Tutee Registration

TERMS AND CONDITIONS

(Relating to the use of the First Tutors Website)

You must take the time to read and understand it before registering for the First Tutors service. By registering, you accept that you are entering into a contract with us based on these Terms and Conditions. Visitors to the First Tutors service who do not register to become a Member similarly affirm that they are bound by these Terms and Conditions each time they access the First Tutors service. You should be aware that these Terms and Conditions may change from time to time in accordance with Clause 5.18 below.

Important: You must ensure that the e-mail address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change e-mail address, then you must inform us of the new address through your "My details/profile" page.

Note that we are not an internet service provider. In order to avail of the First Tutors service, you must have internet access and all the software (and skills) required for e-mail and web usage.

• 1. Interpretation
  • 1.1 In these Terms of Business ("the Terms") the following expressions shall be given the following meanings:
    • 1.1.1 "Contract" means the period during with a Tutor performs services for the Tutee as agreed between the Tutor and the Tutee.
    • 1.1.2 "First Tutors" means EduNation Ltd, InfoLab21, Lancaster University, LA1 4WA.
    • 1.1.3 "Website" means the website operated by First Tutors.
    • 1.1.4 "Members" means Tutors and Tutees.
    • 1.1.5 "Tutee" means persons utilizing the Website with a view to entering into a formal contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's nominee.
    • 1.1.6 "Tutor" means a person suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the Tutor on the Website with a view to entering into contracts for the provision of tuition to the Tutee or the Tutee's nominee.
    • 1.1.7 "Abuse" means, but is not limited to, breach of the Terms and the use of the Website in such a way as is, in the opinion of First Tutors, unreasonable.
  • 1.2 In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
  • 1.3 All and any business undertaken by First Tutors, a Tutor and/or a Tutee 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 unless expressly otherwise agreed in writing. No variation of these Terms shall be valid if made without the written consent of First Tutors.
  • 1.4 The use of the Website by a Tutor or a Tutee shall be deemed acceptance of and agreement to these Terms.
  • 1.5 These Terms supersede all previous terms of business.
• 2. Obligations of First Tutors
  • 2.1 The Website has been established to allow Tutees to contact Tutors and to view their profiles detailing a Tutor's experience.
  • 2.2 First Tutors will take all reasonable precautions to keep the details of Tutors and Tutees secure but will not be liable for unauthorised access to the information provided by Tutors and Tutees.
• 3. Obligations of a Tutor
  • 3.1 A Tutor warrants that he is of at least eighteen years of age, has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Website.
  • 3.2 A Tutor shall indemnify First Tutors from all claim liabilities costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected disclosed and undisclosed arising out of any use by the Tutor of the Website.
  • 3.3 A Tutor shall accept full responsibility for the prices quoted for his services on the Website and for collection of all fees due to the Tutor from any Tutee.
  • 3.4 A Tutor will not include identifying information such as telephone number e-mail address message services identifiers voIP identifiers postal address website address or name, company name, tuition agency or organisation through which the Tutor can be contacted or any other contact information on the website or in any messages sent to other Members whether through the Website or by any other means of communication. If there is a preponderance of evidence to suggest a Tutor has successfully broken term 3.4 we will invoice the Tutor at the same rate as our Quick Buy clients (£15) to cover the cost of the introduction and add this payable sum to your member's account to be paid online.
  • 3.5 Immediately on formalisation of any Contract to make payment to First Tutors of a fee of Two Pounds and Fifty Pence (£2.50) plus three and a half percent (3.5%) of the Tutors total quoted fee for the Contract to a maximum of five hours, and two percent of the Tutors total quoted fee for the Contract for any additional hours up to a maximum of ten hours.
  • 3.6 Tutors are asked to make payment within 30 days of being introduced to a Tutee. First Tutors may offer discretionary discounts for early payers but reserves the right to withdraw this at any time. Where a payment is not made within 30 days, First Tutors will charge interest at Bank of England base rate plus 8% as recommended by the Late Payment legislation for small businesses.
  • 3.7 In responding to feedback of Tutees posted on the Website a Tutor shall not be personally abusive about a Tutee or his nominee.
  • 3.8 A Tutor accepts full responsibility for all information published by him on the Website and shall indemnify First Tutors in relation to any liability incurred by them as a result of such information.
  • 3.9 A Tutor shall secure payment from a Tutee for services provided pursuant to a Contract direct and shall not seek to recover any payment from First Tutors.
  • 3.10 A Tutor hereby acknowledges that First Tutors are not liable to the Tutor for reimbursement of any fees paid pursuant to these Terms in the events of any cancellation of any Contract for any reason.
  • 3.11 A Tutor acknowledges that he is not an employee of First Tutors and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated by a Contract.
  • 3.12 A Tutor must pay fees outstanding one month in arrears or First Tutors can terminate their membership and seek payment through the courts (via standard legal proceedings).
  • 3.13 A Tutor undertakes to register for the First Tutors service using accurate and current information about himself - including his correct name, address, telephone number, qualifications and any other requested details.A tutor understands details entered by the tutor on the website will be publicly visible and may appear in search engine results.
• 4. Obligations of Tutees
  • 4.1 A Tutee acknowledges that it is his responsibility to verify the credentials expertise references CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract.
  • 4.2 A Tutee shall indemnify First Tutors in relation to any liability arising from a Tutee's use of the Website and all matters arising from such use.
  • 4.3 A Tutee shall not include identifying information such as telephone number e-mail address message services identifiers voIP Identifiers postal address website address company names or any other contact information in messages posted by the Tutee on the Website or in messages sent to other Members. If there is a preponderance of evidence to suggest a Tutee has successfully broken term 4.3 we will invoice the Tutee at the same rate as our Quick Buy clients payable within 10 working days (e.g. if four Tutors receive contact details, you will be billed for the Quick Buy equivalent of four Tutors).
  • 4.4 A Tutee shall not use this site to promote his/her company or to seek tuition on behalf of his/her company, nor may an agency acting for a company register to promote their services or opportunities, or a school register looking to place a tutor or staff. Companies and schools should talk to our sister service, Bright Tutors, www.brighttutors.co.uk. Tuition agencies wishing to work with us should contact us in the first instance.
  • 4.5 A Tutee acknowledges that a Contract shall be completed by his finalising the choice of Tutor and confirming that request to First Tutors via the Website whereupon the Tutee shall be liable to make payment of a fee of £7.50 immediately to First Tutors and accepts that the payment of this fee is a pre-requisite for release of the Tutor's contact details.
  • 4.6 Alternatively, a Tutee may make a payment of £15 or more to First Tutors for the release of a Tutor's Contact Details without finalising this choice through discussion with the chosen Tutor. In this case, First Tutors cannot guarantee the availability of the chosen tutor and will not offer a refund.
  • 4.7 First Tutors does offer to those Tutees choosing 'immediate release of a Tutor's details' outlined in 4.5 the option to register with sister service Bright Tutors free of charge so that a Tutor may be located at a fee of less than £35 per hour, should the Tutee's choice of Tutor through First Tutors be unavailable. This offer does not apply if the Tutor chosen through First Tutors is willing to tutor the Tutee. Bright Tutors does not undertake to match the price quoted by a Tutor on the First Tutors website.
  • 4.8 A Tutee must not publish any defamatory or derogatory comments concerning a Tutor on the Website or in any communications with other Members whether on the Website or through any other medium.
  • 4.9 A Tutee acknowledges that a Contract is between a Tutor and Tutee and First Tutors are not a party to such Contract and are not responsible for the performance of the Tutors obligations nor for collecting and distributing payments from a Tutee to a Tutor.
  • 4.9.1 A Tutee hereby confirms that he is not less than eighteen years of age. Tutees who are less than 18 years of age may have their tuition requests closed and their membership terminated unless they can demonstrate to First Tutors that they are able to pay for any tuition arrangement they may reach with a Tutor.
• 5 Miscellaneous
  • 5.1 The Members acknowledge the data supplied on the Website concerning distances between postcodes is calculated "as the crow flies" and no warranty is given concerning the same.
  • 5.2 The Members acknowledge that First Tutors may use data for statistical analysis and may provide this to interested third parties.
  • 5.3 Members acknowledge the right of First Tutors to restrict their access to the website for any period and if necessary permanently at the sole discretion of First Tutors and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.
  • 5.4 The Members acknowledge that First Tutors may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
  • 5.5 No Member may use the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material.
  • 5.6 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.
  • 5.7 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
  • 5.8 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.
  • 5.9 Members acknowledge that First Tutors are not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
  • 5.10 Members acknowledge that First Tutors give no guarantee that the Website is free of viruses worms or any other form of harmful components.
  • 5.11 The code, brand and intellectual property of the First Tutors Website cannot be reused without EduNation Ltd's written permission. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the First Tutors service (including the material which is contributed by Members) are owned by First Tutors. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the First Tutors service, or any of the material which is found on the First Tutors service unless properly licensed to do so by us. Please see our Copyright Notice, which forms part of these Terms and Conditions.
    By submitting any material to the content to the First Tutors service, you:
    • are representing that you are fully entitled to do so;
    • grant us 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, anywhere; and
    • authorise us to adapt the relevant material 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.
  • 5.12 First Tutors do not guarantee to secure a Tutor for a Tutee.
  • 5.13 First Tutors assume no responsibility for examination entry which is the sole responsibility of the Tutee.
  • 5.14 First Tutors accept no responsibility for any grade received by a Tutee or any consequence that examination grades entail.
  • 5.15 The total liability in contract tort (including negligence or breach of statutory duty), in misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to the price paid by the Member to First Tutors under a Contract.
  • 5.16 Non-excluded Liabilities. Nothing in these Terms and Conditions limits First Tutors's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
  • 5.17 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the First Tutors service.
  • 5.18 All Members acknowledge the right of First Tutors at their discretion to vary the features of the Website and the Terms of use at anytime. First Tutors reserves the right to change these Terms and Conditions with its Members from time to time, and post the new version on the First Tutors service. When we do so, we notify Members of the fact that there are changed terms in the News section and post a link to the new Terms and Conditions there. These Terms and Conditions, and any new version of it in the future, takes effect immediately.
  • 5.19. If a tutor or tutee is asked for, and provides, details of a credit, debit or charge card, he must ensure that he is fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
  • 5.20 As part of the registration process for the First Tutors service, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions which you must follow.
  • 5.21 Privacy policy. First Tutors's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the First Tutors service (including any which contain personal information) is, of course, accessible to internet users around the world.
  • 5.22 First Tutors's Role. You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the First Tutors service or outside of it. We only provide a venue where the First Tutors Service may be accessed. In particular, you should be aware that First Tutors does not generally pre-screen or monitor the material contributed by Members.
  • 5.23 Operation of First Tutors services. First Tutors reserves the right to withdraw or modify aspects of the First Tutors service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the First Tutors service becomes inaccessible as a result of technical difficulties experienced by First Tutors or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
  • 5.24 Misuse of First Tutors service. We reserve the right (a) to suspend or terminate any Member's access to the First Tutors service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the First Tutors service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of these Terms and Conditions. Any person whose access has been suspended or terminated must not re-register for, or re-access, the First Tutors service without our prior consent. You are responsible for everything which is done on or through the First Tutors service while your Membership account is logged on to the First Tutors service, or through your e-mail address(es). In addition, we reserve the right to suspend or terminate any Member's access to the First Tutors service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member or our staff and directors, whether or not through the First Tutors service. For completeness, where we reserve a right in these Terms and Conditions, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the First Tutors service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
  • 5.25 Alerting First Tutors. If you see anything on the First Tutors which appears to infringe these Terms and Conditions, then please contact us to inform us of it. We do not generally monitor material contributed by Members before it is placed on the First Tutors service and so we are reliant upon users to point out any which infringes these Terms and Conditions.
  • 5.26 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the First Tutors service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the First Tutors service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the First Tutors service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach these Terms and Conditions, using the notification techniques which are made available on the First Tutors service.
  • 5.27 Disclaimer and Release. First Tutors has no control over or responsibility for the truth or accuracy of any material available on the First Tutors service, whether provided by Members or others.
    • If any third party sites are linked to from the First Tutors service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
    • You should exercise no lesser degree of caution in appraising what you see on the First Tutors service than you do offline.
    • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
    • Your use of the First Tutors service is entirely at your own risk.
    Accordingly, to the extent that the law permits, you release First Tutors its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the First Tutors service and the material included here by Members and other third parties.
  • 5.28 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant First Tutors service or prior to any fees being taken.
  • 5.29 Important Note: releasing a Tutor's details. If you decide to release a Tutor's details, and therefore pay our Introduction fee, you are agreeing to take the Tutor's details we make available to you promptly after that fee is paid both by e-mail and also via your Private Member's area within the First Tutors website. This means that you do not have the right to cancel your purchase during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
  • 5.30 Entire Terms and Conditions. These Terms and Conditions include our privacy policy, website disclaimer and copyright notice. Together they contain the whole of the agreement between us and you concerning the First Tutors service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
  • 5.31 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.
  • 5.32 These Terms will be subject to English Law and the jurisdiction of English Courts.