You must take the time to read and understand the Tutor Me Limited Terms and Conditions of Service before entering into a contractual agreement to acquire the services offered by Tutor Me Limited. By signing these Terms and Conditions of Service, you accept that you are entering into a contract with us based on these Terms and Conditions of Service. You should be aware that these Terms and Conditions may change from time to time in accordance with Clauses 7.12 and 7.13 below.
1. Interpretation
In these Terms of Business ("the Terms") the following expressions shall be given the following meanings:
- "Contract" means the period during which a Tutor provides tuition services for the Client as agreed between Tutor Me Limited and the Client.
- "Tutor Me Limited" means Tutor Me Limited, 54 The Nooks, Gildersome, Leeds, LS27 2EF. Company Number: 6367647.
- "Website" means the website operated by Tutor Me Limited.
- "Client" means you, a person contacting Tutor Me Limited with a view to entering into a formal contractual relationship with Tutor Me Limited for the provision of tuition services by the Tutor to the Client or the Clients's nominee.
- "Tutor" means a person suitably qualified and experienced to provide tuition services in the areas of expertise required by the tutee with a view to entering into contracts for the provision of tuition to the Client or the Client 's nominee.
- "Abuse" means, but is not limited to, breach of the Terms and the use of the Website in such a way as is, in the opinion of Tutor Me Limited, unreasonable.
- A “Tuition Request Form” means the form on the Tutor Me website which must be completed by the Client and provided to Tutor Me Limited in advance of commencement of tuition.
- An “Educational Assessment” means a meeting of Client and/or Client’s nominee and a suitably qualified/experienced representative of Tutor Me Limited to discuss and assess the Client’s needs using methods and techniques deemed appropriate by the Tutor Me Limited representative. An Educational Assessment will be included as part of the first lesson at the tutors discretion unless the customer requests a separate Educational Assessment before tuition commences.
- 1.2 In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
- 1.3 All and any business undertaken by Tutor Me Limited, a Tutor and/or a Client 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 unless expressly otherwise agreed in writing. No variation of these Terms shall be valid if made without the written consent of Tutor Me Limited.
- 1.4 The signing of these Terms by a Client shall be deemed acceptance of and agreement to these Terms.
- 1.5 These Terms supersede all previous terms of business.
2. Obligations of Tutor Me Limited
- 2.1 Tutor Me Limited will verify the credentials, expertise, qualifications and/or experience of all Tutors provided and hold on file copies of CRB (Criminal Records Bureau) checks and a minimum of one character reference for each tutor.
- 2.2 Tutor Me Limited will take all steps as is reasonably practicable to introduce the Client to the most appropriate Tutor to meet their needs however will not be liable for any costs incurred as a result of a Client being unsatisfied with the Tutor provided.
- 2.3 Tutor Me Limited will where reasonably practicable provide the Client with a Tutor located not more than 10 miles from the Clients home address.
- 2.4 Tutor Me Limited will take all reasonable precautions to keep the details of Tutors and Clients secure but will not be liable for unauthorized access to the information provided by Tutors and Clients.
3. Obligations of Clients and commencement of Contract
- 3.1 A Client shall indemnify Tutor Me Limited in relation to any liability arising from a Client's use of the Website and all matters arising from such use.
- 3.2 The services to be supplied under these Terms will be provided by Tutor me Limited to the Client from the date of acceptance by Tutor Me Limited of the Client’s offer.
- 3.3 The services under these Terms will continue to be supplied until the Client decides that the services of a Tutor are no longer required by giving 14 day’s notice to Tutor Me Limited and the Tutor or Tutor Me Limited giving 14 day’s notice to the Client.
- 3.4 The Client agrees to make payment for the tuition services requested in accordance with this clause. The total price for the services shall be the amount set out in the price guide published by Tutor Me Limited or alternatively set out in a quote from Tutor Me Limited to the Client. . The total price shall be paid to Tutor me Limited (without deduction or set-off) in advance either in one block booking or in instalments on a lesson by lesson basis. Tutor Me Limited have the right to determine which method of payment is appropriate. Payment cannot be refunded by Tutor Me Limited unless the notice period under the Contract has been given.
- 3.5 Without prejudice to any other right or remedy that it may have, if the Client fails to pay Tutor Me Limited on the due date, the Tutor Me Limited may:
- 3.5.1 charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyd’s bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Supplier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
- 3.5.2 suspend all services under the Contract until payment has been made in full.
- 3.6 Time for payment shall be of the essence of the Contract.
- 3.7 All sums payable to Tutor Me Limited under the Contract shall become due immediately on its termination, despite any other provision. This condition 3.7 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
- 3.8 A Client hereby confirms that they are not less than eighteen years of age.
- 3.9 The Client shall not, without the prior written consent of Tutor Me Limited, at any time from the date of commencement of the Contract to the expiration of one year after the tutoring of the Client has been completed, carry on or accept services from the Tutor, except under the Contract.
- 3.10 The Client will be liable to pay to Tutor Me Limited, on demand, all reasonable costs, charges or losses sustained or incurred by Tutor Me Limited (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to Tutor Me Limited confirming such costs, charges and losses to the Client in writing.
4. Educational Assessment
- 4.1 An Educational Assessment will be included as part of the first lesson at the Tutor’s discretion unless the customer requests a separate Educational Assessment before tuition commences. In this instance an individual Educational Assessment will be arranged and will be charged at the same rate hourly rate as tuition for that individual.
- 4.2 Following an initial telephone discussion with a Tutor to assess suitability and agree tuition times and dates, the Client must complete and file an order form through the Website or make confirmation by telephone. If the Client confirms an order on the Website, the Client will be asked to accept the Terms at the time of booking. If the Client books over the telephone, the Client will be asked to complete and sign a paper copy of the Terms and return it to Tutor Me Limited.
5. Travel Expenses
- 5.1 The Client acknowledges that travel expenses may be requested by the Tutor where the Tutor is required to travel further than 10 miles to the Client’s home.
- 5.2 The Client agrees that the negotiation and agreement of travel expenses is exclusively between the Client and the Tutor and acknowledges that Tutor Me Limited will not be held liable for any costs incurred as a result of the aforementioned agreement.
- 5.3 The method and timing of payments for travel expenses are the sole responsibility of the Client and Tutor and Tutor Me Limited will not be held responsible for any costs incurred as a result of variation from the payment method agreed between Client and Tutor.
6. Website, data and intellectual property
- 6.1 Clients acknowledge that Tutor Me Limited may use data for statistical analysis and may provide this to interested third parties.
- 6.2 Clients acknowledge that Tutor Me Limited may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
- 6.3 No Client may use the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material.
- 6.4 Clients acknowledge that Tutor Me Limited give no guarantee that the Website is free of viruses worms or any other form of harmful components.
- 6.5 The code, brand and intellectual property of the Tutor Me Limited Website cannot be reused without Tutor Me Limited’s written permission. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Tutor Me Limited service are owned by Tutor Me Limited. The Client may not copy, distribute, show in public or create any derivative work from the Tutor Me Limited service, or any of the material which is found on the Tutor Me Limited service unless properly licensed to do so by Tutor Me Limited.
Limitation of liability
- 6.6 Tutor Me Limited do not guarantee to secure a Tutor for a Client.
- 6.7 Tutor Me Limited assume no responsibility for examination entry which is the sole responsibility of the Client.
- 6.8 Tutor Me Limited accept no responsibility for any grade received by a Client or their nominee and any consequence that examination grades entail.
- 6.9 The total liability in contract tort (including negligence or breach of statutory duty), in misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to the price paid by the Client to Tutor Me Limited under the Contract.
- 6.10 Nothing in these Terms limits Tutor Me Limited liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
- 6.11. You agree to indemnify Tutor Me Limited against all liabilities, claims and expenses that may arise from any breach of these Terms by the Client or through a machine on which you access the Tutor Me Limited service.
Miscellaneous
- 6.12 All Clients acknowledge the right of Tutor Me Limited at their discretion to change the features of the Website and these Terms at any time.
- 6.13 These Terms, and any new version of it in the future, takes effect immediately.
- 6.14 When a Client is asked for, and provides, details of a credit, debit or charge card, they must ensure that they are fully entitled to use that card, and it has available funds sufficient to cover the charges which are deducted from it.
Privacy policy
- 6.15 Tutor Me Limited’s Privacy Policy forms part of these Terms, and by agreeing to these Terms, 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 Tutor Me Limited Website (including any which contain personal information) is, of course, accessible to internet users around the world.
- 6.16 Operation of Tutor Me Limited services. Tutor Me Limited reserves the right to withdraw or modify aspects of the Tutor Me Limited service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Tutor Me Limited service becomes inaccessible as a result of technical difficulties experienced by Tutor Me Limited or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
7. Disclaimer and Release:
- 7.1 If any third party sites are linked to or from the Tutor Me Limited website, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- 7.2 Your use of the Website is entirely at your own risk.
- 7.3 Accordingly, to the extent that the law permits, you release Tutor Me Limited its directors, contractors and employees from all liability (including in relation to disputes with Tutors) arising out of your use of a third party site or arising out of or in connection with the Tutor Me Limited service and the material included on the Tutor Me Limited or other third party websites.
- 7.4 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Tutor Me Limited service or prior to any fees being taken.
- 7.5 Entire Terms and Conditions. These Terms include our privacy policy, website disclaimer and copyright notice. Together they contain the whole of the agreement between us and you concerning the Tutor Me Limited service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
- 7.6 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 shall remain valid and enforceable.
- 7.7 These Terms will be subject to English Law and the jurisdiction of English Courts.
No partnership or agency
- 8. Nothing in this agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
Force majeure
- 9. Tutor Me Limited shall have no liability to the Client under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Tutor Me Limited or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
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