TERMS AND CONDITIONS

Contained here are the Terms and Conditions which you must read and agree to before registering for the My Qualified Tutor Website. Please take a time to read and understand the Terms and Conditions before registering for the My Qualified Tutor Website. Existing members shall be informed of these Terms and Conditions once they login. Continued registration with My Qualified Tutor 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 Profile once you sign in.

Definitions

1. The following expressions are given the following meanings:

(a) “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.

(b) “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.

(c) “Failed Payment” means an outstanding Lesson Fee, for which a tutor has been unable to make a successful charge against the payment details provided by the Tutee

(d) “Independent Tutor” means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the My Qualified Tutor Website, with the intention of entering into a Contract.

(e) “Lesson Fee” is the hourly fee of the Tutor fee.

(f) “Members” means Tutors and Tutees.

(g) “Subscription” means packages that are sold on My Qualified Tutor Website and incur a recurring charge.

(h) “Tutee” means a person that uses the My Qualified Tutor 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.

(i) “Tutor” means a Booking Tutor and an Independent Tutor.

(j) “Tutor Fee” is the hourly rate of the Booking Tutor.

(k) “My Qualified Tutor Website” means the website operated by My Qualified Tutor.

(l) “Session” is a period of online or in person tutoring, delivered by a tutor to a tutee.

(m) “Lesson” is a period of online or in person tutoring, delivered by a tutor to a tutee.

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 My Qualified Tutor, 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 My Qualified Tutor and related provisions

Obligations of My Qualified Tutor and related provisions

4. The My Qualified Tutor Website has been established to allow a Tutee to contact a Tutor and to allow a Tutee to view the Tutor’s profile.
5. My Qualified Tutor 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 My Qualified Tutor Website.
6. My Qualified Tutor is not responsible for appraising information on the My Qualified Tutor 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, My Qualified Tutor can offer no guarantee that Members are who they say they are.

Tutors

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 My Qualified Tutor Website;

(c) his profile and subject information provided on the My Qualified Tutor Website is up to date, accurate and truthful; and all identification documents, TRN number and DBS are up to date and accurate. 

(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 My Qualified Tutor, 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 My Qualified Tutor Website.
11. A Tutor is responsible for collection of all fees due to a Tutor from a Tutee. My Qualified Tutor 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 Tutor and a Tutee.
12. A tutor takes full responsibility for all information that he provides on the My Qualified Tutor Website and must indemnify My Qualified Tutor in relation to any liability incurred by My Qualified Tutor as a result of such information.
13. A Tutor shall indemnify My Qualified Tutor for all claims and liabilities arising out of any use by the Tutor of the My Qualified Tutor Website, including any associated costs and expenses incurred, whether direct or indirect.
14. A Tutor must contact a Tutee through the My Qualified Tutor 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 My Qualified Tutor Website or any other place.
16. A Tutor accepts that My Qualified Tutor 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.
17. A Tutor is not an employee of My Qualified Tutor and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the My Qualified Tutor Website.
18. All information provided by a Tutor on the My Qualified Tutor 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 My Qualified Tutor Website will be publicly visible and may appear in search engine results.
19. Use of the My Qualified Tutor Website is entirely at a Tutor’s own risk. A Tutor must exercise complete caution when using the My Qualified Tutor Website and entering into any agreements to provide tutoring services to a Tutee.
20. A Tutor must not complete on behalf of the Tutee any coursework, essays, or other assignments.
21. 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.
22. If a 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.
23. A Tutor may cancel a booking three hours before the scheduled start time of a lesson by informing the Tutee directly.
24. A Tutor must not take payment for a lesson that is cancelled by a Tutee more than 18 hours from the scheduled start time of the lesson.
25. A Tutor has 72 hours to inform My Qualified Tutor of his intention to dispute a Complaint. 
26. My Qualified Tutor will not be liable to the Tutor for any loss of earnings resulting from any failed payment. 
27. My Qualified Tutor takes no responsibility in acquiring any fees from a Tutor owed to a Tutee.

Tutees

27. 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. My Qualified Tutor is not responsible for any disputes regarding parental consent or any problems that a Tutee or a patent/guardian has experienced with a Tutor.
28. A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB/DBS checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. My Qualified Tutor does not offer any guarantee that any information provided on the My Qualified Tutor Website is accurate and correct.
29. A Tutee, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. My Qualified Tutor 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.
30. A Tutee must contact a Tutor through the My Qualified Tutor Website. Any other means of communication is prohibited.
31. A Tutee agrees not to use My Qualified Tutor 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 My Qualified Tutor should contact us.
32. A Tutee cannot act as an agent to promote the services or opportunities of a company.
33. A Tutee must not publish any abusive comments about a Tutor or a Tutee on the My Qualified Tutor Website or any other place. This include defamatory or derogatory comments.
34. My Qualified Tutor is not responsible for examination entry; this is the sole responsibility of the Tutee.
35. A Tutee must not pay the Tutor for lessons in advance. My Qualified Tutor are not liable for any financial loss that may occur as a result.
36. A Tutee must not request a tutor to complete coursework, essays, or other assignments for them.
37. When a Session is booked more than 24 hours in advance of the start time of the first session with a new Tutor, a Tutee has up to 12 hours before the first lesson is due to commence to confirm the Booking.
38. When a Session is confirmed, a Tutee enters directly into a contract with the Tutor for the provision of lessons and My Qualified Tutor accepts no liability in relation to the Tutor’s provision of lessons.
39. A Tutee must ensure that he has given enough information to the 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.
40. A Tutee must use his own judgement about the services of Tutors detailed on the Website. Tutees are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a Session
41. If a Tutee cancels a lesson less than 6 hours before the lesson is due to commence, payment will be dependent on the contract between the tutor and tutee. 
42. 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.
43. A Tutee must cancel a lesson by contacting the Tutor through the My Qualified Tutor website. 
44. A Tutee should inform My Qualified Tutor of a Complaint by email within 48 hours of the scheduled finish time of the relevant lesson. The Tutee will be charged the entire Lesson Fee.
45. If a Tutee has an outstanding or Failed Payment for over 48 hours then My Qualified Tutor reserve the right to suspend or delete the relevant account.
46. A Tutee accepts that My Qualified Tutor 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.

Members

47. Members must not use the My Qualified Tutor 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.
48. 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.
49. Members must not post material to the My Qualified Tutor Website in which the copyright or intellectual property is or may be the property of another person or body.

Liability, Indemnity and other provisions

50. My Qualified Tutor has no control over or responsibility for the truth or accuracy of any material available on the My Qualified Tutor Website, whether provided by Members or others. Third party websites may appear on the My Qualified Tutor Website. My Qualified Tutor does not endorse or have any responsibility for the site in question or anything which appears on it.
51. My Qualified Tutor is not and cannot be responsible for the behavior of Members, whether on the My Qualified Tutor Website or outside of it. My Qualified Tutor only provide a service for a Tutor and Tutee to be introduced. My Qualified Tutor does not pre-screen or monitor the material contributed by Members.
52. My Qualified Tutor 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 My Qualified Tutor Website including loss of data or information or any kind of financial or physical loss or damage.
53. Members agree to indemnify My Qualified Tutor against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the My Qualified Tutor Website.
54. My Qualified Tutor does not guarantee that a Tutor will be secured to meet the Tutee’s needs.
55. My Qualified Tutor is not responsible for any grade received by a Tutee or any consequence that examination grades entails.

Intellectual Property

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

(a) are representing that you are fully entitled to do so;

(b) grant My Qualified Tutor 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 My Qualified Tutor to adapt the relevant material and you waive the right to be identified as the author of the material in question.

Miscellaneous provisions

58. My Qualified Tutor reserves the right to withdraw or modify aspects of the My Qualified Tutor Website, or the entirety of it.
59. My Qualified Tutor reserves the right to suspend or terminate a Member’s access to the My Qualified Tutor Website, or parts of it. My Qualified Tutor reserves the right to remove, or require the Member to remove, material posted on the My Qualified Tutor Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the My Qualified Tutor Website without prior consent from My Qualified Tutor.
60. The open-access nature of the My Qualified Tutor Website means that My Qualified Tutor 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.
61. My Qualified Tutor reserves the right to withdraw any material on the My Qualified Tutor 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 My Qualified Tutor Website into disrepute. My Qualified Tutor does not generally monitor material which appears on the My Qualified Tutor Website and My Qualified Tutor is reliant upon Members to notify My Qualified Tutor of anything Member’s see here which appears likely to breach these Terms and Conditions.
62. My Qualified Tutor may, at their sole discretion, vary the features of the My Qualified Tutor Website and the Terms of use at anytime.
63. My Qualified Tutor may, at their sole discretion, vary the features of the Terms and Conditions. All changes will be communicated to all parties using the email provided during the signup process. Receipt of this will act as contractual acceptance of the changes to the terms. 
64. My Qualified Tutor may restrict access to the My Qualified Tutor Website for any period and if necessary permanently at the sole discretion of My Qualified Tutor. 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.
65. My Qualified Tutor may monitor postings to the My Qualified Tutor Website and communications through the My Qualified Tutor Website and have the right to delete and/or block such postings or communications at their sole discretion.
66. My Qualified Tutor give no guarantee that the My Qualified Tutor Website is free of viruses worms or any other form of harmful components.
67. The distance data supplied on the My Qualified Tutor website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so My Qualified Tutor can not guarantee that the data supplied on distances between postcodes is accurate.
68. My Qualified Tutor may contact its members by the details we have stored on their account, this could include by email and phone.
69. My Qualified Tutor may use data for statistical analysis and may provide this to interested third parties.
70. Privacy Policy (which can be found on the My Qualified Tutor home page). My Qualified Tutor’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 My Qualified Tutor Website (including any which contain personal information) is, of course, accessible to internet users around the world.
71. Entire Terms and Conditions. These Terms and Conditions include My Qualified Tutor’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.
72. 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.
73. English Law and the jurisdiction of English Courts applies to these terms.