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(Relating to the use of the Home Tutoring Online Website)
1. Interpretation
1.1 In these Terms of Business ("the Terms") the following expressions shall be given the following meanings:
1.1.1 "Contract" means the period during which a Tutor performs services for the Tutee as agreed between the Tutor and the Tutee.
1.1.2 "Home Tutoring Online" means Home Tutoring Online Ltd, of 77A Rectory Lane North, West Malling, Kent ME19 5HD, 07841976595.
1.1.3 "Website" means the website operated by Home Tutoring Online.
1.1.4 "Members" means Tutors and Tutees.
1.1.5 "Tutee" means persons utilizing the Website with a view to entering, and having entered into a formal contractual relationship with both Home Tutoring Online and a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutees nominee.
1.1.6 "Tutor" means a person suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the Tutor on the Website with a view to entering into contracts for the provision of tuition to the Tutee or the Tutees nominee.
1.1.7 "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 Home Tutoring Online, unreasonable.
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 Home Tutoring Online, a Tutor and/or a Tutee 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 Home Tutoring Online.
1.4 The use of the Website by a Tutor or a Tutee shall be deemed acceptance of and agreement to these Terms.
1.5 These Terms supersede all previous terms of business.
2. Obligations of Home Tutoring Online
2.1 The Website has been established to allow Tutees to contact Tutors, view their details, engage in online tutoring, and facilitate payment for such
2.2 Home Tutoring Online will take all reasonable precautions to keep the details of Tutors and Tutees secure but will not be liable for unauthorized access to the information provide by Tutors and Tutees.
2.3 Home Tutoring Online provides no guarantee as to the veracity of any Tutor’s profile.
3. Obligations of a Tutor
3.1 A Tutor warrants that he is of at least eighteen years of age, has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Website.
3.2 A Tutor shall indemnify Home Tutoring Online from all claim, liabilities, costs, and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any use by the Tutor of the Website.
3.3 A Tutor shall accept that he shall be remunerated at the rate of £10/hour for a student tutor and £20 for a professional tutor, into his PayPal/debt/credit account, every Friday for all tutoring done on the site for the 7 days prior.
3.4 A Tutor accepts that the rate and date of pay is subject to change at Home Tutoring’s discretion at any time.
3.5 A Tutor will not include identifying information such as telephone number, e-mail address, message services identifiers, voIP identifiers address, or any other contact information on the website.
3.6 A Tutor shall under no circumstances accept payment for tuition directly from a Tutee or indirectly from anyone other than Home Tutoring Online.
3.7 In responding to feedback of Tutees posted on the Website a Tutor shall not be personally abusive about a Tutee or his nominee.
3.8 A Tutor shall conduct himself suitably and responsibly when engaging in an online tutoring session on the Website with a Tutee.
3.9 A Tutor accepts full responsibility for all information published by him on the Website and shall indemnify Home Tutoring Online in relation to any liability incurred by them as a result of such information.
3.10 A Tutor shall not seek to recover from Home Tutoring Online any payment that has not been made by a Tutee
3.11 A Tutor hereby acknowledges that Home Tutoring is not liable to the Tutor for reimbursement of any fees paid pursuant to these Terms in the events of any cancellation of any Contract for any reason.
3.12 A Tutor acknowledges that he is not an employee of Home Tutoring Online and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated by a Contract.
3.13 A Tutor shall not seek to tutor independently a Tutee whose service he has obtained via Home Tutoring. Such action will lead to immediate termination of membership.
3.14 A Tutor accepts that a Tutee can cancel a session at any time without notice and without liability.
4.1 A Tutee acknowledges that it is his responsibility to verify the credentials expertise and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract.
4.2 A Tutee shall indemnify Home Tutoring Online in relation to any liability arising from a Tutees use of the Website and all matters arising from such use.
4.3 A Tutee shall not include identifying information such as telephone number e-mail address message services identifiers voIP Identifiers address or any other contact information in messages posted by the Tutee on the Website or in messages sent to other Members.
4.4 A Tutee acknowledges that a Contract shall be completed upon completion of any single period of tuition lasting up to 15 minutes, and that the Tutee shall be liable to make electronic payment directly to Home Tutoring Online prior to the commencement of any tutoring session, at the rate specified on the website.
4.5 All prices are exclusive of VAT. A Tutee accepts Home Tutoring Online’s right to charge VAT thereon, at whatever time deemed necessary by Home Tutoring.
4.6 A Tutee must not publish any defamatory or derogatory comments concerning a Tutor on the Website or in any communications with other Members whether on the Website or through any other medium.
4.7 A Tutee acknowledges that Home Tutoring Online is not responsible for the performance of the Tutors obligations.
4.8 A Tutee must not solicit the independent tuition services of a Tutee whose service he has obtained via Home Tutoring Online. Such action will lead to immediate termination of membership.
4.9 A Tutee hereby confirms that he is not less than eighteen years of age.
4.10 A Tutee accepts that a Tutor can cancel a session at any time without notice and without liability.
5 Miscellaneous
5.1 Members acknowledge the right of Home Tutoring Online to restrict their access to the website for any period and if necessary permanently at the sole discretion of Home Tutoring Online and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.
5.2 The Members acknowledge that Home Tutoring Online may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
5.3 No Member 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.
5.4 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.
5.5 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
5.6 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.
5.7 Members acknowledge that Home Tutoring Online is not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
5.8 Members acknowledge that Home Tutoring Online gives no guarantee that the Website is free of viruses, worms or any other form of harmful components.
5.9 Home Tutoring Online does not guarantee to secure a Tutor for a Tutee.
5.10 Home Tutoring Online assumes no responsibility for examination entry which is the sole responsibility of the Tutee.
5.11 Home Tutoring Online accepts no responsibility for any grade received by a Tutee or any consequence that examination grades entail.
5.12 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 this agreement shall be limited to the price paid by the Member to Home Tutoring under a Contract.
5.13 All Members acknowledge the right of Home Tutoring Online at their discretion to vary the features of the Website and the Terms of use at anytime.
5.14 These Terms will be subject to English Law and the jurisdiction of English Courts
1. Interpretation
1.1 In these Terms of Business ("the Terms") the following expressions shall be given the following meanings:
1.1.1 "Contract" means the period during which a Tutor performs services for the Tutee as agreed between the Tutor and the Tutee.
1.1.2 "Home Tutoring Online" means Home Tutoring Online Ltd, of 77A Rectory Lane North, West Malling, Kent ME19 5HD, 07841976595.
1.1.3 "Website" means the website operated by Home Tutoring Online.
1.1.4 "Members" means Tutors and Tutees.
1.1.5 "Tutee" means persons utilizing the Website with a view to entering, and having entered into a formal contractual relationship with both Home Tutoring Online and a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutees nominee.
1.1.6 "Tutor" means a person suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the Tutor on the Website with a view to entering into contracts for the provision of tuition to the Tutee or the Tutees nominee.
1.1.7 "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 Home Tutoring Online, unreasonable.
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 Home Tutoring Online, a Tutor and/or a Tutee 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 Home Tutoring Online.
1.4 The use of the Website by a Tutor or a Tutee shall be deemed acceptance of and agreement to these Terms.
1.5 These Terms supersede all previous terms of business.
2. Obligations of Home Tutoring Online
2.1 The Website has been established to allow Tutees to contact Tutors, view their details, engage in online tutoring, and facilitate payment for such
2.2 Home Tutoring Online will take all reasonable precautions to keep the details of Tutors and Tutees secure but will not be liable for unauthorized access to the information provide by Tutors and Tutees.
2.3 Home Tutoring Online provides no guarantee as to the veracity of any Tutor’s profile.
3. Obligations of a Tutor
3.1 A Tutor warrants that he is of at least eighteen years of age, has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Website.
3.2 A Tutor shall indemnify Home Tutoring Online from all claim, liabilities, costs, and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any use by the Tutor of the Website.
3.3 A Tutor shall accept that he shall be remunerated at the rate of £10/hour for a student tutor and £20 for a professional tutor, into his PayPal/debt/credit account, every Friday for all tutoring done on the site for the 7 days prior.
3.4 A Tutor accepts that the rate and date of pay is subject to change at Home Tutoring’s discretion at any time.
3.5 A Tutor will not include identifying information such as telephone number, e-mail address, message services identifiers, voIP identifiers address, or any other contact information on the website.
3.6 A Tutor shall under no circumstances accept payment for tuition directly from a Tutee or indirectly from anyone other than Home Tutoring Online.
3.7 In responding to feedback of Tutees posted on the Website a Tutor shall not be personally abusive about a Tutee or his nominee.
3.8 A Tutor shall conduct himself suitably and responsibly when engaging in an online tutoring session on the Website with a Tutee.
3.9 A Tutor accepts full responsibility for all information published by him on the Website and shall indemnify Home Tutoring Online in relation to any liability incurred by them as a result of such information.
3.10 A Tutor shall not seek to recover from Home Tutoring Online any payment that has not been made by a Tutee
3.11 A Tutor hereby acknowledges that Home Tutoring is not liable to the Tutor for reimbursement of any fees paid pursuant to these Terms in the events of any cancellation of any Contract for any reason.
3.12 A Tutor acknowledges that he is not an employee of Home Tutoring Online and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated by a Contract.
3.13 A Tutor shall not seek to tutor independently a Tutee whose service he has obtained via Home Tutoring. Such action will lead to immediate termination of membership.
3.14 A Tutor accepts that a Tutee can cancel a session at any time without notice and without liability.
3.15 The Tutor undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.
3.16 The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.
3.17 The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Student.
3.18 The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.
4.1 A Tutee acknowledges that it is his responsibility to verify the credentials expertise and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract.
4.2 A Tutee shall indemnify Home Tutoring Online in relation to any liability arising from a Tutees use of the Website and all matters arising from such use.
4.3 A Tutee shall not include identifying information such as telephone number e-mail address message services identifiers voIP Identifiers address or any other contact information in messages posted by the Tutee on the Website or in messages sent to other Members.
4.4 A Tutee acknowledges that a Contract shall be completed upon completion of any single period of tuition lasting up to 15 minutes, and that the Tutee shall be liable to make electronic payment directly to Home Tutoring Online prior to the commencement of any tutoring session, at the rate specified on the website.
4.5 All prices are exclusive of VAT. A Tutee accepts Home Tutoring Online’s right to charge VAT thereon, at whatever time deemed necessary by Home Tutoring.
4.6 A Tutee must not publish any defamatory or derogatory comments concerning a Tutor on the Website or in any communications with other Members whether on the Website or through any other medium.
4.7 A Tutee acknowledges that Home Tutoring Online is not responsible for the performance of the Tutors obligations.
4.8 A Tutee must not solicit the independent tuition services of a Tutee whose service he has obtained via Home Tutoring Online. Such action will lead to immediate termination of membership.
4.9 A Tutee hereby confirms that he is not less than eighteen years of age.
4.10 A Tutee accepts that a Tutor can cancel a session at any time without notice and without liability.
5 Miscellaneous
5.1 Members acknowledge the right of Home Tutoring Online to restrict their access to the website for any period and if necessary permanently at the sole discretion of Home Tutoring Online and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.
5.2 The Members acknowledge that Home Tutoring Online may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
5.3 No Member 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.
5.4 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.
5.5 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
5.6 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.
5.7 Members acknowledge that Home Tutoring Online is not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
5.8 Members acknowledge that Home Tutoring Online gives no guarantee that the Website is free of viruses, worms or any other form of harmful components.
5.9 Home Tutoring Online does not guarantee to secure a Tutor for a Tutee.
5.10 Home Tutoring Online assumes no responsibility for examination entry which is the sole responsibility of the Tutee.
5.11 Home Tutoring Online accepts no responsibility for any grade received by a Tutee or any consequence that examination grades entail.
5.12 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 this agreement shall be limited to the price paid by the Member to Home Tutoring under a Contract.
5.13 All Members acknowledge the right of Home Tutoring Online at their discretion to vary the features of the Website and the Terms of use at anytime.
5.14 These Terms will be subject to English Law and the jurisdiction of English Courts