TERMS AND CONDITIONS
This page contains the Terms and Conditions that you must read and agree to before registering as a Tutor or Futures Guide on the Tutors and Futures Website, submitting a Tutor Request or Guidance Request as a Tutee or parent/guardian, or entering into a Contract with a Tutor or Futures Guide as a Tutee or parent/guardian. Please take your time to read and understand these Terms and Conditions. Tutors and Futures will endeavour to inform registered Tutors, Futures Guides and Tutees or parents/guardians engaged in ongoing Contracts whenever significant changes are made to these Terms and Conditions; however, continued registration with Tutors and Futures or use of our services is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time.
By agreeing to these Terms and Conditions you consent to Tutors and Futures contacting you from time to time – using any of the contact details you provide us with – about our services.
Tutors and Futures Guides – please make sure that the email address held by us is current and that the account is regularly accessed by you; you can update your email address within your Tutor Profile (if held) at any time once you have completed registration, or by contacting us. Please also make sure that your email address held on our mailing list is current and readily accessible by you.
You must abide by these Terms and Conditions as long as you have a Tutor Profile or Futures Guide Profile on the Tutors and Futures Website, are engaged in a Contract with a Tutee arranged by us, or continue to use our services in any other way.
Tutees – we will ask you to confirm your agreement to these Terms and Conditions before you submit a Tutor Request or Guidance Request and they will continue to apply as long as you are engaged in a Contract with a Tutor or Futures Guide arranged by us, or continue to use our services in any other way.
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 services for the Tutee.
(b) “Tutors and Futures” means the company and Website operated by Tutors and Futures.
(c) “Tutee” means a person who uses the Tutors and Futures Website with the intension of entering into a contractual relationship with a Tutor or Futures Guide for the provision of tuition services by the Tutor or Futures Guide to the Tutee; or the Tutee’s parent/guardian.
(d) “Tutor” – including Futures Guides – means a person who has appropriate qualifications and/or experience to provide services in the areas advertised by the Tutor on the Tutors and Futures Website, with the intention of entering into a Contract to provide tuition or guidance to a Tutee or the Tutee’s parent/guardian.
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.
3) All business undertaken by Tutors and Futures, 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 Tutors and Futures and related provisions –
4) The Tutors and Futures Website has been established to allow a Tutee to browse Tutor Profiles and Futures Guide Profiles and submit a Tutor Request or Guidance Request.
5) Tutors and Futures 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 Tutors and Futures Website.
6) Tutors and Futures is not responsible for appraising information on the Tutors and Futures Website. Tutees should exercise complete caution. Despite prohibitions, Tutors could provide information or otherwise behave in a way that is unreliable, misleading or illegal. Furthermore, Tutors and Futures can offer no guarantee that Tutors are who they say they are.
Tutor Duties –
7) A Tutor warrants that he –
(a) is of at least eighteen years of age;
(b) has the necessary qualifications and/or experience to provide tuition in the subject(s) specified by the Tutor on the Tutors and Futures Website.
8) Tutors who enter into contracts with Tutees who are under the age of 18 must ensure that they have consent from a parent/guardian to provide tuition services to the Tutee.
9) A Tutor is responsible for the fees quoted for his services. Tutors and Futures may act as an intermediary to negotiate fair fees for both Tutors and Tutees but will not be held responsible for any dispute relating to these fees. Tutors and Futures is not liable to the Tutor for any fees that have not been paid by the Tutee and will not get involved in any disputes about fees between a Tutor and a Tutee. A Tutor accepts by registering on the Tutors and Futures Website that Tutors and Futures will deduct 20% commission from all gross fees for tuition services arranged through the Tutors and Futures Website – to be taken directly by Tutors and Futures from the agreed fee paid by the Tutee for the Tutor’s services.
10) A Tutor takes full responsibility for all information that he provides on the Tutors and Futures Website and must indemnify Tutors and Futures in relation to any liability incurred by Tutors and Futures as a result of such information.
11) A Tutor shall indemnify Tutors and Futures for all claims and liabilities arising out of any use by the Tutor of the Tutors and Futures Website, including costs and expenses incurred.
12) A Tutor must not contact a Tutee he has entered into a Contract with through the Tutors and Futures Website for any other reason than arranging or delivering tuition services arranged through Tutors and Futures.
13) A Tutor must not be in any way abusive about a Tutee or his parent/guardian on the Tutors and Futures Website or in any other place, including online.
14) A Tutor is not an employee of Tutors and Futures and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Tutors and Futures Website. A Tutor may be employed by or perform contracted services for any employer, individual or organisation whilst performing contracted services for Tutors and Futures.
15) All information provided by a Tutor on the Tutors and Futures Website must be accurate and kept up-to-date. This includes a correct first name, surname, email address and qualification/experience/clearance details. Tutor Profile details entered by the Tutor on the Tutors and Futures Website will be publicly visible and may appear in search engine results.
16) Use of the Tutors and Futures Website is entirely at a Tutor’s own risk. A Tutor must exercise complete caution when using the Tutors and Futures Website and entering into any agreements to provide tuition services to a Tutee. Tutors and Futures reserves the right to ban from the Tutors and Futures Website any Tutor failing to abide by these Terms and Conditions.
17) Tutors must not use the Tutors and Futures 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 sending/uploading/posting viruses, worms or malware of any description.
18) Tutors must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
19) Tutors must not post material to the Tutors and Futures Website of which the copyright or intellectual property is or may be the property of another person or body.
Tutee Duties –
20) A Tutee who is under 18 years of age must have a parent/guardian submit a Tutor Request on their behalf and that parent/guardian must enter into any Contract with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Tutors and Futures is not responsible for any disputes regarding parental consent or any problems that a Tutee or parent/guardian has experienced with a Tutor.
21) A Tutee, or where relevant their parent/guardian, is responsible for verifying the identity, credentials, qualifications, experience, references and DBS clearance of any Tutor with whom he enters into or proposes to enter into a Contract. Whilst Tutors and Futures does make efforts to verify information submitted by Tutors, Tutors and Futures does not offer any guarantee that any information provided on the Tutors and Futures Website is accurate and correct.
22) A Tutee, or where relevant their parent/guardian, accepts that his Contract for tuition services is directly with the Tutor. Tutors and Futures is not a party to this Contract and is not responsible for the performance of any obligations agreed or implicitly agreed through actions between the Tutor and Tutee; however, Tutors and Futures reserves the right to ban from the Tutors and Futures Website any Tutee who fails to pay fees agreed with a Tutor. A Tutee also accepts by entering into a Contract with a Tutor arranged through the Tutors and Futures Website that he is liable to pay a £20 Matching Fee to Tutors and Futures prior to the commencement of tuition services – at least 50% of this fee will go towards our Philanthropic initiatives and the Philanthropic portion of the fee will not be refundable under any circumstances. The other portion of the fee may be refundable in such cases where the Tutee, having not been content with the competence of the initial Tutor provided, is also not content with the competence of the Tutor provided as a replacement.
23) A Tutee agrees only to contact a Tutor met through the Tutors and Futures Website about tuition services or business relating to Tutors and Futures.
24) A Tutee agrees not to use Tutors and Futures 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 Tutors and Futures should Contact Us.
25) A Tutee cannot act as an agent to promote the services or opportunities of a company.
26) A Tutee must not publish any abusive comments about a Tutor or a Tutee on the Tutors and Futures Website or in any other place, including online. This include defamatory or derogatory comments.
27) Tutors and Futures is not responsible for any examination or test entry; this is the sole responsibility of the Tutee.
Liability, Indemnity and other provisions –
28) Tutors and Futures has no control over or responsibility for the truth or accuracy of any material available on the Tutors and Futures Website, whether provided by Tutors or others. Third party websites, or links to those websites, may appear on the Tutors and Futures Website. Tutors and Futures does not endorse or have any responsibility for the sites in question or anything that appears on them.
29) Tutors and Futures is not and cannot be responsible for the behaviour of Tutors or Tutees, whether on the Tutors and Futures Website or outside of it. Tutors and Futures only provide a service for a Tutor and Tutee to be matched. Tutors and Futures does make efforts to confirm Tutor credentials and qualifications but cannot guarantee pre-screening or monitoring of all material contributed by – or not declared by – Tutors.
30) Tutors and Futures is not liable for direct, indirect, consequential or any other form of loss or damage that may be suffered by a Tutor or Tutee through the use of the Tutors and Futures Website, including loss of data or information, or any kind of financial or physical loss or damage.
31) Tutors and Tutees agree to indemnify Tutors and Futures against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Tutors and Futures Website.
32) Tutors and Futures does not guarantee that a Tutor will be secured to meet the Tutee’s needs, nor do they guarantee that a Tutor will secure work through use of the Tutors and Futures Website.
33) Tutors and Futures is not responsible for any examination or test grade, level or score received by a Tutee, or for any consequences resulting from that that grade, level or score.
Intellectual Property –
34) The code, brand and intellectual property of the Tutors and Futures Website cannot be reused without Tutors and Futures’s consent. All copyright, trade marks and other intellectual property rights in and relating to the Tutors and Futures Website (including material contributed by Tutors) are owned by Tutors and Futures. It is prohibited to copy, distribute, show in public or create any derivative work from the Tutors and Futures Website, or any of the material which is found on the Tutors and Futures Website without the consent of Tutors and Futures.
35) By submitting any material to the content to the Tutors and Futures Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Tutors and Futures 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 Tutors and Futures to adapt the relevant material; and you waive the right to be identified as the author of the material in question, although Tutors and Futures will make efforts where possible to identify the original author of any material.
Miscellaneous provisions –
36) Tutors and Futures reserves the right to withdraw or modify aspects of the Tutors and Futures Website, or the entirety of it, at any time and for any reason without seeking the permission of, or offering compensation of any kind to, any registered Tutors.
37) Tutors and Futures reserves the right to suspend or terminate a Tutor’s access to the Tutors and Futures Website, or parts of it. Tutors and Futures reserves the right to amend or remove, or require the Tutor to amend or remove, material posted on the Tutors and Futures Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Tutors and Futures Website without prior consent from Tutors and Futures.
38) The open-access nature of the Tutors and Futures Website means that Tutors and Futures cannot prevent determined people whose Tutorship has been suspended or terminated from re-accessing or re-registering as Tutors, in breach of their obligations under these Terms.
39) Tutors and Futures reserves the right to withdraw any material on the Tutors and Futures Website which appears, whether based on information received from Tutors or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Tutors and Futures Website into disrepute. Tutors and Futures does not generally monitor material which appears on the Tutors and Futures Website and Tutors and Futures is reliant upon Tutors to notify Tutors and Futures of anything Tutor’s see here which appears likely to breach these Terms and Conditions.
41) Tutors and Futures may restrict access to the Tutors and Futures Website for any period and if necessary permanently at the sole discretion of Tutors and Futures. Tutors shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
42) Tutors and Futures may monitor postings to the Tutors and Futures Website and communications through the Tutors and Futures Website and have the right to delete and/or block such postings or communications at their sole discretion.
43) Tutors and Futures give no guarantee that the Tutors and Futures Website is free of viruses, worms, malware or any other form of harmful components.
44) Tutors and Futures can not guarantee that any data supplied on locations or distances between postcodes is accurate.
45) Tutors and Futures may use data for statistical analysis and may provide this to interested third parties.
48) 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.
49) English Law and the jurisdiction of English Courts applies to these terms.