confirm information in relation to yourself, your tuition requirements and the terms on which you would be prepared to engage a Tutor to provide tuition services. You agree to supply such information and consent to it being shared with potential Tutors.

4.4 You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the Website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the Tutee for the purposes of these Terms.

5. Payments, Money-Back Guarantee

5.1 If you decide to release a Tutor's details, and therefore pay our Introduction fee, you are agreeing to take the Tutor's details we make available to you promptly after that fee is paid both by e-mail and also via your Private Member's area within the Uni Tutors website.

5.2 You promise that you are fully entitled to use any credit, debit or charge card the details of which you submit to us and that such card has available funds sufficient to cover the charges which are to be deducted from it.

5.3 If after releasing a tutor’s contact details you are unable to make contact with the tutor using the details provided, you can email us [email protected] to obtain a refund or obtain the contact details of another tutor.

6. Use of Communications Facilities and Content Submission

6.1 When given using the Comments and / or any other System and when submitting Content to the Website you should do so in accordance with the following rules:

6.1.1 you must not use obscene or vulgar language;

6.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

6.1.3 you must not submit Content that is intended to promote or incite violence;

6.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Uni Tutors are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

6.1.5 content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;

6.1.6 you must not post links to other web sites containing any of the above types of Content;

6.1.7 the means by which you identify yourself must not violate these terms of use or any applicable laws;

6.1.8 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

6.1.9 you must not include identifying information (such as telephone numbers, e-mail addresses, message service identifiers, voIP identifiers, postal addresses, website addresses or name, company name, tuition agency or organisation or any other contact information through which you can be contacted) on the Website or in any messages sent to other Users through the Website or otherwise in any of your User Content; nor

6.1.10 you must not use the Website and/or our Services other than in good faith for your own purposes as an individual Tutor or Tutee. For the avoidance of doubt, use of the Website and/or the Services by organisations such as employment agencies is not permitted;

6.1.11 you must not impersonate other people, particularly employees and representatives of Uni Tutors or our affiliates;

6.1.12 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

6.1.13 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

6.2 You acknowledge that Uni Tutors reserves the right to monitor any and all communications made to us or using our System.

6.3 In order to use the Comments and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

6.3.1 any information you submit is accurate and truthful; and

6.3.2 you will keep this information accurate and up-to-date.

6.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Uni Tutors accepts no responsibility or liability for any infringement of third party rights by such Content. Further, you grant Uni Tutors a licence to modify the Content as necessary for its inclusion on the Website. Uni Tutors accepts no responsibility or liability for any infringement of third party rights by such Content.

6.5 Uni Tutors will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.

6.6 Unless a Member informs Uni Tutors otherwise, in advance of posting, in writing, and Uni Tutors agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Uni Tutors may deem appropriate under a royalty-free, perpetual basis.

6.7 Content submitted by Users is not screened by Uni Tutors prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to [email protected]. This does not constitute an undertaking to explain our actions.

7. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belong to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

8. Miscellaneous

8.1 You acknowledge that the data supplied on the Website concerning distances between postcodes (in particular information about Tutors/Tutees near you) is calculated (unless stated otherwise) and that we make no promise concerning the accuracy of that information.

8.2 We are registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z2611016. You must read our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies. By accepting these Terms you are consenting to the use of your personal data as detailed in that policy.

9. Availability of the Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality

Uni Tutors accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

10. Disclaimers and Limitation of Liability

10.1 Nothing in the Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.

10.2 If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into an agreement on these Terms.

10.3 You agree and acknowledge that we shall not be responsible or liable for:

(a) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or

(b) failure to provide the Website or our Services or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.

10.4 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site.

10.5 Uni Tutors makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

10.6 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Uni Tutors makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

10.7 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

10.8 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Uni Tutors makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

10.9 We are responsible for the provision of the Website and our Services but each Tuition Arrangement is an agreement between the relevant Tutor and the relevant Tutee and we are not a party to that agreement and we are not responsible for the actions of Users or other third parties. For these reasons, you agree and acknowledge that:

(a) we have no responsibility or liability in relation to any aspect of any Tuition Arrangement;

(b) without prejudice to our obligation to carry out checks on Tutors under paragraph 4.2, we do not make any promise or representation to you as to the suitability of any Tutor;

(c) we have no responsibility for examination entry which is the sole responsibility of the Tutee or the relevant student;

(d) we have no responsibility for any grade received by a Tutee or the relevant student and any consequence that examination grades may entail;

(e) even though all Users are prohibited from doing so, some Users may provide information or otherwise behave, via the Website, in a way that is unreliable, misleading or even illegal and some Users may not necessarily be who they say they are. Accordingly, to the extent that the law permits, you agree and acknowledge that your use of the Website and our Services is entirely at your own risk and you release us, our directors, contractors and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of (or the User Content or other material provided by) other Users and other third parties.

10.10 You promise to compensate us for all (if any) claims, liabilities, costs and expenses (actual or consequential) that we may suffer, which arise out of or in connection with your use of the Website and/or the Services, in particular in relation to:

(a) your breach of any provision of these Terms;

(b) your involvement in any Tuition Arrangement (including your breach of any Tuition Arrangement); and

(c) your violation of any law or the rights of a third party.

10.11 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

11. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

12. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Notices

All notices / communications shall be given to us by email to [email protected] Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

14. Law and Jurisdiction

These terms and conditions and the relationship between you and Uni Tutors shall be governed by and construed in accordance with the Law of England and Wales and Uni Tutors and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.