Terms & conditions
The provision of the Platform and Services shall be governed by these Terms and Conditions. In using our Platform the Customer accepts these Terms and Conditions. Unless otherwise stated, the definitions listed in the General Policy apply to all policies of these Terms and Conditions, which includes:
- General Policy
- Tutor Policy
This general policy applies to all Customers of the Platform, including Students, Guardians and Tutors.
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
“Account” means a personalised account on the Platform which enables a Customer to access and use the Services, including Students, Guardians and Tutors;
“Agency” means TuitionWorks a trading name of inTuition Clubs Ltd (10418763), providing this online tuition service;
“Agreement” means the agreement made under these Terms and Conditions between the Providers and the Customer;
“Customer” means the person or entity identified as such on the Platform Account, including Students, Guardians and Tutors;
“Customer Data” means all data (including Personal Data), works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Providers for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Platform by the Customer (but excluding analytics data relating to the use of the Platform and server log files);
“Fees” means any amount charged to a Student for tutoring or tutoring services and any amount due to a Tutor for providing tutoring or tutoring services.
“Help Centre” means the help documentation and support messaging system for the Platform made available to the Customer via their Account;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or not registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);
“Lesson” means a tutoring session delivered by a Tutor and received by a Student.
“Platform” means the Lessonspace software platform which is owned and operated by the Supplier and made available to the Customer in accordance with these Terms and Conditions, for use in providing Services;
“Providers” means the Agency and the Supplier;
“Services” means the services provided to the Customer by the Providers via the Platform for tutoring and tutoring support;
“Services Registration” means the online registration form emailed to and completed and submitted by the Customer incorporating these Terms and Conditions by reference;
“Student” means a registered user seeking or receiving tutoring from a Tutor. For individuals under the age of 18 years old this term also includes their legal Guardian;
“Supplier” means Lessonspace, Inc which provides the online classroom software platform for use by the Agency and Customers and TutorCruncher which provides booking management software.
“Tutor” means a registered individual offering or providing tutoring to Students; and
“Online Classroom” means the Platform’s online classroom which includes video, audio and presentation streams.
2. Platform use
2.1 The Customer is permitted to use the Platform by means of a Web Browser for the purposes of using the Services.
2.2 The permission granted to the Customer under Clause 2.1 is subject to the following limitations:
(a) Customers must be over 18 years of age to register an Account and any Student under 18 years of age wishing to use the Platform must arrange for a parent or legal Guardian to register on their behalf and that parent or legal Guardian shall be included in the term “Student” for the purposes of these Terms and Conditions;
(b) platform Accounts may only be used by those individuals named on the Account and those names must be real and accurate; and
(c) the Platform may only be used for tutoring and tutoring support services.
2.3 Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the permission granted to the Customer under Clause 2.1 is subject to the prohibitions that the Customer must not:
(a) sub-license its right to access and use the Platform;
(b) permit any unauthorised person or entity to access their Account; or
(c) make any alteration to the Platform, except as permitted in the Help Centre.
2.4 The Customer shall use reasonable endeavours, including reasonable security measures relating to Account access details, to ensure that no unauthorised person may gain access to the Platform using their Account and must notify the Providers immediately if they become aware of any unauthorised use of their Account.
2.5 The Supplier shall use reasonable endeavours to maintain the availability of the Platform to the Customer at the gateway between the public internet and the network of the hosting services provider for the Platform, but does not guarantee 100% availability.
2.6 The Supplier shall use reasonable endeavours to keep the Platform free from defects, errors and bugs.
2.7 The Customer must ensure that their computer system and internet connection meet all the technical specifications necessary to use the Platform and Services, as detailed in the Help Centre.
2.8 The Customer’s conduct on the Platform must:
(a) be appropriate and consistent with generally accepted standards of etiquette and behaviour in the tutoring and teaching industries;
(b) be courteous and polite to other users of the Platform;
(c) not involve contacting an excessive number of other Customers or sending an excessive number of messages;
(d) not be offensive, insulting, deceptive, hostile, threatening, abusive, harassing, hateful, discriminatory or inflammatory; and
(e) not cause annoyance, inconvenience or needless anxiety.
2.9 The Customer must not use the Platform:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful, or in connection with any such activity;
(b) in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform;
(c) for any regulated activity;
(d) to conduct any systematic or automated data collection activity, via or in relation to the Platform;
(e) to conduct (or request that any other person or entity conduct) any load testing or penetration testing; or
(f) in any way (or promote the Platform in any way) which is liable to result in the blacklisting of any IP addresses or domains being used by the Platform.
2.10 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
2.11 The Platform allows Students to:
(a) contact the Agency or Tutors to arrange Lessons; and
(b) attend online Lessons in an Online Classroom;
2.12 The Platform allows Tutors to:
(a) create a profile to detail their tutoring services, if applicable;
(b) communicate with the Agency or Students to arrange Lessons; and
(c) use an Online Classroom to conduct online Lessons with Students.
3. Customer data
3.2 Customer data must not:
(a) be untrue, false, inaccurate or misleading;
(b) be libellous or maliciously false;
(c) be obscene, indecent or inappropriate for children;
(d) constitute or contain spam, which for these purposes shall include all marketing and unsolicited communications;
(e) constitute a breach of racial or religious hatred or discrimination legislation;
(f) constitute negligent advice or contain any negligent statement;
(g) link to any material or site that could breach the provisions of these Terms and Conditions;
(h) contain any legal, financial or medical advice;
(j) contain or consist of viruses, worms, spyware, adware or any other software or technologies that will or may have a material negative effect upon the performance of the Platform or a Customer’s computer, or introduce material security risks;
(j) be illegal or unlawful;
(k) infringe any person’s legal rights or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
(l) constitute a breach of any contractual obligation owed to any person or entity;
(m) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(n) infringe any right of confidence, right of privacy or right under data protection legislation;
(o) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(p) be in contempt of any court, or in breach of any court order; or
(q) have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4.1 The Providers shall provide Support to the Customer during the Term and such services shall be subject to this Clause 4.
4.2 The Customer will have access to a Help Centre via their Account which contains support materials for using the Platform and Services.
4.3 The Customer will have access to a contact form via their Account for the purposes of requesting and where applicable receiving (during Business Hours) Support from the Agency.
4.4 The Agency shall provide Support with reasonable skill and care and shall respond promptly to requests for Support made by the Customer.
4.5 Customers must inform the Providers immediately if they have any safeguarding concerns.
5.1 Students agree to pay any and all applicable Fees directly to the Agency and shall not pay any Fees directly to Tutors.
5.2. Tutors agree to receive any and all applicable Fees directly from the Agency and shall not receive any Fees directly from Students.
5.3 The Supplier is not party to any financial arrangement made with any Student or Tutor for the provision of tutoring or tutoring services and is not responsible for any Fees charged to Students or any Fees owed to Tutors.
6. Data protection
6.1 The Providers shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
6.2 The Customer warrants to the Providers that it has the legal right to disclose all Personal Data that it does in fact disclose under or in connection with the Agreement.
6.4 The Providers shall ensure that all persons and organisations with access to the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
6.5 If any changes or prospective changes to the Data Protection Laws result or will result in any party not complying with the Data Protection Laws in relation to processing of Personal Data carried out under the Agreement, then all parties shall use their best endeavours to promptly agree such variations to the Agreement as may be necessary to remedy such non-compliance.
6.6 The Customer warrants to the Providers that any Personal Data of another user made available to them via their Account will not be removed or copied from the Platform, unless given explicit written consent from the Providers.
7.1 The Customer warrants to the Providers that it has the legal right and authority to enter into the Agreement and to perform its obligations under these Terms and Conditions.
7.2 All of the parties’ warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
7.3 The Customer warrants to the Providers that it has the legal right to use the Platform and Services in their country of residence.
8. Acknowledgements and warranty limitations
8.1 The Customer acknowledges that:
(a) the Providers have access to the Personal Data stored on their Platform Account in order to provide the Services;
(b) complex software is never wholly free from defects, errors, bugs or security vulnerabilities; and subject to the other provisions of these Terms and Conditions, the Supplier gives no warranty or representation that the Platform will be wholly free from defects, errors or bugs or will be entirely secure;
(c) the Platform is designed to be compatible only with the software and systems specified as compatible in the Help Centre; and the Supplier does not warrant or represent that the Platform will be compatible with any other software or systems;
(d) the Providers will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Platform; and, except to the extent expressly provided otherwise in these Terms and Conditions, the Providers do not warrant or represent that the Platform or the use of the Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person;
(e) the Providers may actively monitor the use of the Platform and its content and that all communications which occur via the Online Classroom may be recorded for safeguarding and quality control, and that these recordings may include audio and video streams as well as a presentation stream, which may be stored privately on secure servers and may be accessed by the Providers for safeguarding and quality control purposes;
(f) the Supplier (Lessonspace, Inc) is not a tutoring Agency and does not act as an agent for any Tutor; the Supplier provides the Platform software whereas all tutoring agency services are provided by the Agency (TuitionWorks); and
(g) the Agency has the right to withdraw the Customers access to the Platform and close their Account.
9. Limitations and exclusions of liability
9.1 Nothing in these Terms and Conditions will limit or exclude any liability:
(a) for death or personal injury resulting from negligence;
(b) for fraud or fraudulent misrepresentation; and
(c) or statutory rights in any way that is not permitted under applicable law.
9.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
9.3 The Providers will not be liable to the Customer in respect of any:
(a) losses arising out of a Force Majeure Event;
(b) loss of profits or anticipated savings;
(c) loss of revenue or income;
(d) loss of business, contracts or opportunities;
(e) loss or corruption of any data, database or software;
(f) special, indirect or consequential loss or damage; or
(g) examination grades, assignment results or achievement of any other accreditation or goal.
10. Account closure
10.1 The Providers have the right to close a Customers Account if they:
(a) fail to reply to messages;
(b) fail to attend arranged Lessons;
(c) are involved in disputes;
(d) send an excessive number of messages;
(e) behave inappropriately;
(f) do not log in to their Account for more than 2 years;
(g) request it by contacting the Agency; or
(h) breach the Agreement.
11.1 Unless expressly agreed otherwise in writing, each Services Registration shall create a distinct Agreement under these Terms and Conditions.
11.2 The Agreement shall continue in force indefinitely, subject to termination in accordance with this Clause 11.
11.3 The Providers or Customer may terminate the Agreement by giving to the other party written notice of termination.
11.4 Upon the termination of the Agreement, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 2.10, 6.1, 9, 11.4, 12, and 13.
11.5 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Agreement shall not affect the accrued rights of any party.
12.1 No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.
12.2 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.
12.3 Subject to any express restrictions elsewhere in these Terms and Conditions, the Providers may subcontract any obligations under the Agreement, providing that the Providers must make available to the Customer, promptly following the appointment of a subcontractor, details of the subcontracted obligations and the subcontractor in question.
12.4 If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
12.5 The Providers may make changes to these Terms and Conditions from time to time but must take reasonable steps to bring any material changes to the attention of the Customer. If the Customer does not agree to any changes made they have the right to terminate the Agreement.
12.6 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) sent using our messaging systems, in which case the notice shall be deemed to be received upon being sent; or
(b) sent by email in which case the notice shall be deemed to be received upon receipt of the email by the recipient’s email server, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
12.7 The Customer hereby agrees that the Providers may assign their contractual rights and obligations under the Agreement to any successor to all or a substantial part of the businesses of the Providers from time to time providing that such action does not serve to reduce the guarantees benefiting the Customer under the Agreement. The Customer must not without the prior written consent of the Providers assign, transfer or otherwise deal with any of the Customers’ contractual rights or obligations under the Agreement.
12.8 The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
12.9 Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Providers to the Customer, or from the Customer to the Providers.
12.10 The Agreement shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.
13.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
13.2 The Clause headings do not affect the interpretation of these Terms and Conditions.
13.3 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
13.4 In these Terms and Conditions the terms “written” and “in writing” shall include electronic written communication including email, the Platform messaging system and the Platform Help Centre.
This Tutor Policy sets out the additional rules governing Tutor Accounts and the use of the Platform and Services as a Tutor. References in this Policy to “you” are to any Tutor using the Platform (and “your” should be construed accordingly); and references in this Policy to “us” or the “Agency” are to TuitionWorks (and “we” and “our” should be construed accordingly). If Students are under 18 years of age their Account will have been registered by a parent or legal Guardian and that parent or legal Guardian shall be included in the term “Student” for the purposes of this Policy.
The services provided at tuitionworks.com allow Tutors to:
(a) register their interest in tutoring
(b) communicate with us or with Students to arrange Lessons; and
(c) use the Online Classroom to conduct online Lessons with our Students only.
2. Registration Requirements
2.1 To register an Account, you must:
(a) be over 18 years of age;
(b) be legally entitled to work in the UK;
(c) not appear on the Children or Adult DBS Barred Lists;
(d) use your real name and personal details;
(e) have the necessary qualifications and experience to provide Lessons in the subjects and level you offer;
(f) upon request from us, be able to provide a copy of your passport or driving licence as proof of identity;
(g) ensure that any details added to your Tutor profile (if applicable) are real, accurate and representative; and
(h) not have another Tutor Account with us.
(i) have been fully vetted and cleared for work via Teaching Personnel Ltd or Protocol Education Ltd.
3. Account Approval
3.1 Before you can start using the Platform and Services your Account requires approval by us.
3.2 We may edit your tutor profile, if applicable, to ensure it conforms to our requirements. This may include but is not limited to: corrections to spelling, grammar, layout or formatting; changes to sentence structure or wording; removal of irrelevant or prohibited data; cropping or rotating of a photo; and addition or deletion of profile search tags. Upon making any significant changes we will inform you by sending you a message so you can review the changes to ensure they are accurate and representative.
3.3 We have the right to decline to approve your Account. When assessing your suitability as a Tutor we consider a range of criteria including but not limited to your: qualifications; experience; availability; hourly rate; subjects and levels offered; profile detail and style; English language fluency; computer specification; internet connection; provided documentation; geographic location; and interview.
3.4 Details you add to your tutor profile, if applicable, may be visible to other Platform users.
4.1 You may be required to submit and confirm information in relation to yourself and the tutoring you arrange or conduct with a Student. You agree to supply such information to us, if requested.
4.2 You must not complete homework, coursework or any other assignment on behalf of a Student.
4.3 If you are unhappy with or concerned about a Student you must report this to us as soon as possible.
4.4 You acknowledge that Students are entitled to submit feedback in relation to your Lessons and tutoring services. If you are unhappy with any feedback you receive you should contact us and we will make a decision regarding whether the feedback is shown in your profile, if applicable.
4.5 You acknowledge that Tutors may be ranked in Platform searches, if applicable, on the basis of a range of criteria which includes your profile data and your activity on the Platform.
4.6 You acknowledge that you are paid via either Teaching Personnel or Protocol Education (dependant on where you are registered for supply work) for any tuition sessions delivered via Tuition Works. Payments are made via PAYE in accordance with Teaching Personnel or Protocol Education’s standard payment terms.
4.7 You must take every precaution to ensure that you work in a safe environment and are responsible for taking out and maintaining your own insurance policies to cover the tutoring you undertake.
5. Account Closure
The Providers have the right to close a Tutor’s Account if they:
(a) fail to reply to messages;
(b) fail to attend arranged Lessons;
(c) are involved in disputes;
(d) send an excessive number of messages;
(e) behave inappropriately; or
(f) breach the Agreement.