TUTOR HUNT [] updated : Mar 2019  

TERMS AND CONDITIONS

Contained here are the Terms and Conditions which you must read and agree to before registering for the Tutor Hunt Website. Please take a time to read and understand the Terms and Conditions before registering for the Tutor Hunt Website. Existing members shall be informed of these Terms and Conditions once they login. Continued registration with Tutor Hunt is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time.

Please make sure that your email address we have stored for you is current and you can access it. You can update your email address within your Personal Info section once you sign in.

Definitions

1. The following expressions are given the following meanings:
(a) "Booking" means tuition lessons that are scheduled using the Tutor Hunt Website.
(b) Contract" means the agreement between the Tutor and the Tutee for the Tutor to perform tuition services for the Tutee or the Tutee's nominee.
(c) "Booking Tutor" means a Tutor who uses the Tutor Hunt Website to schedule tuition lessons and uses Tutor Hunt as an agent to collects payments on his behalf.
(d) "Complaint" means a claim by a Tutee that the service provided by a Tutor falls below the standards the tutee expected of a Booking Tutor.
(e) "Failed Payment" means an outstanding Lesson Fee, for which Tutor Hunt has been unable to make a successful charge against the payment details provided by the Tutee
(f) "Independent Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Tutor Hunt Website, with the intention of entering into a Contract.
(g) "Lesson Fee" is the combined hourly fee of the Tutor fee and the Website Fee.
(h) "Members" means Tutors and Tutees.
(i) "Subscription" means packages that are sold on Tutor Hunt Website and incur a recurring charge.
(j) "Tutee" means a person that uses the Tutor Hunt Website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's parent/guardian.
(k) "Tutor" means a Booking Tutor and an Independent Tutor.
(l) "Tutor Fee" is the hourly rate of the Booking Tutor.
(m) "Tutor Hunt Website" means the website operated by Tutor Hunt.
(n) "Website Fee" is the hourly fee of Tutor Hunt Website.

2. In these Terms-
(a) words importing the singular shall include the plural and vice versa; and
(b) words importing the masculine gender shall include the feminine gender and vice versa. General

General

3. All business undertaken by Tutor Hunt, a Tutor and/or a Tutee or his parent/guardian 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. Obligations of Tutor Hunt and related provisions

Obligations of Tutor Hunt and related provisions

4. The Tutor Hunt Website has been established to allow a Tutee to contact a Tutor and to allow a Tutee to view the Tutor's profile. The Tutor Hunt Website also allows a Booking Tutor to make a Booking with a Tutee.

5. Tutor Hunt will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutee on the Tutor Hunt Website.

6. Tutor Hunt is not responsible for appraising information on the Tutor Hunt Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Tutor Hunt can offer no guarantee that Members are who they say they are.

Tutor Duties

7. A Tutor warrants that -
(a) he is of at least eighteen years of age;
(b) he has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Tutor Hunt Website;
(c) his profile and subject information provided on the Tutor Hunt Website is up to date, accurate and truthful; and
(d) he has the legal right to work in the UK on a self-employed basis.

8. A Tutor must disclose any criminal convictions or cautions they may have to Tutor Hunt, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.

9. A Tutor who contacts a Tutee who is under the age of 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee.

10. A Tutor is responsible for the prices quoted for his services on the Tutor Hunt Website.

11. A Independent Tutor is responsible for collection of all fees due to a Tutor from a Tutee. Tutor Hunt is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Independent Tutor and a Tutee.

12. A tutor takes full responsibility for all information that he provides on the Tutor Hunt Website and must indemnify Tutor Hunt in relation to any liability incurred by Tutor Hunt as a result of such information.

13. A Tutor shall indemnify Tutor Hunt for all claims and liabilities arising out of any use by the Tutor of the Tutor Hunt Website, including any associated costs and expenses incurred, whether direct or indirect.

14. A Tutor must contact a Tutee through the Tutor Hunt Website. Any other means of communication is prohibited.

15. A Tutor must not be in any way be abusive about a Tutee or his nominee on the Tutor Hunt Website or any other place.

16. A Tutor is not an employee of Tutor Hunt and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Tutor Hunt Website.

17. All information provided by a Tutor on the Tutor Hunt Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the Tutor Hunt Website will be publicly visible and may appear in search engine results.

18. Use of the Tutor Hunt Website is entirely at a Tutor's own risk. A Tutor must exercise complete caution when using the Tutor Hunt Website and entering into any agreements to provide tutoring services to a Tutee.

19. A Tutor must not complete on behalf of the Tutee any coursework, essays, or other assignments.

20. A Tutor must not request any upfront fees. A Tutor must only accept payment for a single lesson at a time, to be paid at the completion of that lesson.

Bookings Tutors - Additional Duties

21. A Booking Tutor must book all lesson given to a Tutee found on Tutor Hunt website using the Tutor Hunt Website.

22. A Booking Tutor must not make any agreement with either a Tutee or any member of the Tutee's family or the Tutee's guardian which is intended to circumvent the relationship between Tutor Hunt and the Tutee and to benefit the Booking Tutor at Tutor Hunt's expense.

23. A Booking Tutor must not, during the period of any tutorial engagement with a Tutee and for a period of 6 months from the conclusion of the tutorial engagement, give any tuition services to that Tutee. If a Booking Tutor does provide tuition services to a Tutee in breach of this clause the Booking Tutor must pay Tutor Hunt a penalty fee of £350.00.

24. A Booking Tutor must not accept any payments directly from a Tutee.

25. Tutor Hunt has the right to withhold payments to tutors where we believe lessons are being booked outside the Tutor Hunt website. This may include tutors who have a very small number of booked lessons per student we have referred to them.

26. A Booking Tutor must only make bookings for lessons in agreement with a Tutee.

27. If a Booking Tutor makes a booking for a lesson which a Booking Tutor fails to deliver to a standard expected by a Tutee, the Booking Tutor will be liable to refund the Tutee the entire Tutor Fee for the lesson.

28. A Booking Tutor must allow at least 15 minutes from the scheduled start time of a lesson for the Tutee to attend the lesson. If a Booking Tutor fails to do so, the Booking Tutor will be liable to refund the Tutee the entire Tutor Fee for the lesson.

29. A Booking Tutor may cancel a booking three hours before the scheduled start time of a lesson by informing the Tutee directly and cancelling the booking on the Tutor Hunt Website.

30. A Booking Tutor must not take payment for a lesson that is cancelled by a Tutee more than 12 hours from the scheduled start time of the lesson.

31. A Booking Tutor agrees to take no payment or a reduced 50% of the Tutor Fee for a lesson that is cancelled on the Tutor Hunt Website by a Tutee less than 12 hours before the scheduled start time of the lesson.

32. A Booking Tutor has 48 hours to inform Tutor Hunt of his intention to dispute a Complaint. Should a Booking Tutor not dispute a Complaint within 48 hours of being notified, the Lesson Fee will be refunded the Tutee and the Tutor Fee will not be paid to the Booking Tutor.

33. If the Complaint is disputed by a Booking Tutor, Tutor Hunt reserve the right to hold the payment until the dispute is resolved. If a Booking Tutor cannot provide sufficient evidence against a Tutee's claim, the Tutee will be refunded the entire Lesson Fee and the Booking Tutor will not be paid the Tutor fee.

34. Tutor Hunt will not be liable to the Booking Tutor for any loss of earnings resulting from any failed payment. Tutor Hunt reserves the right to pay a Booking Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Tutor Hunt.

Tutee Duties

35. A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Tutor Hunt is not responsible for any disputes regarding parental consent or any problems that a Tutee or a patent/guardian has experienced with a Tutor.

36. A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. Tutor Hunt does not offer any guarantee that any information provided on the Tutor Hunt Website is accurate and correct.

37. A Tutee, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. Tutor Hunt is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Tutee.

38. A Tutee must contact a Tutor through the Tutor Hunt Website. Any other means of communication is prohibited.

39. A Tutee agrees not to use Tutor Hunt to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Tutor Hunt should contact us.

40. A Tutee cannot act as an agent to promote the services or opportunities of a company.

41. A Tutee must not publish any abusive comments about a Tutor or a Tutee on the Tutor Hunt Website or any other place. This include defamatory or derogatory comments.

42. Tutor Hunt is not responsible for examination entry; this is the sole responsibility of the Tutee.

43. A Tutee must not pay the Tutor for lessons in advance. Tutor Hunt are not liable for any financial loss that may occur as a result.

44. A Tutee must not request a tutor to complete coursework, essays, or other assignments for them.

45. To confirm the first lesson with a Booking Tutor, a Tutee must enter, or have already entered, valid payment details on Tutor Hunt Website.

46. When a Booking is made more than 24 hours in advance of the start time of the first lesson with a new Booking Tutor, a Tutee has up to 12 hours before the first lesson is due to commence to confirm the Booking.

47. When a Booking is made within 24 hours of the start time of the first lesson with a new Booking Tutor, a Tutee has up to 2 hours before the first lesson is due to commence to confirm the Booking.

48. A Tutee agrees not to make any agreement or arrangement with a Booking Tutor which is intended to circumvent the relationship between Tutor Hunt and a Booking Tutor. Also, the Tutee agrees that during the period of any tutorial engagement and for the period of 6 months' from the conclusion of the tutorial engagement the tutee will not book lessons directly with the Booking Tutor.

49. By confirming the first lesson with a Booking Tutor, the Tutee authorises the Booking Tutor and Tutor Hunt to make further Bookings on their behalf and authorises Tutor Hunt to take the entire Lesson Fee from the payment details provided. Further Bookings made by a Booking Tutor or Tutor Hunt on behalf of a Tutee after the first lesson will be confirmed automatically.

50. A Tutee authorises Tutor Hunt to charge his credit/debit card 24 hours after the scheduled end time of each lesson for the entire Lesson Fee for the relevant Booking.

51. When a Booking is confirmed, a Tutee enters directly into a contract with the Booking Tutor for the provision of lessons and Tutor Hunt accepts no liability in relation to the Booking Tutor's provision of lessons.

52. When a confirmed Booking exists, a Tutee must ensure that he has a valid debit/credit card registered on Tutor Hunt Website, with sufficient funds to cover the Booking.

53. A Tutee must ensure that he has given enough information to the Booking Tutor, including his correct address, to allow the lesson to take place. If a lesson is to take place at the Tutee's home, the Tutee must ensure a suitable setting for the lesson.

54. A Tutee must use his own judgement about the services of Booking Tutors detailed on the Website. Tutees are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Booking Tutor with whom they confirm a Booking.

55. A Tutee is responsible for checking that Bookings made by a Booking Tutor or Tutor Hunt on their behalf are done so correctly and understand they will be informed of these lessons by Tutor Hunt via email.

56. If a Tutee cancels a lesson less than 12 hours before the lesson is due to commence, payment may be taken less than 24 hours after the lesson is due to end.

57. If a lesson does not take place because a Tutee does not attend, or if the Tutee cancels the lesson with less than two hours notice, the Tutee will be charged the full Lesson Fee.

58. A Tutee may cancel a lesson at any point before the scheduled start time of the lesson. Cancellations made more than 12 hours before a lesson is due to commence will incur no charge. Bookings cancelled by a Tutee less than 12 hours before a Lesson is due to commence will incur a charge of 50% of the Lesson Fee. However, if a Tutee cancels a lesson less than 2 hours before the scheduled start time of a lesson the full Lesson Fee must be paid.

59. A Tutee must cancel a lesson by cancelling the relevant Lesson on the Tutor Hunt Website. Cancellations made outside Tutor Hunt Website may result in a full Lesson Fee being charged to the Tutee.

60. A Tutee should inform Tutor Hunt of a Complaint by either phone or email within 48 hours of the scheduled finish time of the relevant lesson. The Tutee will be charged the entire Lesson Lee and Tutor Hunt will hold the payment until the dispute is resolved.

61. In the case of a Failed Payment still being outstanding 48 hours after the scheduled end of the relevant lesson the Tutee authorises Tutor Hunt to automatically retry the charge.

62. If a Tutee has an outstanding Failed Payment for over 48 hours then all future lessons will be cancelled.

63. Tutor Hunt may continue to seek payment to cover Failed Payments from the Tutee for ninety days following the scheduled end of the relevant Lesson, by contacting the Tutee by email, SMS and Phone.

64. A Tutee accept that Tutor Hunt reserves the right to pass bad debts for the entire lesson to third party debt collection service and acknowledge that their credit rating may be affected.

Member Duties

65. Members must not use the Tutor Hunt Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.

66. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.

67. Members must not post material to the Tutor Hunt Website in which the copyright or intellectual property is or may be the property of another person or body.

68. Members agree to manage their Subscription charges using Tutor Hunt Website. If a member cancels their subscription, they will not receive a refund of any fees already paid.

69. Tutor Hunt reserve the right to accept or refuse subscriptions. Members must not transfer or assign their subscription or any other Plan to another account.

70. A member authorises Tutor Hunt to charge his credit/debit card for Subscription charges on the subscription renewal date.

Liability, Indemnity and other provisions

71. Tutor Hunt has no control over or responsibility for the truth or accuracy of any material available on the Tutor Hunt Website, whether provided by Members or others. Third party websites may appear on the Tutor Hunt Website. Tutor Hunt does not endorse or have any responsibility for the site in question or anything which appears on it.

72. Tutor Hunt is not and cannot be responsible for the behavior of Members, whether on the Tutor Hunt Website or outside of it. Tutor Hunt only provide a service for a Tutor and Tutee to be introduced. Tutor Hunt does not pre-screen or monitor the material contributed by Members.

73. Tutor Hunt 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 Tutor Hunt Website including loss of data or information or any kind of financial or physical loss or damage.

74. Members agree to indemnify Tutor Hunt against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Tutor Hunt Website.

75. Tutor Hunt does not guarantee that a Tutor will be secured to meet the Tutee's needs.

76. Tutor Hunt is not responsible for any grade received by a Tutee or any consequence that examination grades entails.

Intellectual Property

77. The code, brand and intellectual property of the Tutor Hunt Website cannot be reused without Tutor Hunt's consent. All copyright, trade marks, and other intellectual property rights in and relating to the Tutor Hunt Website (including the material which is contributed by Members) are owned by Tutor Hunt. It is prohibited to copy, distribute, show in public or create any derivative work from the Tutor Hunt Website, or any of the material which is found on the Tutor Hunt Website without the consent of Tutor Hunt. Please see our Copyright Notice, which forms part of these Terms and Conditions.

78. By submitting any material to the content to the Tutor Hunt Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Tutor Hunt a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Tutor Hunt to adapt the relevant material and you waive the right to be identified as the author of the material in question.

Miscellaneous provisions

79. Tutor Hunt reserves the right to withdraw or modify aspects of the Tutor Hunt Website, or the entirety of it.

80. Tutor Hunt reserves the right to suspend or terminate a Member's access to the Tutor Hunt Website, or parts of it. Tutor Hunt reserves the right to remove, or require the Member to remove, material posted on the Tutor Hunt Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Tutor Hunt Website without prior consent from Tutor Hunt.

81. The open-access nature of the Tutor Hunt Website means that Tutor Hunt cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.

82. Tutor Hunt reserves the right to withdraw any material on the Tutor Hunt Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Tutor Hunt Website into disrepute. Tutor Hunt does not generally monitor material which appears on the Tutor Hunt Website and Tutor Hunt is reliant upon Members to notify Tutor Hunt of anything Member's see here which appears likely to breach these Terms and Conditions.

83. Tutor Hunt may, at their sole discretion, vary the features of the Tutor Hunt Website and the Terms of use at anytime.

84. Tutor Hunt may restrict access to the Tutor Hunt Website for any period and if necessary permanently at the sole discretion of Tutor Hunt. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.

85. Tutor Hunt may monitor postings to the Tutor Hunt Website and communications through the Tutor Hunt Website and have the right to delete and/or block such postings or communications at their sole discretion.

86. Tutor Hunt give no guarantee that the Tutor Hunt Website is free of viruses worms or any other form of harmful components.

87. The distance data supplied on the Tutor Hunt website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so Tutor Hunt can not guarantee that the data supplied on distances between postcodes is accurate.

88. Tutor Hunt may contact its members by the details we have stored on their account, this could include by email and phone.

89. Tutor Hunt may use data for statistical analysis and may provide this to interested third parties.

90. Privacy Policy (which can be found on the Tutor Hunt home page). Tutor Hunt's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Tutor Hunt Website (including any which contain personal information) is, of course, accessible to internet users around the world.

91. Entire Terms and Conditions. These Terms and Conditions include Tutor Hunt's Privacy Policy and copyright notice. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.

92. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.

93. English Law and the jurisdiction of English Courts applies to these terms.