Terms & Conditions

Tutor Terms and Conditions

These terms and conditions together with [Terms of Website Use and Privacy Policy] together constitute the legal terms and conditions (“Terms”) on which we shall supply you with Platform Services (defined in clause 4 below) including a licence to access our site on [www.tuittio.com] (“Site”) so that you may provide Tutorial Services (defined in clause 5 below) subject to and in accordance with these Terms.

In these Terms “You” and “Your” means any person who applies and / or registers to the Site as a provider of Tutorial Services. A “Tutor” is any person who successfully registers as a provider of Tutorial Services by completing the steps set out in clause 3 below.

These Terms will apply to any contract for our provision of Platform Services to you (“Contract”). Please read the Terms carefully and make sure that you understand them, before proceeding any further. Where you submit a Tutor Application Form (defined below) to us a Contract shall come into existence between you and us.

You should print a copy of these Terms for future reference.

  1. Information about us
    1. We operate the Site. We are Tuittio Limited, a company registered in England and Wales under company no: 8997118 and with our registered office at 1st Floor, 39 Gay Street, Bath BA1 2NT. Our trading address is [39 Gay Street, Bath, BA1 2NT]. References to “we”, “us”, “Tuittio” or “our” means Tuittio Limited (company no: 8997118).
    2. You may contact us by e-mailing us at [support@tuittio.co.uk]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 22.
  2. Your agreement with Tuittio
    1. These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
    2. You acknowledge that in entering into this Contract, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
    3. You and we agree that you shall not have any claim for innocent or negligent misrepresentation or negligent mis-statement based on any statement in this Contract.
  3. Applying to become a Tutor
    1. Becoming a Tutor is subject to successful completion of the application process set out below. To be eligible to become a Tutor, you must satisfy the eligibility criteria set out in our on-line tutor application (which may be accessed via the following link: [www.tuittio.com] (“Tutor Application Form”). We shall at our absolute discretion decide whether you become a Tutor.
    2. To initiate the application process you must please complete the Tutor Application Form. Please provide, true, accurate, current and complete information about yourself as prompted by the Tutor Application Form (“Tutor Registration Data”).
    3. Following submission of the Tutor Application Form to us, we shall notify you by e-mail to confirm whether you have been selected for the next stage of our application process. This second stage shall entail a discussion via a webcam (“Interview”). We shall notify you afterwards by e-mail to confirm whether the Interview has been successful and, where it has, we will ask you to carry out a DBS check against yourself (at your own cost) and will request the following from you:
      1. a DBS certificate;
      2. a photograph of yourself together with your profile which you will wish to display on our Site upon successfully becoming a Tutor (“Tutor Profile”).
    4. Following completion of the above steps and following the outcome of any DBS check carried out, we shall notify you by e-mail to confirm whether your application to become a Tutor has been successful. Where you have been successful, we will send you an e-mail with details to enable you to log in to your account which we shall create on our Site (“Tutor Account”).
    5. You agree to maintain and promptly update the Tutor Registration Data and Tutor Profile to keep a true, accurate, current and complete record. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Platform Services and refuse any and all current or future use of the Platform Services.
  4. Platform Services provided by Tuittio
    1. Upon becoming a Tutor, you shall benefit from the following services to be provided by Tuittio (“Platform Services”) subject to the Terms:
      1. we make available to you an on-line platform on our Site enabling you to provide Tutorial Services to any person receiving Tutorial Services from you via the Site (“Student”);
      2. you will be able to display your Tutor Profile on a dedicated Tutor web page on our Site where you may promote your Tutorial Services (“Tutor Profile Page”);
      3. an on-line booking facility shall be available on your Tutor Profile Page where each Student may book an on-line tutorial with you in 1 hour slots and each such slot shall be conducted by you live on a one-to-one basis between you and the Student via the Site (“Tutorial”).
    2. A Tutorial with a Student is booked when an automatically generated e-mail is sent to you and to us confirming the booking and (other than in the case of an Introductory Session) the Tutorial Fee (calculated under clause 6.2) is paid (“Booking”) which shall include the following details:
      1. the first name of the Student;
      2. where the person who makes the Booking is different to the Student, the first name of that person who is identified in the Booking as the client;
      3. subject area and Student’s level in that subject area;
      4. the time and date of the Tutorial;
      5. confirmation that Tuittio has received payment for the Tutorial, stating the amount received and the amount payable to you following successful completion of the Tutorial.
    3. You acknowledge that we are acting as your agent when facilitating a Booking under clause 4.2 above and that a contract comes into existence directly between you and the Student or client (as the case may be) for the provision of Tutorial Services when a Booking is issued to you.
  5. Your obligations as Tutor
    1. Where a Booking is issued to you, you undertake to provide the following services via our Site (“Tutorial Services”):
      1. to provide an initial introductory session of 30 minutes with the Student at no charge at the agreed time booked by the Student where confirmed in the Booking (“Introductory Session”);
      2. following the Introductory Session with any Student, to provide that Student with a live Tutorial at the agreed time and on the subject area sought as stated in the Booking.
    2. You further agree and undertake as follows:
      1. at all times to perform the Tutorial Services to a high professional standard, in the Student’s interest and in accordance with best industry practice;
      2. at all times to comply with any policies and requirements made by us from time to time in relation to the Tutorial Services and your obligations under the Contract;
      3. to be punctual for any Tutorial booked and to conduct the Tutorial at the time stated and for the duration stated in the Booking;
      4. to notify Tuittio immediately where, for any reason, you are unable to attend the Tutorial at the time stated in the Booking and, where you have not notified the Student (and where applicable the client), you shall please inform Tuittio of this and you acknowledge that the Student (or client as the case may be) shall be given the option of either rescheduling the Tutorial (which rescheduled time shall be confirmed via a new Booking) or a full refund of the Tutorial Fee paid for the Tutorial that was cancelled;
      5. to communicate with the Student or client only via the Site and only in connection with the Tutorial Services;
      6. not request or attempt to obtain the location or address of the Student or client or any e-mail address, telephone number or other contact details for the Student or client which are not publicly available on the Site;
      7. all telephone and internet costs and charges and any other costs incurred by you in relation to your use of the Platform Services and provision of Tutorial Services are borne by you and are your sole responsibility.
    3. In order to access the Platform Services and to provide the Tutorial Services you are responsible for providing your own computer with webcam, headset / speakers (“Equipment”) and have access to broadband internet connection (“Internet Connection”) all of which shall be at your own cost. You are solely responsible for ensuring the following:
      1. that the Equipment is maintained in good working order and that the quality of the Internet Connection enables you to access the Platform Services and is adequate for the proper performance and delivery of your Tutorials;
      2. that your computer is equipped with the latest security software;
      3. that the software on your computer is compatible with the Platform Services.
    4. You are solely responsible for assessing the level of the Student in his or her subject area and for tailoring your Tutorial Services (including the preparation of content and delivery of each Tutorial) to meet the requirements of the Student or, where the Student did not book the Tutorial (because for example they are under 18 years of age or because they did not make the payment), the requirements of the person who is confirmed to you in the Booking as being the client.
    5. Your login details are personal to you and enable you to access your Tutor Account. You undertake to keep your login details confidential and not to disclose them to anyone else. Where you have disclosed any of your login details or have concerns that someone may have obtained them or could have accessed your Tutor Account because of any breach of security, you must immediately notify Tuittio of this.
  6. Fees and payment
    1. The fees payable by you to Tuittio for the Platform Services and the rights granted by us under this Contract (“Platform Fees”) shall be calculated at the rate specified on our Site (under the section headed “Our Platform Fees”) which shall be expressed as a percentage of the Tutorial Fee (defined below) received by Tuittio in respect of each Tutorial. The Platform Fees are exclusive of VAT which also shall be payable by you.
    2. The “Tutorial Fee” is the amount payable by the Student or client (as the case may be) for the Tutorial which shall be calculated at the hourly rate advertised by the Tutor on the Tutor Profile Page.
    3. You agree that all Tutorial Fees shall be paid by the Student or client (as the case may be) to Tuittio who shall act as your agent.
    4. We shall deduct the Platform Fees plus VAT from the Tutorial Fees received by us and the net amount (“Net Revenue”) shall be paid to you monthly in arrears into your nominated bank account as stated in your Tutor Account within 14 days following the calendar month in which any such Tutorial Fees are paid.
  7. Monitoring / feedback
    1. Tuittio shall be entitled to record the Tutorials for monitoring purposes. You acknowledge that we may from time to time ask for feedback from the Students and / or clients (where different to the Students) on the quality of the Tutorial Services.
    2. Where you have any concerns about the Student because, for example, they appear dissatisfied with the Tutorial Services or because of their behaviour, you shall notify us immediately of your concerns so that we may consider what appropriate action should be taken and see how we may be able to assist to resolve the matter. You acknowledge that we shall at our sole discretion obtain feedback directly from the Student.
  8. Intellectual property
    1. You acknowledge and agree that all Intellectual Property (as defined in clause 8.5 below) in the Site, the Tuittio name, brand and logo, Platform Services and any necessary software made available by us and used in connection with the Platform Services (“Software”) any recordings made by Tuittio of any Tutorial and any material, content or information generated by or on behalf of Tuittio in relation thereto is and shall remain the exclusive property of Tuittio or its licensors (“Tuittio Intellectual Property”). You agree not to copy, modify, adapt, alter, publish, rent, lease, loan, sell, transmit or distribute any part of the Tuittio Intellectual Property or create any derivative works based on it without our express prior written consent.
    2. You understand that all information, data, text, software, music, sound, images and other materials whether posted, transmitted or uploaded by you, any Student or client or any other third party on or via the Platform Services or the Site (“Content”) on or via the Site or the Platform Services are the sole responsibility of the person or organisation from which such content originated. This means that you, and not we, are entirely responsible for all Content you download, upload, post, e-mail or otherwise transmit on or via the Site or the Platform Services. We do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, e-mailed or otherwise transmitted on or via the Site or the Platform Services.
    3. You are responsible for ensuring that no material you post, or which is posted through any machine or device on which you access the Site or the Platform Services, nor any activity or communication you make in connection with the Platform Services, will be capable of:
      1. infringing the intellectual property or other rights of any person or entity;
      2. breaching any applicable local, national or international law, whether criminal, tortious or otherwise;
      3. appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading;
      4. transmitting any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      5. interfering with or disrupting the Platform Services or servers or networks connected to the Platform Services, or disobey any requirements, procedures, policies or regulations or networks connected to the Platform Service.
    4. By uploading or transmitting the Content on / or via the Site and / or via the Platform Services, you:
      1. are representing that you are fully entitled to do so;
      2. grant us a non-exclusive, royalty free, non-terminable, sub-licensable, licence in the perpetuity to use, copy, modify, distribute, record, show in public and create derivative works from that Content in connection with the Platform Services in any form, anywhere; and
      3. authorise us to adapt the Content in the course of doing so and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
    5. The term “Intellectual Property” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  9. Display of information on Site
    1. We reserve the right to edit, and amend the information or photographs supplied in relation to the Tutorial Services so that it is consistent with the form and layout of the Site.
    2. We also reserve the right at our discretion to reject or remove all information, and photographs supplied in relation to the Tutorial Services and where we do so we shall incur no liability as a result of exercising this right.
    3. You are fully responsible for making sure that all information in connection with you, your Tutorial Services, your rates and charges, your availability and all other information supplied by you is accurate in all respects at all times.
    4. You are fully responsible for checking the dates and times that you are available and updating your availability on the booking calendar displayed on your Tutor Profile Page.
    5. Where a Booking is issued to you and you have failed to update the booking calendar on your Tutor Profile Page or you changed your mind, you agree to indemnify Tuittio against all losses, costs, expenses and damages that may be incurred.
    6. Please note that you will not be able to edit your Tutor Profile on our Tutor Profile Page. Where you wish to make any such changes you will need to submit a request to us.
    7. You agree to indemnify Tuittio against all losses and damage suffered by Tuittio directly or indirectly as a result of any inaccuracies in the information relating to you shown on the Site which you failed to correct or update.
  10. Cancellations
    1. The provisions in clause 10.2 shall apply in relation to Students who have booked (and clients who have booked on behalf of the Students) a Tutorial and who wish to cancel their Booking. You acknowledge that, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may only be paid (out of the Tutorial Fee) any costs reasonably incurred by you in your work on the cancelled Tutorial for the period prior to cancellation of that Tutorial.
    2. Before the scheduled time for a Tutorial referred to in a Booking, Students or clients (as the case may be) as consumers have the following rights to cancel that Tutorial:
      1. they may cancel a Tutorial within 15 calendar days of the scheduled date of that Tutorial by contacting us. We will confirm their cancellation in writing to you by e-mail;
      2. if they cancel a Tutorial under clause 10.2.1 and have paid the Tutor Fee for the Tutorial, they are entitled to a full refund;
      3. however, if they cancel under clause 10.2.1 but within 24 hours prior to the date scheduled for the Tutorial and we receive an e-mail from you within 3 working days of notifying you of the above cancellation that a full refund is not payable due to any of the following reasons (stating the amount of your reasonable costs incurred to be deducted from the Tutorial Fee):
        1. that you have already prepared for the Tutorial; and / or
        2. you have incurred costs in making yourself available for the Tutorial,
      4. we will then deduct the amount stated by you and refund the balance of the Tutorial Fee to the Student or client (as the case may be).
    3. You shall indemnify Tuittio for any loss, liability, costs (including reasonable legal and professional costs), damages or expenses arising from any claims made by any Student or client against us where we make a payment to you as requested under clause 10.2.3 following the cancellation of a Tutorial.
  11. Operation of Platform Services
    We reserve the right to withdraw or modify one or more aspects of the Platform Services with or without notice where we have legal or technical reasons to do so (including technical difficulties experienced by Tuittio on the Internet). There may also be times when the Platform Services become unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require changing your login details or other information which facilitates access to the Platform Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform Services.
  12. Privacy policy
    Our privacy policy forms part of the Contract, and by agreeing to this Contract, you also give your consent to the way we may handle your personal data in that policy.
  13. Confidentiality
    1. You shall not use or disclose to any person either during or at any time after the termination of the Contract any Confidential Information (defined below) about the business or affairs of Tuittio or any of our Students, Tutors, clients or our suppliers or other business contacts, or about any other confidential matters which may come to your knowledge in the course of providing the Tutorial Services. For the purposes of this clause 13, “Confidential Information” means any personal information or other details of our Students, Tutors, clients, suppliers or other business contacts and any information or matter which is not in the public domain which relates to the business or affairs of Tuittio or our trade secrets (including without limitation any financial information, any pricing structure or business model used or proposed, technical data and know how relating to the business of Tuittio, any plans or proposals in relation to the Platform Services or Tuittio Intellectual Property).
    2. The restriction in clause 13.1 does not apply to:
      1. any use or disclosure authorised by Tuittio or as required by law; or
      2. any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
  14. Warranties, liability and indemnities
    1. You warrant and undertake to us that any information disclosed by you in writing to us and / or on the Site including any discussions with us, is true, accurate and correct.
    2. We have no duty to vet any Student or client and will not be liable for any loss or damage suffered by you directly or indirectly as a result of any act or omission of any Student or client.
    3. In the unlikely event that information inputted on the Site by us or our agents relating to you, the Students or clients, your availability or Tutor Services or Tutor Fees (displayed on our Site), is incorrect we shall have no liability to you other than to input the correct information as soon as we deem practicable following your notification (where you are unable to do so yourself).
    4. We make no promise or guarantee regarding the number of bookings that may be obtained via the Platform Services.
    5. Except in the case of death or personal injury caused by Tuittio’s negligence, Tuittio’s aggregate liability in any 12 month period under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed an amount equal to such sums paid by us to you by way of Net Revenue during 1 year preceding the claim.
    6. We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss of profit (whether direct or indirect loss of profit) or any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, business, reputation or goodwill.
    7. You acknowledge that, in entering into this Contract, you do not do so in reliance upon any representation, warranty or other provision except as expressly provided in this Contract, and any conditions, warranties or other terms implied by statute or common law are excluded from this Contract to the fullest extent permitted by law.
    8. You shall be solely responsible for and shall indemnify Tuittio for any loss, liability, costs (including reasonable legal and professional costs), damages or expenses arising from any breach by you of the terms of this Contract, any act, omission or default in the performance of the Tutorial Services by you, your use of the Platform Services (save to the extent that we are at fault), any complaints or claims made by a Student or client, your violation of any laws or the rights of any third parties.
  15. Termination
    1. We may terminate the Contract with immediate effect (or following such notice period as we see fit) without prejudice to any of our rights or remedies, by giving written notice to you:
      1. if at any time you commit any gross misconduct affecting us;
      2. commit any material or repeated breach of any of the provisions of the Contract;
      3. are charged or convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);
      4. are in our opinion negligent or incompetent in the performance of the Tutorial Services; or
      5. commit any fraud or dishonesty or act in any manner which in our opinion brings or is likely to bring Tuittio, our officers, employees or agents into disrepute or is materially adverse to the interests of Tuittio;
      6. do not provide a Tutorial in any 12 month period;
      7. die.
    2. We may terminate the Contract with immediate effect (or following such notice period as we see fit) by giving written notice to you for any reason and without payment or compensation to you other than the payment of the Net Revenue due to you in respect of those Tutorials which have been successfully completed.
    3. Any delay by us in exercising our rights to terminate shall not constitute a waiver of the rights.
    4. You shall have the right to terminate the Contract by giving notice in writing to us if you no longer wish to provide Tutorial Services and you have completed all Tutorials which you have undertaken to deliver (as stated in any Booking).
  16. Consequences of termination
    1. On termination or expiry of this Contract for any reason, you shall immediately:
      1. stop using the Tuittio Intellectual Property;
      2. return or at the option of Tuittio, destroy, all originals and copies of all materials and any other document or matter containing Confidential Information or Tuittio Intellectual Property;
      3. cease to use the Platform Services.
    2. Any termination or expiry of this Contract shall not affect any rights or liabilities that have accrued prior to such termination.
    3. Clauses which expressly or by implication have effect after termination of this Contract shall continue in full force or effect.
  17. Status
    1. You are an independent contractor and nothing in this Contract shall render you an employee, worker, agent or partner of Tuittio and you shall not hold yourself out as such.
    2. You shall be fully responsible for and indemnify Tuittio against:
      1. any income tax, national insurance contributions and any other liability, assessment or claim for taxation whatsoever arising from or made in connection with the performance of the Tutorial Services, where such recovery is not prohibited by law; and
      2. any liability for any employment related claim or any claim based on worker status (including reasonable costs and expenses) brought by you against Tuittio arising out of or in connection with the provision of the Tutorial Services.
  18. Changes to this Contract
    1. We reserve the right to change any Terms in this Contract from time to time (without e-mailing or writing to you) and post the new version on our Site. We shall, however, notify any changes made to the Contract on the main page of our Site, and the new version of these terms and conditions will take effect, and will govern all Platform Services and your relationship with Tuittio:
      1. subject to clause 18.2, commencing 1 month after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Contract which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Contract, you may notify us on or before the date when the new version of the Contract is to take effect, and from that date you must cease to use the Platform Services; or
      2. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you, examples of which would include, without limitation, changes to one or more of our addresses or e-mail addresses referred to in this Contract.
    2. Those Terms that are posted on our Site as at the date that any Booking is issued to you shall continue to apply to the exclusion of any new Terms introduced under clause 18.1.1.
  19. Assignment
    1. You may not assign, transfer or sub-contract any of your rights or obligations under the Contract without the prior written consent of Tuittio.
    2. We may assign, transfer or sub-contract any of our rights and obligations under the Contract.
  20. Waiver
    The failure by Tuittio to enforce at any time or for any period any one or more of the terms of this Contract shall not be a waiver of any of them or of the right at any time subsequently to enforce all terms of this Contract.
  21. Severability
    In the event that any Term in this Contract is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Contract shall remain valid and enforceable.
  22. Notices
    1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
    2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day (defined below) after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our Site, immediately.
    3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
    4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    5. The term “Business Day” shall mean a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
  23. Third parties
    No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with this Contract.
  24. Law and jurisdiction
    This Contract shall be governed by and construed in accordance with English law and you and we submit to the exclusive jurisdiction of the English courts.

Version dated: 05.09.14

 

 

Student terms and conditions

These terms and conditions together with [Terms of Website Use and Privacy Policy] together constitute the legal terms and conditions (“Terms”) on which we shall supply you with Platform Services (defined in clause 4 below) including a licence to access our site on [www.tuittio.com] (“Site”) so that you may obtain Tutorial Services (defined in clause 5 below) subject to and in accordance with these Terms.

In these Terms “You” and “Your” means any person who enters into a contract with us under these Terms with a view to using the Platform Services in order to obtain Tutorial Services from a Tutor for themselves as Student (defined below) or to procure Tutorial Services from a Tutor for a Student.  A “Student” is any person who receives any Tutorial Services. A “Tutor” is any person registered as a tutor on our Site.

These Terms will apply to any contract for our provision of Platform Services to you and / or (where you are not the Student) to the Student (“Contract”).  Please read the Terms carefully and make sure that you understand them, before proceeding any further.  Where you submit a Student Registration Form (defined below) to us a Contract shall come into existence between you and us.

You should print a copy of these Terms for future reference.

1. Information about us

1.1 We operate the Site.  We are Tuittio Limited, a company registered in England and Wales under company no: 8997118 and with our registered office at 1st Floor, 39 Gay Street, Bath BA1 2NT.   Our trading address is [39 Gay Street, Bath, BA1 2NT].  References to “we”, “us”, “Tuittio” or “our” means Tuittio Limited (company no:  8997118).

1.2 You may contact us by e-mailing us at [support@tuittio.com].  If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.

2. Your agreement with Tuittio

2.1 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

2.2 You acknowledge that in entering into this Contract, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

2.3 You and we agree that you shall not have any claim for innocent or negligent misrepresentation or negligent mis-statement based on any statement in this Contract.

2.4 Where you have entered into the Contract and are not the Student (because for example the Student is under 18 years old or because you are paying for the Tutorial(s)) you shall procure that the Student fully complies with all obligations expressed in these Terms as being undertaken by you.

3. Student Registration

3.1 Where you are interested in accessing the Platform Services and / or Tutorial Services you must please complete our on-line student registration form (which may be accessed via the following link:  [www.tuittio.com]) (“Student Registration Form”).  When prompted by the Student Registration Form, you should please provide the following information:

3.1.1 provide details about yourself and the Student (you may be required to input certain information twice where you are the Student (“Client Registration Data”)); and

3.1.2 state the subject areas that are of interest to the Student and the level attained to date. 

3.2 Upon submission of the Student Registration Form to us, where we accept your Student Registration Form, an e-mail will be sent to you with a username and password so that you may use your account on our Site (“Client Account”).

3.3 You agree to maintain and promptly update the Client Registration Data to keep a true, accurate, current and complete record.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Platform Services and refuse any and all current or future use of the Platform Services.

4. Platform Services provided by Tuittio

4.1 Once your Client Account is activated, you shall benefit from the following services to be provided by Tuittio (“Platform Services”) subject to the Terms:

4.1.1 we make available to you an on-line platform on our Site enabling you to select a Tutor from our database of Tutors who offer Tutorial Services via the Site;

4.1.2 subject to payment and your compliance with these Terms, you will be able to book a live on-line one-to-one tutorial of 1 hour in duration with your selected Tutor (“Tutorial”) where that Tutor is available, by using our on-line booking facility (“Booking Service”) which is accessed via that Tutor’s profile page on the Site (“Tutor Profile Page”). 

5. Booking a Tutor

5.1 The services provided by a Tutor comprise of the following (“Tutorial Services”):

5.1.1 an initial 30 minute introductory session via the Site between the Student and the Tutor at no charge at the time selected by you as confirmed by us by e-mail to you (“Introductory Session”); and

5.1.2 following the Introductory Session with the Tutor, to provide the Student with a Tutorial at the agreed time and on the subject area sought as stated in the Booking Confirmation (defined below).

5.2 In order to book a Tutorial with a Tutor, the steps set out in this clause 5 must be followed.  Where you book your first Tutorial with your selected Tutor using our Booking Service, you will be offered an Introductory Session with that Tutor.

5.3 Our Site will guide you through the steps you need to book a Tutorial through our Booking Service.  When booking a Tutorial using our Booking Service you will be prompted to check that the following information on our on-line booking form (“Booking Request”) has been inputted correctly:

5.3.1 the Student’s name;

5.3.2 your name if you are not the Student;

5.3.3 subject area and Student’s level in that subject area;

5.3.4 the Tutor’s name;

5.3.5 time and date of the Tutorial.

5.4 During the booking process, you will be prompted by our on-line booking form to pay the amount of the Tutorial Fee (calculated in accordance with clause 7).

5.5 Our booking system allows you to check and amend any errors before you submit your Booking Request.  Please check the details in the Booking Request and the amount of the Tutorial Fee carefully before submitting your Booking Request.

5.6 Your Booking Request is accepted when we send you an e-mail confirming the details of your booking (“Booking Confirmation”) at which point (and not before) a binding contract is entered into between you and the Tutor for the provision of Tutorial Services to the Student.  Details of the Booking Confirmation will also appear on your Client Account.

5.7 Where we notify you that the booking stated in your Booking Request is not available, we will refund to you in full the Tutorial Fee received by us from you with respect to that booking.

5.8 Please note that Tuittio, by providing the Booking Service, is acting as an agent for and on behalf of the Tutor you have chosen to provide the Tutorial Services.

6. Your obligations

6.1 You agree and undertake as follows:

6.1.1 as a Student, to be punctual for any Tutorial booked by you or on your behalf;

6.1.2 to notify Tuittio immediately where, for any reason, you (being the Student) are unable to attend the Tutorial at the time stated in the Booking Confirmation and, where you have not notified the Tutor, you should please inform Tuittio of this;

6.1.3 to be polite and respectful towards the Tutor and to refrain from any rude, offensive or inappropriate behaviour;

6.1.4 to communicate with the Tutor only via the Site and only in connection with the Tutorial Services;

6.1.5 not request or attempt to obtain the location or address of the Tutor or any e-mail address, telephone number or other contact details for the Tutor which are not publicly available on the Site;

6.1.6 not to impersonate any other person;

6.1.7 all telephone and internet costs and charges and any other costs incurred by you in relation to your use of the Platform Services are borne by you and are your sole responsibility.

6.2 In order to access the Platform Services and the Tutorial Services you are responsible for providing your own computer with webcam, headset / speakers (“Equipment”) and for ensuring that your computer has a broadband internet connection (“Internet Connection”) all of which shall be at your own cost.  You are solely responsible for ensuring the following:

6.2.1 that the Equipment is maintained in good working order and that the Internet Connection enables you to access the Platform Services and the Tutorial Services for the purpose of fully benefiting from them;

6.2.2 that your computer is equipped with the latest security software and that the software in your computer is compatible with the Platform Services.

6.3 Your username and password are personal to you and enable you to access your Client Account.  You undertake to keep your username and password confidential and not to disclose them to anyone else.  Where you have disclosed your username and / or password or have concerns that someone may have obtained them or could have accessed your Client Account because of any breach of security, you must immediately notify Tuittio of this.

7. Fees and payment

7.1 The price payable by you for the Tutorial Services is the amount calculated at the hourly rate advertised by the Tutor on the Tutor Profile Page (“Tutorial Fee”).

7.2 The Tutorial Fee is payable by you in full in advance and must be paid to us by completing the payment on-line at our Site, using a debit or credit card when prompted at the time that you make a Booking Request.  All such payments are received by us acting as an agent on behalf of the Tutor and any payments by you directly to the Tutor are not permitted.  Where the Tutor requests a payment from you directly, you should please decline and immediately inform us. Tutorial Fees are inclusive of any VAT unless we expressly state otherwise.

7.3 Our fees for the Platform Services (“Platform Fees”) are paid out of the Tutorial Fee received and are calculated at the rate specified on our Site (under the section headed “Our Platform Fees”) and are expressed as a percentage of the Tutorial Fee. The Platform Fees are exclusive of VAT.

7.4 We shall deduct the Platform Fees plus VAT from the Tutorial Fee before paying the balance to the Tutor.

8. Monitoring / feedback

8.1 Tuittio shall be entitled to record the Tutorials for monitoring purposes.  You acknowledge that we may from time to time ask for feedback from the Student and / or you (where you are not the Student) on the quality of the Tutorial Services.  However, we are not responsible for the quality of the Tutorial Services given by the Tutor and are reliant upon the expertise that they claim to have and your views.

8.2 Where you have any concerns about the Tutor or the Tutorial Services because, for example, you are dissatisfied with the quality of the Tutorial Services or because you are unhappy with the Tutor, you should please notify us of your concerns so that we may consider what appropriate action should be taken and see how we may assist in the matter.

9. Intellectual property

9.1 You acknowledge and agree that all Intellectual Property (as defined in clause 9.5 below) in the Site, the Tuittio name, brand and logo, Platform Services and any necessary software made available by us and used in connection with the Platform Services (“Software”) any recordings made by Tuittio of any Tutorial and any material, content or information generated by or on behalf of Tuittio in relation thereto is and shall remain the exclusive property of Tuittio or its licensors (“Tuittio Intellectual Property”).  You agree not to copy, modify, adapt, alter, publish, rent, lease, loan, sell, transmit or distribute any part of the Tuittio Intellectual Property or create any derivative works based on it without our express prior written consent.

9.2 You understand that all information, data, text, software, music, sound, images and other materials whether posted, transmitted, downloaded or uploaded by you, any Tutor or any other third party on or via the Platform Services or the Site (“Content”) on or via the Site or the Platform Services are the sole responsibility of the person or organisation from which such content originated.  This means that you, and not we, are entirely responsible for all Content you download, upload, post, e-mail or otherwise transmit on or via the Site or the Platform Services.  We do not guarantee the accuracy, integrity or quality of such Content.  Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, e-mailed or otherwise transmitted on or via the Site or the Platform Services.

9.3 You are responsible for ensuring that no material you post, or which is posted through any machine or device on which you access the Site or the Platform Services, nor any activity or communication you make in connection with the Platform Services, will be capable of:

9.3.1 infringing the intellectual property or other rights of any person or entity;

9.3.2 breaching any applicable local, national or international law, whether criminal, tortious or otherwise;

9.3.3 appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading;

9.3.4 transmitting any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9.3.5 interfering with or disrupting the Platform Services or servers or networks connected to the Platform Services, or disobey any requirements, procedures, policies or regulations or networks connected to the Platform Services.

9.4 By uploading or transmitting the Content on or via the Site on or via the Platform Services, you:

9.4.1 are representing that you are fully entitled to do so;

9.4.2 grant us a non-exclusive, royalty free, non-terminable, sub-licensable, licence in the perpetuity to use, copy, modify, distribute, record, show in public and create derivative works from that Content in connection with the Platform Services in any form, anywhere; and

9.4.3 authorise us to adapt the Content in the course of doing so and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

9.5 The term “Intellectual Property” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

10. Cancellations

10.1 Before the scheduled time for a Tutorial referred to in a Booking Confirmation, you have the following rights to cancel that Tutorial:

10.1.1 you may cancel the Tutorial within 15 calendar days of the scheduled date of that Tutorial by contacting us.  To cancel the Tutorial, you just need to let us know that you have decided to cancel it.  The easiest way to do this is to complete the cancellation form on our Site via the following link: [insert link to cancellation form].  We will confirm your cancellation in writing to you;

10.1.2 if you cancel a Tutorial under clause 10.1.1 and you have paid the Tutorial Fee for that Tutorial, we will refund the Tutorial Fee to you;

10.1.3 however, if you cancel under clause 10.1.1 but within 24 hours prior to the date scheduled for the Tutorial and the Tutor indicates to us that he requires payment to cover his reasonable costs incurred due to either of the following reasons:

(a) he has already prepared for the Tutorial; and / or

(b) he has incurred costs in making himself available for the Tutorial which are not recoverable,

you will be required to cover the Tutor’s reasonable costs incurred and they will be deducted from any refund that is due to you.  We will notify you what these costs are within 5 working days following your cancellation and you acknowledge that in some cases a refund may not be due to you.

10.2. Any amount due to you would be refunded on the credit card or debit card used by you to pay for the Tutorial Fee within 14 calendar days following the date that you inform us of your cancellation.

11. Operation of Platform Services

We reserve the right to withdraw or modify one or more aspects of the Platform Services with or without notice where we have legal or technical reasons to do so (including technical difficulties experienced by Tuittio on the Internet).  There may also be times when the Platform Services become unavailable, whether on a scheduled or unscheduled basis.  For security or other reasons, we may require changing your username and password or other information which facilitates access to the Platform Services.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform Services.

12. Privacy policy

Our privacy policy forms part of the Contract, and by agreeing to this Contract, you also give your consent to the way we may handle your personal data in that policy. 

13. Warranties, liability and indemnities

13.1 You confirm that you are at least 18 years old and you warrant and undertake to us that any information disclosed by you in writing to us and / or on the Site including any discussions with us, is true, accurate and correct.

13.2 In the unlikely event that information inputted on the Site by us or our agents relating to you or (if different) the Student, any Tutor, a Tutor’s availability or Tutorial Services or Tutor Fees (displayed on our Site), we shall have no liability to you other than to input the correct information as soon as we deem practicable following your notification (where you are unable to do so yourself).

13.3 We make no promise or guarantee regarding the quality of any of the Tutorial Services.

13.4 Except in the case of death or personal injury caused by Tuittio’s negligence, Tuittio’s aggregate liability in any 12 month period under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed an amount equal to the total Tutorial Fees paid by you to us during 1 year preceding the date of the claim.

13.5 We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss of profit (whether direct or indirect loss of profit) or any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, business, reputation or goodwill.

13.6 You acknowledge that, in entering into this Contract, you do not do so in reliance upon any representation, warranty or other provision except as expressly provided in this Contract, and any conditions, warranties or other terms implied by statute or common law are excluded from this Contract to the fullest extent permitted by law. Your statutory rights as a consumer are not affected.

13.7 You shall indemnify Tuittio for any loss, liability, costs (including reasonable legal and professional costs), damages or expenses arising from your use of the Platform Services (save to the extent we are at fault), any breach by you of the terms of this Contract, any complaints or claims made by the Tutor against you, your violation of any laws or the rights of any third party. 

14. Termination

14.1 We may terminate the Contract with immediate effect (or following such notice period as we see fit) without compensation to you and without prejudice to any of our rights or remedies, by giving written notice to you:

14.1.1 if you fail or (if you are not the Student) the Student fails to attend a Tutorial without notifying us beforehand or where you or the Student repeatedly cancel Tutorials;

14.1.2 where we receive a complaint or claim from a Tutor in relation to you or the Student;

14.1.3 if you commit or the Student commits any breach of any of the provisions of the Contract;

14.1.4 if you are or the Student is charged or convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);

14.1.5 if you commit or the Student commits any fraud or dishonesty or act (or acts) in any manner which in our opinion brings or is likely to bring Tuittio, our officers, employees or agents into disrepute or is materially adverse to the interests of Tuittio.

14.2 We may terminate the Contract with immediate effect (or following such notice period as we see fit) by giving written notice to you for any reason and without payment or compensation to you other than the payment of the Tutorial Fees paid by you in respect of those Tutorials which have been booked through our Booking Service and which are scheduled for a date after the date that the Contract is terminated.

14.3 Any delay by us in exercising our rights to terminate shall not constitute a waiver of the rights.

14.4 You shall have the right to terminate the Contract at any time by giving notice in writing to us if you no longer wish to use the Platform Services.

15. Consequences of termination

15.1 On termination or expiry of this Contract for any reason, you shall immediately cease to use the Tuittio Intellectual Property and the Platform Services.

15.2 Any termination or expiry of this Contract shall not affect any rights or liabilities that have accrued prior to such termination.

15.3 Clauses which expressly or by implication have effect after termination of this Contract shall continue in full force or effect.

16. Status

16.1 You acknowledge that any Tutor who is engaged to provide a Tutorial Service is an independent contractor and that no Tutor is an employee, worker, agent or partner of Tuittio.

16.2 You further acknowledge that where you book a Tutor through our Booking Service you are contracting directly with the Tutor and that we are only acting as an agent for the Tutor.

17. Changes to this Contract

17.1 We reserve the right to change any Terms in this Contract from time to time (without e-mailing or writing to you) and post the new version on our Site.  We shall, however, notify any changes made to the Contract on the main page of our Site, and the new version of these terms and conditions will take effect, and will govern all Platform Services and your relationship with Tuittio:

17.1.1 subject to clause 17.2, commencing 1 month after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Contract which is capable of adversely affecting you;  if you do not wish to be governed by the new version of the Contract, you may notify us on or before the date when the new version of the Contract is to take effect, and from that date you must cease to use the Platform Services; or

17.1.2 immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you, examples of which would include, without limitation, changes to one or more of our addresses or e-mail addresses referred to in this Contract.

17.2 Those Terms that are posted on our Site as at the date that any Booking is issued to you shall continue to apply to the exclusion of any new Terms introduced under clause 17.1.1.

18. Assignment

18.1 You may not assign, transfer or sub-contract any of your rights or obligations under the Contract without the prior written consent of Tuittio.

18.2 We may assign, transfer or sub-contract any of our rights and obligations under the Contract.

19. Waiver

The failure by Tuittio to enforce at any time or for any period any one or more of the terms of this Contract shall not be a waiver of any of them or of the right at any time subsequently to enforce all terms of this Contract.

20. Severability

In the event that any Term in this Contract is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Contract shall remain valid and enforceable.

21. Notices

21.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

21.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day (defined below) after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our Site, immediately.

21.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

21.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

21.5 The term “Business Day” shall mean a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

22. Third parties

No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with this Contract.

23. Law and jurisdiction

This Contract shall be governed by and construed in accordance with English law and you and we submit to the exclusive jurisdiction of the English courts.

Version dated:  05.09.14