Terms & Conditions

Introduction

This website Tutor Class (“Tutor Class”) is operated by Tariq Dar at: Hayes Tuition, 52 Coldharbour Lane. Hayes, UB3 3EP.

By using any of the Services and the Site, You expressly agree to be bound by this Licence and all applicable laws and regulations governing the Site and its Services. The Licence forms a legally binding agreement between You and Tutor Class in relation to Your use of the Site and/ or the Services and applies to all users of the Services whether registered or not on the Site and who may also be contributors of UGC (user generated content) posted on the Site.

You should read the Licence carefully. If you disagree with any part of the Licence, do not use the Site.

Tutor Class reserves the right to change the terms of this Licence at any time without notice, effective immediately upon posting on the Site.

Interpretation

"Payment" means the amount payable by the Student to Tutor Class on behalf of a Tutor in respect of a Lesson.

"Student" means a person registered with Tutor Class for the purpose of participating in a Lesson with a Tutor, whether that be the Student and/or (if under eighteen), the Student's parent/guardian.

"Tutor" means a person registered with Tutor Class for the purpose of offering tuition services.

"Lesson" means a one-to-one lesson between Tutor and Student conducted via the online classroom facility available on the Tutor Class website.

"User" means a Tutor, a Student or anyone using the Tutor Class website.

"Online Lesson" means a secure and private in-browser video, text, whiteboard and file upload facility.

In these Terms and Conditions words importing the masculine shall include feminine and singular shall include plural and vice versa.

Tutors’ Warranties

All Tutor(s) hereby warrants to us and to all Users that:

  1. he is over eighteen (18) years of age and has the qualifications and experience to provide tuition in the subject(s) he offers in his profile on the Site.
  2. the information he has provided about himself is accurate and up to date.
  3. Where his profile claims that he has undergone a CRB/ DBS or enhanced CRB/ DBS check, he will provide us with a copy of such upon request; and his name does not appear on the PoCA or List 99 list.
  4. he is personally liable for any information posted by him on the Site and shall indemnify Tutor Class against all and any liability incurred as a result of any false, inaccurate, incomplete or misleading information provided about himself.
  5. he will only communicate with other users through the Tutor Class website and will not provide to Users any identifying information including, but not limited to, phone number, e-mail address, postal address, web-site address, social media address.
  6. he confirms that he is self-employed under these Tutor Terms, and he is directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions.
  7. he hereby agrees to fully indemnify Tutor Class for or against all and any demands by HMRC to Tutor Class for Income Tax, VAT or National Insurance, or any other claim by HMRC, including any interest or penalties, arising out of his failure to account properly or at all for any liabilities to HRMC arising from his Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by Tutor Class in dealing with any such claim by HMRC.
  8. he shall indemnify Tutor Class against any damages and/or losses, liabilities, costs howsoever incurred by us in connection with his use of the Site in relation to his breach of any of these Terms.
  9. he will not use any material during the course of a Lesson that is offensive or defamatory and it will not infringe any UK laws (including laws relating to copyright).
  10. he is wholly responsible for the appropriateness and the content of any material that he provides as part of a Lesson. 
  11. he will participate fully and professionally in all Lessons.
  12. he authorises Tutor Class to accept any credit or debit card payments on his behalf in connection with the provision of Online Lessons.
  13. he will conduct an initial unpaid fifteen (15) minute (minimum) Meet The Tutor Session via the Site with all new students introduced to You via Tutor Class.
  14. he assumes responsibility for his role as Tutor and for the provision of Tutoring Services to the student which includes the preparation and content of Online Lessons.
  15. he accepts full responsibility for any student disputes raised as a result of issues connected to his performance while providing an Online Lesson.
  16. he agrees to refund the student all or part of the fees paid if so instructed to do so by Tutor Class (whose decision will be final and binding). The Tutor shall be responsible for all chargebacks and/or refund requests on Online Lessons performed and shall indemnify Tutor Class against all Losses resulting from chargebacks and/or refund requests.
  17. he agrees to cooperate fully with Tutor Class in resolving any Dispute with a Tutor Class student.
  18. he acknowledges that all Online Lessons he delivers will be recorded and he agrees to the storage and use of such Recordings by Tutor Class. He hereby agrees to waive any and all moral rights in and to all UGC.
  19. he agrees to open a Stripe account and link it to the Tutor Class account for receiving payments.
  20. he will register with a valid personal email address that he accesses regularly so that notification and moderation emails can be sent to him. If a user registers with someone else's email address, or with temporary email addresses then his registration may be terminated without notice.
  21. he will be responsible for ensuring that his computer equipment and online connection meet the required specifications to carry out Online Lessons.
  22. he will refund 100% of a Student's fees if the Student cancels a lesson up to 48 hours prior to the start of the scheduled Online Lesson.
  23. if he cancels an Online Lesson at any time prior to the scheduled start time he will refund 100% of the Fees

Student Warranties

Each Student hereby warrants to us and to all Users that:

  1. he will only communicate with other users through the Tutor Class website and will not provide to Users any identifying information including, but not limited to, phone number, e-mail address, postal address, website address and social media address.
  2. he is responsible for assessing the suitability of a Tutor based on their profile and/or Meet-The-Tutor Session.
  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.
  4. he acknowledges that all Online Lessons that he receives will be recorded and he agrees to the storage and use of such Recordings by Tutor Class. He hereby agrees to waive any and all moral rights in and to all UGC.
  5. if he is of less than eighteen (18) years of age for reasons of security and fee payments, a parent or guardian will register and link their account to the student.
  6. he will register with a valid personal email address that he accesses regularly so that notification and moderation emails can be sent to him. If a user registers with someone else's email address, or with temporary email addresses then his registration may be terminated without notice.
  7. he will treat the Tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the Online Lessons.
  8. he will be responsible for ensuring that his computer equipment and online connection meet the required specifications to participate in Online Lessons.

Payments

  1. The fees charged by Tutors are determined by each individual Tutor. All payments are calculated on an hourly basis. The fees are inclusive of any applicable VAT.
  2. All Online Lessons are to be paid for in advance.
  3. Each Online Lessons will be of 60 minute duration. No refunds will be issued for partly taken lessons.
  4. When an Online Lessons is booked and paid for, Tutor Class will forward the payment to the Tutor's Stripe account minus credit/debit card transaction fees and the Tutor Class commission.
  5. If the student is unhappy with regards to the Lesson or has any dispute with the Tutor, he must report his concerns to Tutor Class within 72 hours of the end of the Lesson. We will investigate these concerns seriously and, if appropriate, arrange a refund. Our decision in this regard is final and binding.
  6. The student is entitled to cancel an Online Lesson and request a refund up to 48 hours before the scheduled Online Lesson minus any transaction fees charged by Stripe. 
  7. If the student cancels less then 48 hours before a scheduled lesson, he will forfeit 100% of the fees.
  8. if a scheduled lesson is cancelled by the tutor, the student will be entitled to a 100% refund.
  9. all cancellations must be made in writing by email.

General

  1. Tutor Class reserves 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.
  2. We aim to make the Tutor Class website available at all times but cannot guarantee that it will operate continuously or without interruptions nor that it will be free from technical problems. User(s) must not attempt to interfere with the proper working of the Tutor Class site and, in particular, User(s) 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.
  3. Tutor Class cannot guarantee the continued availability of any Tutor and accept no responsibility or liability for the withdrawal, removal or unavailability of the same.
  4. The Tutor Class website is controlled and operated by us from our offices in England. We make no representations that the Site or any its content 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.
  5. As an online service, Tutor Class may periodically be unavailable as we perform regular (and emergency) maintenance and upgrades. Tutor Class makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the Tutor Class Services.

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 User(s) 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:

  1. it is independent from this online facility and that we have no control over the content or availability of that site.
  2. a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site. 
  3. we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  4. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

LAW AND JURISDICTION

All of these Tutor Terms and Conditions are governed by English Law and any disputes arising in relation to the Tutor Terms, the Site or the Services are subject to the exclusive jurisdiction of the English Courts.

These Terms and Conditions were last updated on 9 June 2016.