TUTOR TERMS AND CONDITIONS
- The Platform
1.1 We appreciate your use of the service provided by us. Please read these terms and conditions (the “Terms”) as they govern your use of our website, www.educ8all.com (the “Website”). In these Terms, you will be referred to as “you” or the “Tutor”.
1.2 The term “we” means EDUC8ALL LTD, the owner and operator of the Platform, whose registered office is 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX and whose company registration number is 11488822 (“us” and “our” will be construed accordingly).
1.4 We may vary the Terms from time to time and shall post such alterations on the Platform. If you do not agree to the changes made to the Terms, then you have the right to stop using the Platform, and should do so immediately. Your continued use of the Platform after the date the changes have been posted will constitute acceptance of the amended Terms.
1.5 You may register for a Tutor’s account with our Platform by completing and submitting the account registration form on our Platform.
1.6 You warrant that you that you have all necessary authorisation, licences and liability insurance required to provide the services which you offer through the Platform.
1.7 You warrant that all information you provide whether on the Platform or direct to a Student will be true and fair and not misleading.
1.8 You agree to perform all work with all due professionalism, care and respect, and to follow all relevant guidelines and rules of conduct and procedures which educ8all may require.
“Student” means the student that wishes to engage you to provide your services introduced to you through the Platform.
“Contract” means a contract to provide Tutor services to a Student introduced through the Platform.
“Tutor Fee” means the fee received by the Tutor for the services carried out under a Contract.
The “Platform” consists of the Website and the content and services we make available through it.
- Tutoring Services
3.1 The Platform allows Tutors to offer their services to prospective Students. Subject to the terms of clause 8.2, we do not charge you any fees for registering and offering your services through the Platform. We only charge you when you receive payment for your services, as described further below.
3.2 You confirm that you will not offer any products or services which you make available through the Platform at a lower cost anywhere else.
3.3 You can register by completing the registration forms on our Platform. By registering with us, you are confirming that all the information provided by you, including your identity and qualifications are true and correct and not misleading.
3.4 Once you have registered, we will list your services on our Platform and Students will be able to contact you through the Platform to receive tutoring services. If you upload any content to the Platform, it must comply with these Terms and the User Content terms set out in our Website Terms & Conditions. You are aware that we may delete such content at any time and you will therefore keep you own backup copies of any such content you may require.
3.5 If you wish to provide services to a Student you can confirm the terms of that engagement through the Platform. A binding contract will then be in place for you to perform the Contract under the terms you have agreed.
3.6 Should any terms of your Contract change at any time (for example, the start date or length of the engagement, or fees) you will need to agree any changes with the Student through messaging on the Platform.
3.7 The Student will be required to pay the Tutor Fee through the Platform at the time of agreeing the Contract. We will hold the Tutor Fee for a period of 14 days (to enable the Student to exercise its statutory right to cancel). On the first working day of each calendar month, we will make a reconciliation of all amounts falling due to the Tutor (which means fees which have been held by us for 14 days) during the prior calendar month. We shall deduct the educ8all Fee (details of which will be made available on the Platform) which is due on such payments and then pay the balance to you within 7 days.
3.8 In the event of any dispute in relation to the performance of any Contract, you should take the matter up directly with the Student. We may at our entire discretion agree to assist in any dispute, but we have no obligation to do so.
3.9 All communications relating to the Contract should be made through the Platform and all payment of any sums passing between the Student and the Tutor must take place only through the Platform. Tutors should ensure that they respond to all requests for tuition by Students within 24 hours of receiving such request.
3.10 If you become aware that you are in contact with a Student who is under the age of 18, you should request confirmation that the Student has obtained the consent of its parents or guardian.
3.11 All information provided by a Tutor on the educ8all Platform must be accurate and kept up-to-date. This includes providing a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the educ8all Platform will be publicly visible and may appear in search engine results.
3.12 A Tutor must not complete on behalf of the Student any coursework, essays, or other assignments.
Cancellation Policy for Tutorials
3.13 Tutors are responsible for updating their availability for tuition as advertised on the educ8all platform.
3.14 With respect to Tutorials that are expected have more than one Student in attendance, tutorials will take place if at least one Student is in attendance.
3.15 Tutorials may only be cancelled by (i) all participating Students collectively or (ii) the Tutor a minimum of 48 hours prior to the arranged tutorial start time. If an alternative date is agreed by the Tutor and all participating Students, the tutorial will be rescheduled to such date at no cost. If no alternative date is agreed, the tutorial will be cancelled and the Student(s) will be entitled to a refund. If a Student has paid for more than one tutorial, the refund due to the Student shall be the applicable pro rata portion of the amount paid.
3.16 If a tutorial is cancelled by all participating Student(s) within 48 hours of the tutorial start time, and the tutorial is not rescheduled, the Student(s) will be liable for and the Tutor may request 50% of the full payment for that tutorial.
3.17 If the Tutor cancels within 48 hours of the tutorial start time, and no rescheduled date is agreed, the participating Student(s) may request educ8all to find a replacement Tutor (by emailing all relevant details to firstname.lastname@example.org) or, if we are unable to find a suitable replacement, the Student(s) will be entitled to a refund for such tutorial. If a Student has paid for more than one tutorial, the refund shall be the applicable pro rata portion of the amount paid.
Late Arrival Policy for Tutorials
3.18 Tuition classes shall start promptly at the scheduled hour.
3.19 Full payment for the scheduled tutorial is payable to the Tutor even if a Student joins the tutorial late. A Tutor may agree to overrun past the allotted time at his/her full discretion but is not required to do so.
3.20 If the Tutor arrives late and the participating Student(s) do(es) not agree to overrun past the allotted time, then the Students are not liable for the missed time. The participating Students should notify us by emailing the relevant details to email@example.com within 14 days of the end of the tutorial and we will make the appropriate refund. No refund is payable for a late arrival by a Tutor of less than 10 minutes.
3.21 If we are not notified within 14 days of the end of the tutorial, we may have transferred the relevant payment to the Tutor, in which case the Tutor will be responsible for making the refund. educ8all may liaise between the Student requesting a refund and the relevant Tutor. educ8all cannot guarantee a refund and accepts no liability for any failure by a Tutor to do so.
4.1 Once agreed, you are not permitted to cancel a Contract except with the consent of the Student.
4.2 If you wish to discuss cancelling or varying a Contract with a Student, you must do so through the Platform.
4.3 We reserve the right to remove any Tutor from the Platform if they repeatedly fail to fulfil Contracts which they have agreed.
- Your compliance with these Terms
5.1 You understand that we might make enquiries with any Student to ensure that you are complying with your obligations under the Terms.
5.2 If you wish to cancel your registration with educ8all, you can do so at any time by sending requesting removal through the Platform. However, this will not affect any obligation you may have at that time in relation to a Contract you have agreed.
5.3 We have the right to remove any Tutor from our database, if we receive complaints about that Tutor, or for any other reason at our entire discretion.
6.1 You understand and agree that we may contact any Student to ask for a review of the services you have provided and that we may use such review for any purpose, including providing such review to prospective Students and/or posting such review to the Platform.
6.2 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you. In particular, you may not use all or any part of a review for any purpose outside of the Platform without our written permission.
7.1 We are not obligated to make available the Platform services to you and we reserve the right to remove you or your listing from the Platform at any time and for any reason at our discretion.
7.2 We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
7.3 We make no warranty as to the Students we refer to you and are not liable for any loss or damage you may incur as a result of an introduction to a Student, including without limitation any failure by the Student to pay you for your work.
7.4 educ8all acts as an introducer and is not a party to any Contract made between you and the Student. You will be responsible for all legal and regulatory requirements relevant to your contract with your Student. A Tutor is not an employee of EDUC8ALL LTD and the Tutor therefore accepts full responsibility for all income tax, national insurance and other liabilities arising from any use by the Tutor of the educ8all Platform.
7.5 We may at our discretion mediate in any dispute arising between a Tutor and a Student. However, we shall not be liable for any matters relating to that dispute.
- Verification of identity
8.2 You agree that should we require any such identity checks, we reserve the right to charge the costs of such checks to the Tutor.
- Limitation of Liability
9.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
9.2 If you are dissatisfied with the Platform, or the Terms, your remedy under the Terms shall be to discontinue your use of the Platform.
9.3 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the Platform.
9.4 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
9.5 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
9.6 In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than the educ8all Fee relating to the matter in dispute.
- User login details
10.1 If you register for an account with our Platform, you will be asked to choose a user ID and password.
10.2 You must not use your account or user ID to impersonate any other person.
10.3 You must keep your password confidential.
10.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
10.5 You are responsible for any activity on our Platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- General Terms
11.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
11.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
11.3 We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
11.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
11.5 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
11.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
11.7 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Platform from the date of publication of the revised terms and conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Platform.
11.8 The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.