Terms and Conditions

The Tutors Network: Terms of Use

1. Introduction

The Tutors Network application (the App) and the associated website (the Responsive Website) is owned and operated by Ivy Russell Limited of Hillside , Albion Street, Chipping Norton, OX7 5BH trading as The Tutors Network.

By using the App you agree to be bound by these terms (the Terms) together with the privacy policy accessible in the App (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the App and delete it from your device. If you have any questions, you can contact us at help@thetutorsnetwork.com

We reserve the right to update these Terms from time to time at our discretion. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

For ease, within these Terms of Use, when we refer to a client we mean a student who wishes to use the Responsive Website, or a student’s parent or legal guardian if the student is under the age of 18.

2. The App

The App operates as a platform to allow tutors to manage their schedules and their contractual relationships with clients, and enables payments to be made by clients to tutors. We do not provide tutoring services or enable clients to find tutors, or tutors to advertise their services.

If you are a tutor and wish to register on the App, you must provide to us certain mandatory information about you and about your clients. You must comply with all applicable requirements of data protection law in relation to your clients. If you provide personal data about a student under the age of 18, you confirm that you are their tutor and the student’s parent or legal guardian has confirmed that you are entitled to provide the personal data to us. If you otherwise provide personal data about a client, you confirm that you have their consent to do so. We shall process that personal data in accordance with the terms of our Privacy Policy

Once you have registered on the App as a tutor, you can follow our step by step process to create your terms of business for the provision of tutoring services. For example, you can determine your fees, expenses, and payment terms, cancellation policies, and which reminders the App will send to clients. Please note that whilst we have prepared this step by step process with reasonable skill and care, it is up to each tutor to ensure that their terms of business are suitable for their purposes and comply with all applicable laws and regulations.

If a tutor has provided personal data of their client, then we shall use that personal data to send the client an email with a link explaining how the client can use the Responsive Website to pay their tutor, together with the tutor’s terms of business for the provision of tutoring services created on the App. A client must agree to the tutor’s terms of business in order to use the Responsive Website.

If you are a client who receives such an email from us, but you do not wish to access our Responsive Website or otherwise engage with The Tutors Network, please contact us and we shall delete your personal data accordingly.

3. Registration and Use of the App and Responsive Website

You agree that you are responsible for all activities that occur under your The Tutors Network account. You may only register using your own details. All information you provide to us on registration must be accurate and complete and we ask that you keep your information up to date by making any necessary changes within your account. You must keep confidential your pincode to access the Responsive Website and/or App, and if you believe that there has been any unauthorised use of your account, please contact us immediately.

When you use the Responsive Website and/or App you must comply with all applicable laws. In particular, you shall not and you shall not assist a third party to (a) try to undermine, damage or disrupt the security of the Responsive Website and/or App, associated software, computing systems or networks; (b) act in a way which could risk overloading, impairing or damaging the Responsive Website, App and supporting infrastructure; © attempt to gain unauthorised access to any materials or other parts of our infrastructure; (d) attempt to modify, disassemble, copy or adapt any computer programs used to deliver the App (except strictly to the extent that you are permitted to do so under applicable law not capable of exclusion); (e) sell, resell, duplicate, reproduce or create any derivate works from any part of the App; (f) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Responsive Website and/or App; (g) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Responsive Website and/or App attempt to gain access to the source code; and/or (h) build a product competitive to the Responsive Website and/or App otherwise using similar ideas, features, functions of graphics as Responsive Website and/or App.

4. Payment

The App is currently free to download and use.

In order to request and receive payments on the App, a tutor must register with our payment service provider, currently GoCardless. Each tutor agrees to comply with all terms and conditions of use of the GoCardless payment system.

Payments to tutors for lessons are made through a direct debit mandate set up within the App. There is no requirement for clients to set up a GoCardless account to make a payment.

Tutors and clients agree that we charge a payment, currently £2, for each hour of tutoring processed through our App. The tutor’s fee quoted to the client is inclusive of the hourly rate we charge, and is deducted by GoCardless from the sum paid by client. GoCardless is responsible for receiving payment from clients and making payments to tutors. We have no responsibility for GoCardless’ acts or omissions.

Tutors are self-employed and do not act as our employee. Tutors are responsible for making appropriate PAYE deductions for tax and national insurance contributions.

The App allows you to generate income if you refer another user to our App. To activate referrals, you need to enter your bank details when prompted to do so, and then share your unique invite link. If your unique invite link is used by a tutor to register on the App, then we shall pay to you 30p for every hour of tutoring that the tutor processes through our App and receives payment through the App. Payment shall be made at the end of each month by our payment processor, Revolut.

5. App Content

The copyright in all material contained in the App and Responsive Website including all information, data, text, images, and all source code and other software is owned by or licensed to us (Software Content). All rights are reserved. You can view, print or download extracts of the Software Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Software Content without our permission.

The App and Responsive Website may contain links to websites operated by third parties. We do not have any influence or control over any such third party websites and we are not responsible for and do not endorse any third party websites or their availability or content.

We accept no responsibility for adverts contained within the App and Responsive Website. If you agree to purchase goods and/or services from any third party who advertises in the App and Responsive Website, you do so at your own risk. The advertiser is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

A tutor may use the App to add feedback and notes in respect of a client and their subjects. This content cannot be viewed by any other user of the App. However, you agree that you shall not (a) include any content that is deliberately dishonest or false; (b) is offensive, hateful or inflammatory; and/or © include any copyrights, database rights, trade marks or other intellectual property rights that do not belong to you, unless you have the written consent of the owner of such rights.

6. Liability and disclaimer – Your attention is particularly drawn to this section

We warrant that the App and Responsive Website will be of satisfactory quality, fit for purpose and as described. But, and subject to these warranties, to the maximum extent permitted by law we disclaim all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the App and Responsive Website. You agree that the App and Responsive Website have not been created specifically for you.

If you notice any error within the App and Responsive Website, for example in respect of any lesson schedule, or payments made or due, please notify us promptly and we shall investigate the error as soon as possible. To the extent permitted by law, this is your only remedy in respect of any error.

We do not recommend or endorse any tutor who uses our App, nor do we promise that a client will want to use our Responsive Website or otherwise pay for a lesson.

Any content within the FAQs, blogs or otherwise within the App and Responsive Website, including your account, is for information only. It has not been prepared for any particular individual and should not be interpreted as legal or tax advice that you can rely on.

If you are a client, we shall only be liable to you for any direct damages that you can evidence were caused by our demonstrable failure to comply with these Terms of Use. If there is a problem with the App or Responsive Website that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the App or Responsive Website.

If you are a tutor, then you agree that we shall not be liable to you for (a) loss of profits; (b) loss of business; © loss or corruption of data or information; (d) business interruption; (e) loss of or wasted staff or management time; (f) any kind of special, indirect, consequential loss or pure economic loss whether or not you advise us of the possibility of these losses. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law. In addition, your statutory rights as a consumer are not affected.

7. Availability

There may be occasions when access to the App or Responsive Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We reserve the right to remove any content or features from the App and Responsive Website for any reason without prior notice and/or to suspend or cease providing any services relating to the App and Responsive Website without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

8. Termination

We may terminate or suspend your access to the App or Responsive Website for any reason, including if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or © we receive a complaint about you from another user about you.

9. General

These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and us concerning your use of the App or Responsive Website.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You consent to receive all communications including notices and other information from us electronically. We may provide all such communications by email, text or by posting them on the App or Responsive Website.

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

10. Additional Terms for Users who download the App from the Apple iTunes App Store

We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in the Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and © claims arising under consumer protection or similar legislation.

We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Last updated: May 2019