Terms of use

1. Introduction

This website www.keystagetutors.co.uk (“the Site”) is operated by Keystagetutors, which is the trading name of Emma Gardner of 31 Falstone Woking Surrey GU21 3HU. (“we” or “us”). By accessing or using the Site you will be deemed to have agreed to be legally bound by these terms and conditions (the “Terms of Use”). Please read them carefully as they contain vital information about your rights and obligations. If you do not wish to be bound by the Terms then please do not use the Site.
We may change the Terms of Use from time to time, so you must check them regularly. Your continued use of the Site will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, then do not use the Site.

 

2. Interpretation

In these Terms words importing the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa, and words importing persons shall include bodies, corporate, unincorporated associations and partnerships.

 

3. Nature of Site

3.1 The Site provides a forum (Q&A hub) whereby Tutees can seek assistance with schoolwork, homework or preparation for exams. There is also a chat facility available for tutees to communicate with tutors. The conversations via the chat facility and online classroom are monitored regularly to ensure Users are following the Terms of Use. The Site holds the details of Tutors who may be able to assist via a Lesson. It is the Tutee’s sole responsibility to evaluate the appropriate suitability of which Tutor they elect to engage. Once a Tutor is selected by the Tutee, a pre-paid Lesson will take place by way of the online classroom available to the Site.

3.2 We do not employ the Tutors. We do not act as agents for the tutors. We are not in partnership with the tutors. We provide via the site a facility whereby Tutees can find Tutors, arrange and hold Lessons.

3.3 We will use responsible efforts to ensure the Site is available at all times. However, we cannot guarantee that the Site or any individual feature or function of the Site will always be available and/or error free. In particular the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

3.4 In our sole discretion having regard to any adverse feedback about the Tutor or his feedback rating, we may suspend your Account.

3.5 The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

3.6 Your permission to use the Site is personal to you and non-transferable. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

3.6.1 use the Site for any fraudulent or unlawful purpose;

3.6.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicy;

3.6.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

3.6.4 interfere with or disrupt the operation of the Site or the servers or networks use to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

3.6.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

3.6.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

3.6.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

3.6.8 remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

3.6.9 frame or mirror any part of the Site without our express prior written consent;

3.6.10 create a database by systematically downloading and storing Site content;

3.6.11 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.

3.7 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

3.8 These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

 

4. Tutors’ Warranties

Each Tutors warrants to us and to all Users that:

4.1 he is at least eighteen years of age and has the necessary qualification or experience to provide the tuition in the subject(s) he offers in his profile on the Site;

4.2 he has provided to us accurate and up to date information about himself;

4.3 he has, undergone a CRB, DBS, Disclosure Scotland or Access Northern Ireland check (and will provide us with a copy of such upon request) and his name does not appear on either List99 or the PoCA list;

4.4 he is personally responsible for the information posted by him on the Site and shall indemnify us against all and any liability incurred as a result of any false, inaccurate, incomplete or misleading information provided about himself including any breach of copyright;

4.5 he will not provide to Users any identifying information including, but not limited to, phone number, e-mail address, postal address or web-site address;

4.6 he will not request from any User any information that could allow the User to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which he is a member;

4.7 he is not an employee of ours and is responsible for his own income tax, national insurance and other liabilities payable nor does he have an agency / principle, or partnership relationship with us;

4.8 he shall indemnify us against any and all losses, liabilities, costs, damages and expenses howsoever incurred by us in connection with his use of the Site and his breach of any of these Terms of Use;

4.9 no material used by him in the course of a Lesson will be offensive or defamatory and it will not infringe any UK laws (including laws relating to copyright);

4.10 he is wholly responsible for the appropriateness and the content of any video or other material that he provides as part of a Lesson;

4.11 he will participate fully and professionally in all applicable Lessons.

4.12 he will not stop or pause the recording of lesson.

4.13 he may at his discretion, at the end of a lesson, extend the lesson in intervals of five minutes with no expectation to be paid for the extended time.

 

5. Tutee Warranties

Each Tutee warrants to us and to all Users that:

5.1 he will not provide any User with any information that could allow him to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which he is a member;

5.2 he is responsible for assessing the suitability of a Tutor based on their profile;

5.3 his behaviour will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect; and

5.4 he is not less than eighteen years of age. Tutees of less than eighteen years of age can only participate with the involvement of a parent or guardian.

5.5 he acknowledges that he transfers all copyrights of any reviews he leaves about a Tutor used via this Site.

 

6. Payment

6.1 The Charges set out on the Site are determined by the Tutors and are specified as an hourly rate. The Charges are inclusive of any applicable VAT.

6.2 The cost of any lesson is calculated with reference to the amount the Tutor charges per hour.

6.3 Lessons can be booked up to an hour. The amount due is for the length of the lesson agreed upon between the Tutor and Tutee. The cost is calculated by multiplying the Tutors hourly rate by the length of lesson booked. The final cost is rounded to the nearest pence.

6.4 Tutees need to pay for Lessons in advance.

6.5 The minimum sum to open or top up an account is £10.00. Payment can only be made by credit card, debit card, or through Paypal. We do not accept cash or cheques.

6.6 We shall collect pre-payments from Tutees. The Tutee must make the payment for the required amount of the lesson before the lesson begins. Following the conclusion of a Lesson the Tutee or Site administrator can release payment to the Tutor. We will then transfer the amount of the lesson to the relevant Tutor’s account.

6.7 A Tutor must submit a payment request in order to transfer the balance shown in their account into their PayPal account (subject to Paypal’s prevailing fees). We shall pay the tutor on (or soon after) the first working day of the following month. We shall transfer payment to his Paypal account, so long as their balance exceeds £5.00. We will not issue a cheque nor will we make payment in cash. We will transfer to the relevant Tutor’s account a sum equal to 80% of the charge for the lesson.

6.8 A Tutee’s account will expire if unused for twelve months. After this time any funds in the account will expire.

6.9 If a tutee wishes to cancel their Account they may do so by written notice to us at any time. We will cancel the account within 48 hours of such notice. Within 21 days of receipt of such a notice of cancellation, we shall refund to the fund's source the unused balance of the account, less our administration fee of £10.

 

7. Procedure

7.1 A registered Tutee may post a question on-line. Any Tutor who is able to answer the question and who wishes to participate may contribute to the answer. The Tutee can then select a Tutor and commence a Lesson by way of the Online classroom available via our Site.

7.2 If the Tutee is unhappy with any Lesson he must report his concerns to us within 24 hours of the end of the Lesson. We shall then investigate these concerns and, if appropriate, arrange a refund. Our decision in this regard is final and binding. If a Tutee does not release the payment for his Lesson after 24 hours, the payment will be released by the site administrator, unless a concern has been raised. If a payment is released by the site administrator it will be non-refundable.

7.3 Tutees will be able to access on-line a video of the lesson undertaken, and see the amount standing to the credit of their account.

 

8. Modifications to and availability of the Site

8.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including access to it. Unless explicitly stated, any new features on the Site, including but not limited to the release of new services, shall be subject to the Terms.

8.2 Users must not attempt to interfere with the proper working of the Site and, in particular, users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.

8.3 We cannot guarantee the continued availability of any Tutor and accept no responsibility or liability for the withdrawal, removal or unavailability of any Tutor.

 

9. Applicability of Online Materials

The Site is controlled and operated by us from England. We make no representations that the Site or any content of it is appropriate or available for use in other countries. Those who visit the Site from other countries do so on their own initiative and at their own risk.

 

10. Linked Sites

We may provide hypertext links to other sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us. We make no representations whatsoever about any other sites which users may access through this Site or which may link to the Site. When a user accesses any other site he does so on the understanding that:


Any concerns regarding any external link should be directed to its respective site administrator or web master.

 

11. Registering and Online classroom rules

11.1 In order to participate in Lessons, Users will be required to register with us. Any personal information supplied to us as part of this registration process and/or any other interaction with us will be collected, stored and used in accordance with our Privacy Policy.

11.2 Users must register with a valid personal email address that they access regularly so that notification and moderation emails can be sent to them. If a user registers with someone else's email address, or with temporary email addresses then his registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to termination a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.

11.3 Users agree to use the Q&A hub, Chat facility and Online classroom in accordance with the following rules (“the Rules”):

11.4 Users may not use the Q&A hub, Chat facility and Online classroom to submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share only contributions which are their own original work. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

11.5 If a User fails to abide by the Rules (and any variations thereto) he will be sent an email which informs him why he has breached the Rules. This email will also include a warning that continuing to break the Rules may result in action being taken against him. This action may include the temporary or permanent suspension of his ability to participate in any Lesson.

If we consider such breach of the Rules to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.

 

12. Review

The Site uses a Tutor review system whereby a Tutee can give a Tutor a star rating ranging from 1 (poor) to 5 (excellent) and leave written feedback at the end of a lesson. We shall only publish the first name of a Tutee in connection with any review.

 

13. Q&A hub rules

13.1 Users can post their own questions and partake in public questions, by providing answers and joining in discussions, thereby sharing their knowledge and information.
13.2 Any User who shares information with others agrees to do so in accordance with the Rules set out at Clause 11.3 above, and in addition the following rules which shall be known as the "Q&A hub rules":

13.3 Users may not submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share contributions which are their own original work. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

13.4 If a User fails to abide by the Rules and the Q&A hub rules (and any variations thereto), or if a User persists in disrupting or annoying other Users he will be sent an email which informs him why his contribution has been refused or edited. This email will also include a warning that continuing to break the Rules may result in action being taken against him. This action may include any content posted by him being checked before it is allowed to go on the Site or a temporary or permanent suspension of his ability to participate in the website. If a User submits or shares offensive or inappropriate content or otherwise engages in any disruptive behaviour on the Site, and we consider such behaviour to be serious and/or repeated, we may use whatever information that is available to us about that User to stop any further such infringements. This may include informing relevant third parties such as the police, employer, school or email provider about the infringement. We reserve the right to delete any contribution, or take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.

13.5 If a User becomes aware of any behaviour by any other User which is in breach of the Rules or the Q&A hub rules, please bring this to our attention.

 

14. Disclaimers and Limitation of Liability

14.1 The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via the Site.

14.2 We are not responsible for the availability or content of any third party sites that are accessible through the Site. Any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.

14.3 The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services)), is provided "AS IS" and on an "AS AVAILABLE" basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by us for any errors, omissions or inaccurate content on the website.

14.4 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.

14.5 We do not warrant that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.

14.6 Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use the Site and that they are compatible with the Site. Users also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. Users are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.

14.7 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.

14.8 No warranty or representation express or implied is given in respect of any Tutor. We accept no liability for any loss, damage, cost, expenses or other claims for compensation arising from the introduction of a Tutor to another User. Neither do we accept liability for the failure of the Tutor to meet a User’s requirements.

 

15. General

15.1 We may assign or subcontract any or all of our rights and obligations under these Terms.

15.2 All notices shall be sent by e-mail. Notices are to be sent to us by Clicking Here We shall send notices to Users at the e-mail address provided to us during the registration process. Notices will be deemed received 24 hours after the e-mail is sent. If a User changes his e-mail address he must notify us immediately.

15.3 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

15.4 Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.

15.5 These Terms and the User’s use of the Site are governed by English law and both parties submit to the exclusive jurisdiction of the English courts.