This agreement applies as between you, the User of this Website and YourTeacher, 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:
“Tuition Arrangement” means an arrangement for a Tutor to perform services for a Tutee as agreed between the Tutor and the Tutee.
“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
“Website” means the website that you are currently using (www.yourteacher.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
All and any business undertaken between you and us is 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 between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 7 of these Terms and Conditions, all Content included on the Website 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 YourTeacher. 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 NOT 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 YourTeacher. 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 YourTeacher;
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.
3 Provisions that specifically apply to Tutees
If you are a Tutee or parents of Tutees, the following provisions in this paragraph apply to you.
3.1 To obtain a Tutor’s contact details a binding contract is formed between you and YourTeacher on these Terms. We begin providing our Services immediately after you opt to purchase a booking, and you acknowledge that, from that point, you shall not be able to cancel your purchase and request a refund, except in an emergency. Dates and times of a lesson can be changed provided 24 hours notice is given.
3.2 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). However the client can check the Tutor’s Credentials (e.g. by checking identification) yourself before entering into any Tuition Arrangement.
3.3 Your Tutor is self-employed. You accept that your contract for tuition services is with the Tutor and not with YourTeacher.
3.4 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.
3.5 You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the YourTeacher 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.
4. Payments, Money-Back Guarantee
4.1 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.
4.2 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 at email@example.com to obtain a refund or obtain the contact details of another tutor. Please notify us within 48 hours.
4.3 Tutees do not need to pay an introduction fee for tutors. On average the ongoing fee due to yourteacher once students start will be 10% per hour. That is £2 for £20 lessons, or £4 for £40 lessons.
4.4 Money back will be offered if a lesson has been unsatisfactory. A complaint would need to be made within 48 hours of the lesson having taken place. Where bulk lessons have been booked, a contract has been entered into, and money can only be repaid for lesson times not used if there is an urgent reason for cancellation. eg sudden illness or emigration. Please note it is better for one lesson to be booked with a tutor first, as a trial before bulk bookings are made. This allows the Tutee and Tutor to see if they can work well together.
5. Provisions that specifically apply to Tutors
If you are a Tutor, the following provisions in this paragraph apply to you.
5.1 You promise to us that you are at least eighteen years of age and can (and will on request) provide any references, DBS checks or proof of qualifications.
5.2 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.
5.3 Tutees do not need to pay an introduction fee for tutors. On average the ongoing fee due to yourteacher once students start will be 10% per hour. That is £2 for £20 lessons, or £4 for £40 lessons.
5.4 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.
5.5 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.
5.6 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.
5.7 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.
5.8 Under no circumstances must there ever be any incident of foul or violent language before, during or after lessons with the tutee or the tutees parent/guardian.
5.9 Tutors should note that background checks will be made to ensure they are safe around children or vulnerable students. References will also be taken.
5.10 Tutors are advised not touch students or flirt, and provide any scenario which may be misconstrued as unproffessional. If this occured, instant dismissal will occur and the police may be informed.
6. 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
YourTeacher 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.
7. Disclaimers and Limitation of Liability
7.1 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.
7.2 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.
7.3 YourTeacher 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.
7.4 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, YourTeacher makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
7.5 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.
7.6 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;
7.7 Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to the cost of a lesson that you are not happy with.
8. 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.
9. Notices or Cancellations
All notices / communications shall be given to us by email to firstname.lastname@example.org. 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 after 6pm or on a weekend or public holiday. Urgent communications should be made by telephone. 24 hours notice should be given for cancellations.
10. Law and Jurisdiction
These terms and conditions and the relationship between you and YourTeacher shall be governed by and construed in accordance with the Law of England and Wales and YourTeacher and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.