TERMS AND CONDITIONS
By creating an account with Top Class Tuition (https://topclasstuition.com) you agree to the Terms and Conditions herein mentioned. Please read these Terms and Condition carefully. New Users (defined below) will be required to accept these Terms and Conditions upon signing up.
Users must ensure that the e-mail address provided is both current and accessible. The Users may update their email address through the Website (defined below).
DEFINITION OF WORDINGS
- The following wordings are defined as follows:
- “Contract” refers to the agreement between the Tutor and the Student / Pupil for the Tutor to undertake services for the Student / Pupil.
- “Website” refers to the website operated by Top Class Tuition.
- “Users” refers to Tutors and Student / Pupils who use the Website.
- “Student / Pupil” refers to the individuals that use the Website with the intention of entering into an agreement with a Tutor for the provision of tuition services by the Tutor to the Student / Pupil or the Student / Pupil’s parent/guardian.
- “Tutor” refers to the individuals that have suitable qualifications and/or experience to provide tuition services in the disciplines promoted by the Tutor on the Website, with the intention of entering into an agreement to provide tuition to the Student / Pupil.
- The Website has been designed to facilitate a Student / Pupil contacting a Tutor and to make it possible for a Student / Pupil to view a Tutor’s profile. Similarly, it has been designed to facilitate the Tutor searching for and establish contact with a Student / Pupil who is in need of a Tutor to assist them.
- A Tutor represents and confirms that they:
(a) Are at least sixteen (16) years of age;
(b) Have the required qualifications and/or experience to provide tuition in the subjects stated by the Tutor on the Website; and
(c) Have no history of criminal activity and have not been part of any criminal proceeding excepting in instances where spent/historic convictions entirely unrelated to children’s work have been prior disclosed to Top Class Tuition.
- Tutors who contact Student / Pupils who are under the age of 18 will ensure that the Student / Pupil has consent from a parent or a guardian to undertake lessons before providing tuition services to the Student / Pupil.
- A Tutor must contact a Student / Pupil only subsequent to an initial overture having been made by the Student/Pupil.
- No forms of abuse must take place on Website or any other place from any User
- A Tutor is strictly not employed by Top Class Tuition and thus takes full responsibility for all Income Tax, National Insurance and other such liabilities arising from use of the Website.
- All information provided by a Tutor on the Website should be accurate and kept up-to-date. This includes the correct name, address, telephone number, possession of an DBS check and qualification/experience details. Tutors accept that information entered by them on the Website will be publicly visible and may appear in search engine results.
- Use of the Website is entirely at a Tutor’s own risk. A Tutor must exercise complete caution when using the Website and contacting a Student / Pupil to provide tutoring services.
- A Tutor is responsible for the fees quoted for his services on the Website and for collection of all fees due to a Tutor from a Student / Pupil. Top Class Tuition is not liable to the Tutor for any fees that have not been paid.
- Once the Tutor has been contacted by the Student, the arrangements for fees and services are to be made exclusively between the Tutor and Student/Pupil. Top Class Tuition is not in any way responsible for the charges and conduct of lessons.
- When a Booking is confirmed, a Student / Pupil enters directly into a contract with the Tutor for the provision of lessons and Top Class Tuition accepts no liability in relation to the Booking Tutor’s provision of lessons
- The Tutor pays Top Class Tuition solely for a subscription (either monthly or annually) to be able to advertise their profile on the Website. Top Class Tuition recommends that Students / Pupils finalise all arrangements via the website’s chat feature, ensuring both parties are completely happy with them, before arranging to meet.
- Top Class Tuition is not responsible for the lessons themselves and holds no liability for missed/cancelled/improperly conducted lessons
- At the point of purchase, the Tutor will receive the Product, namely being listed on the Website, subject to approval and verification. As the service will have already been rendered, this is non-refundable. However, should Top Class Tuition decide for any reason not to approve the Tutor, a full refund will be issued and the subscription cancelled. Tutors may cancel their subscription at any point and this will automatically halt the renewal process. However, this does not entitle the Tutor to a refund of any amount already paid. Renewals will be made on a monthly or annual basis according to the Tutor’s selection, and payment taken from the payment method affiliated to the Tutor and held in the system, until such a time when the subscription is cancelled by the Tutor.
- Tutors, upon subscribing to a premium service, receive access to that service upon payment for the full term stipulated, subject to approval. This is non-refundable, including if the subscription is terminated by them. However, if the approval process is not met, the Tutor will be refunded. No refunds will be issued for Tutors whose accounts and subscriptions are suspended post-approval for a violation of these Terms of Service or for any legal/safeguarding requirements to do so.
Student / Pupil Duties
- A Student / Pupil who is under 18 years of age must have permission from a parent/guardian to register and that parent/guardian must agree to any agreement with a Tutor to undertake tuition services. It is the responsibility of that parent/guardian to check the credentials/background of the Tutor. Top Class Tuition is not responsible for any disputes regarding parental consent or any problems that a Student / Pupil or a parent/guardian has encountered with a Tutor.
- A Student / Pupil, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB/DBS checks and qualifications of any Tutor with whom (s)he enters into or instigates to enter into a Contract. Top Class Tuition does not offer any guarantee that any information provided on the Website is accurate and correct.
- A Student / Pupil, or where relevant their parent/guardian, accepts that the Contract for tuition services is with the Tutor. Top Class Tuition is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Student / Pupil.
- A Student / Pupil must contact a Tutor through the methods provided on the Website. Any other means of communication is prohibited. Any violation of this provision will lead to the suspension and/or deactivation of the User’s account.
- A Student / Pupil must not publish any abusive comments about a Tutor or a Student / Pupil on the Website or any other place. This include defamatory or derogatory comments.
- Top Class Tuition takes no responsibility for examination entry; this is the sole responsibility of the Student / Pupil.
- A Student / Pupil must not pay the Tutor for lessons in advance. Top Class Tuition is not liable for any financial loss that may occur as a result.
- A Student / Pupil must not request a tutor to complete coursework, essays, or other such assignments for them.
- To confirm the first lesson with a Tutor, a Student / Pupil must provide them with a valid payment arrangement.
- Users must not use the Website for illegal, unlawful or prohibited purposes. This includes, but is not exclusive to, the sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or the sending of viruses, malware and worms.
- Users must not impersonate any other person or entity or to use a false name, unauthorised alias or a name that they have no authority to use.
- Users must not to use Top Class Tuition to advertise, promote or search for tuition services for their own company. Tuition agencies wanting to promote their service with Top Class Tuition should contact firstname.lastname@example.org and this may be arranged privately
- Users must not submit material to the Website in which the copyright or intellectual property does or may be suspected to belong to another person or body. This also applies to any material whose ownership is unknown or in doubt. The user commits to indemnify Top Class Tuition against any losses pertaining to this.
Liability, Indemnity and other provisions
- It is expressly agreed that in no event shall Top Class Tuition be liable for any special, direct, indirect, consequential, or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring.
- The Users agrees that services and information contained therein are provided on “as is” and “as available” basis only, without warranty of any kind, and all express, implied or statutory warranties, conditions, representations, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, adequacy and non-infringement or warranty arising out of course of performance, course of dealing or usage or trade are excluded by Top Class Tuition.
- Top Class Tuition does not warrant that the Website will meet the requirements of any person or that it will operate on an uninterrupted or error-free basis.
- The Users are solely responsible for any and all acts or omissions taken or made in reliance on the website or the information contained therein, including inaccurate or incomplete information. The Users are entirely responsible for the information provided within their profile and agree to the Website displaying this information publicly. This includes their photograph, qualifications and contact details. Top Class Tuition does not and cannot independently verify or review the information transmitted through the website for accuracy or completeness.
- Top Class Tuition has no control over or responsibility for the truth or accuracy of any material available on the Website, whether provided by Users or others. Students/Users agree to verify any and all claims made by Tutors upon making contact with them. Tutors agree to provide honest and accurate information to the Website regarding their identity, qualifications and possession of a DBS check. Tutors agree to provide evidence of this information to Students upon their request of it. Third party websites may appear on the Website. Top Class Tuition does not endorse or have any responsibility for the site in question or anything which appears on it.
- Top Class Tuition is not and cannot be responsible for the behaviour of Users, whether on the Website or outside of it. Top Class Tuition merely provides a service for a Tutor and Student / Pupil to be introduced to each other.
- To the fullest extent permitted by law, the Users will indemnify, defend and hold harmless Top Class Tuition from and against any and all Losses, damages (including but not limited to compensatory, consequential, special and punitive damages), demands, claims, costs, penalties, injuries, interest, or expenses (including without limitation reasonable attorney fees and costs) howsoever caused, sustained by you,Top Class Tuition at any time, arising out of or relating to (i) the use, non-use or misuse of the Website or any portion thereof;.
- Top Class Tuition does not guarantee that a Tutor will meet the Student / Pupil’s needs.
- Top Class Tuition is not responsible for any grade obtained by a Student / Pupil or any consequence that that examination grades entails. Any assurances made by a Tutor are precisely that and in no way the responsibility of Top Class Tuition.
- Top Class Tuition’s aggregate liability under this agreement, regardless of theory of liability, shall be limited to the aggregate fees actually paid by the User to Top Class Tuition for the six (6) month period preceding the event first giving rise to the claim.
- The code, brand and intellectual property of the Website cannot be reused without Top Class Tuition‘s consent. All copyright, trademarks, and other intellectual property rights in and relating to the Website (including the material which is contributed by Users) are owned by Top Class Tuition. It is prohibited to copy, distribute, show in public or create any derivative work from the Website, or any of the material which is found on the Website without the consent of Top Class Tuition. Please see our Copyright Notice, which forms part of these Terms and Conditions.
- By submitting any material to the content of the Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Top Class Tuition 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 Top Class Tuition to adapt the relevant material and you waive the right to be identified as the author of the material in question.
- Top Class Tuition reserves the right to modify and amend these Terms and Conditions from time to time.
- Top Class Tuition agrees to pay any legitimately levied invoices for services solicited within a period of no more than 28 days in accordance with legal practice. Any requests to follow an alternative timeframe cannot be guaranteed to be met.
- Top Class Tuition will take precautions it considers appropriate to keep the details of a Tutor and Student / Pupil secure but will not be liable for unauthorised access to the information provided by a Tutor and Student / Pupil on the Website.
- Top Class Tuition is not responsible for appraising information on the Website. Users should exercise complete caution. Despite prohibitions, Users may take it upon themselves to provide information or otherwise behave in a way that is unreliable, misleading or illegal and this is not the responsibility of Top Class Tuition. Further, Top Class Tuition can offer no guarantee that Users are who they say they are.
- Top Class Tuition reserves the right to suspend or terminate a User’s access to the Website, or parts of it. Top Class Tuition reserves the right to remove, or require the User to remove, material posted on the Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Website without prior consent from Top Class Tuition.
- Top Class Tuition reserves the right to withdraw any material on the Website which contravenes these Terms and Conditions.
- Top Class Tuition may restrict access to the Website for any period and, if necessary, permanently, at the sole discretion of Top Class Tuition. Users shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
- Top Class Tuition may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications at their sole discretion.
- Top Class Tuition give no guarantee that the Website is free of viruses worms or any other form of harmful components.
- Top Class Tuition may contact its Users via the details stored on their account, this could include by email and phone.
- Top Class Tuition may use data for statistical analysis and may provide this to interested third parties.
- Non Solicitation: the Members agree not to recruit or hire any employee of Top Class Tuition, either as an employee or consultant, or recruit any such person for another company, while such person is employed or retained by the other party for a period of twelve (12) months after the termination or expiration of this Agreement, whichever period ends at the latest date. This does not include the Tutor who is NOT an employee of Top Class Tuition.
- The distance data supplied on the Top Class Tuition website is calculated using the latitude and longitude of the location provided and is powered by Google Maps. On occasions we only use part of the Postcode, so Top Class Tuition can not guarantee that the data supplied on distances between members is accurate.
- All images on this site not owned by Top Class Tuition have been obtained and used under the full assurance and understanding that they are free to use commercially without citation via a Creative Commons or other similar licence, having been accessed by web designer (BrittSpence.com) on the free-to-use image website pixabay.com under the term that “You can copy, modify, distribute, and use the media, even for commercial purposes, all without asking for permission or giving credits to the artist.”. All other content on this site, excepting that posted by users for which they take full responsibility and agree toTop Class Tuition’s free and unrestricted use of (and for which they wholly indemnify Top Class Tuition against any claims or losses should it be found to infringe copyright), is the property of Top Class Tuition (this includes our source code, design, graphics, User profiles and text) and is copyright 2015-16 and must not be reproduced without prior permission from Top Class Tuition. If you want to use a brief quote from this site you must reference, and link to, the original source at the Website where it was copied from. You must not steal, use or distribute content from this site for use on any other website or elsewhere. We will take action against such websites.
Users are prohibited from reproducing, reselling, republishing, or redistributing any materials from Top Class Tuition in either a machine-readable form or any other form without our express permission.
Please contact us, if you are unsure about these conditions and think you may be in violation of them
Users are responsible for the images they upload to the site and are therefore liable for any costs pertaining to these should they infringe another party’s copyright in any way. However, Top Class Tuition is fully willing to co-operate with third parties who believe that their intellectual property has been (mis)used by a User and Top Class Tuition will remove any such content from the Website upon receipt of notice from a third party that an infringement of copyright has taken place. If such a believed contravention should occur, please contact us on email@example.com .
- These are the entire Terms and Conditions. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
- 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
- English Law and the jurisdiction of English Courts applies to these terms and conditions.