Terms and conditions
This website tutorhub.com (“the Site”) is operated by Tutorhub ltd (a company registered in England under number 06384211) (“we” or “us”). By accessing or using the Site you agree to be legally bound by these terms and conditions (the “Terms”), which shall take effect immediately on your first use of the Site. Please read them carefully they contain important 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 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. If you do not agree to the changes, then do not use the Site.
- “Charge” means the amount payable by the Tutee to us in respect of a Lesson;
- “Tutee” means a person using the Site for the purpose of participating in a Lesson with a Tutor;
- “Tutor” means a person using the Site for the purpose of offering tuition services;
- “Lesson” means a one-to-one lesson between Tutor and Tutee conducted via the online classroom facility available on our Site; and.
- “User” means a Tutor, a Tutee or anyone using the Site.
- “Online classroom” means a secure and private in-browser video, text, whiteboard and file upload facility.
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.
Nature of Site
The Site provides a forum (Q&A hub) whereby Tutees can seek assistance with schoolwork, homework or preparation for exams. The Site holds the details of Tutors who might be able to assist via a Lesson. It is solely the Tutee’s responsibility to evaluate which Tutor is suitable. Once a Tutor is selected by the Tutee, a pre-paid Lesson will take place by way of the online classroom available on the Site.
We do not act as agents for the Tutors. We merely provide a facility whereby Tutees can find Tutors and hold Lessons.
Each of the Tutors hereby 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;
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;
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;
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; and
4.11 he will participate fully and professionally in all applicable Lessons.
Each of the Tutees hereby 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.
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 number of complete minutes used. The amount due is calculated as the Lesson is in progress. If there are insufficient funds to enable the Lesson to continue the Lesson will be paused. The Tutee will be charged for the amount of time taken.
6.3 If a Lesson lasts for less than one minute no charge will be made.
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, through Paypal or WorldPay. We are unable to accept cash or cheques.
6.6 We shall collect pre-payments from Tutees. Following the conclusion of a Lesson we shall deduct the amount chargeable in respect of the Lesson from the Tutee’s account. We will then transfer to the relevant Tutor’s account a sum equal to 75% of this charge and provide the Tutor with a statement illustrating this.
6.7 Following completion of the lesson, 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.
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 an administration fee of £10.
7.1 Provided a Tutee has sufficient credit in his account (in accordance with clause 6 above) he 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. Once the Lesson is complete it is ended by either the Tutor or the Tutee and the Tutee’s account will be debited accordingly.
7.2 If the Tutor acknowledges that he is unable to answer the question asked of him, then the cost of the Lesson will be refunded to the Tutee’s account.
7.3 If the Tutee is unhappy with any Lesson he must report his concerns to us within 72 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.
7.4 All Tutees will be able to access on-line a record of the length of any Lesson undertaken, and see the amount standing to the credit of their account.
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 We aim to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error free. 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 the same.
Applicability of Online Materials
The Site is controlled and operated by us from our offices in 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.
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:
- it is independent from this Site and that we have no control over the content or availability of that site;
- 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; and
- 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.
Any concerns regarding any external link should be directed to its respective site administrator or web master.
Registering and Online classroom rules
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 and Online classroom in accordance with the following rules (“the Rules”):
- Self setup: Users must configure their own computer in order for video, collaborative whiteboard and file sharing facilities to operate. Tutorhub does not provide support facilities to resolve issues such as firewalls and system / virus scanning permissions.
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- No spamming or off-topic material: discussions should be relevant to the topic in hand and must not include unsolicited promotional material.
- No advertising or promoting: we do not allow advertising, promotions nor the posting of other web site addresses.
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
11.4 Users may not use the Q&A hub 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.
Q&A hub rules
12.1 Users can post their own questions and partake in public questions, by providing answers and joining in discussions, thereby sharing their knowledge and information.
12.2 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":
- Contributions must be civil and tasteful.
- No selfish behavior: Users must conduct themselves in a way that does not infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Site.
- Be patient: Users of all ages and abilities may be taking part in.
- Contributions containing languages other than English may be removed: in order to ensure compliance with the Rules and the Q&A hub rules, we require all submissions to be made in English.
12.3 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.
12.4 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 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 engage 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.
12.5 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.
Disclaimers and Limitation of Liability
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 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.
13.8 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.
14.1 We may assign or subcontract any or all of our rights and obligations under these Terms.
14.2 All notices shall be sent by e-mail. Notices are to be sent to us at firstname.lastname@example.org. 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.
14.3 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.
14.4 Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
14.5 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.