Customer Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

1. What is TutorGenius?

1.1 TutorGenius is an electronic platform through which Tutors can offer private tuition providing one-on-one lessons via the internet to Student users of the Website. Tutors using the Website provide expert private tuition to Students at all levels from Key Stage 1 up to postgraduate level.

1.2 Tutors are self-employed. They are not employed or engaged by TutorGenius Tutors and are not the responsibility of TutorGenius .

1.3 TutorGenius does perform quality checks and Disclosure and Barring Searches (formerly CRB checks) on Tutors. The inclusion of a Tutor does not constitute a representation or warranty by TutorGenius that such Tutor is suitable and qualified to provide the tuition which he provides through the Website.

2. What are these terms of service?

2.1 These Terms of Service set out the terms on which TutorGenius offers the Website and the Services.

2.2 Please review these Terms of Service carefully and make sure that you understand them before using the Website and/or the Services. If you do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.

3. Definitions

“Free Trial” means a free trial Session with a Tutor during which the Student can evaluate the suitability of the Tutor for the tutoring he requires.

“Services” means all those services provided through the Website by TutorGenius . These include the provision of the Website, the content contained therein and the medium through which Students can access Tutor Services. The Services do not include Tutor Services.

“Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.

“Student” means any user of the Tutor Services.

“Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.

“Tutor” means a user of the Website who has signed up to and acknowledged the Tutor Terms of Service.

“Your” and “You” means the person accessing, downloading or using the Website and/or the Services for the purposes of seeking tuition from a Tutor or where such person is a minor, his/her parent, guardian or any person or entity in loco parentis in respect of such minor. Where you are a parent, guardian or in loco parentis in respect of a Student, obligations herein to do something or to refrain from doing something are obligations to procure that the Student under your control does the relevant thing or refrains from doing the relevant thing.

“Website” means any website published by TutorGenius from time to time including without limitation the website at www.TutorGenius.co.uk and its subdomains, any associated social networking profiles and any applications for mobile devices published by TutorGenius from time to time.

4. Acceptance of these terms of service

4.1 By using the Website, You accept and agree to be bound by these Terms of Service.

4.2 TutorGenius may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address entered by you into the registration form on the Website) and/or by

4. Acceptance of these terms of service

4.1 By using the Website, You accept and agree to be bound by these Terms of Service.

4.2 TutorGenius may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.

4.3 You can review the most current version of our Terms of Service at any time by clicking on the “Student Terms of Service” link located at the bottom of the Website. It is your responsibility to ensure that you are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.

5. Your conduct

5.1 You agree and undertake to:

(a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password; and

(b) treat Your Tutor with respect and to refrain from abusive, racist, homophobic, sexist or defamatory language at all times.

5.2 Your protection and safety is of great importance to us. For this reason You must never give Your personal contact details to any Tutor. This includes Your [Skype] (or other online chat) username, telephone number, email address, home address or Facebook (or other social networking account) username. In the event that a Tutor requests any such information, You undertake and agree to tell Your parent, guardian and/or teacher (where you use the Website at school) straight away and to simultaneously notify TutorGenius.

5.3 You undertake and agree not to attempt to, or to actually, contact any Tutor other than through the Website.

5.4 By downloading and/or using the Website, you agree not to:

(a) upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;

(b) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;

(c) attempt to gain access to secured portions of the Website to which You do not possess access rights;

(d) impersonate any other person while using the Website;

(e) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;

(f) resell or export the software associated with the Website;

(g) use the Website to generate unsolicited advertisements or spam;

(h) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or

(i) interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.

5.5 Any breach of the obligations in this paragraph 5 will lead to the automatic and immediate termination of Your access to the Website.

6. Our rights

6.1 In providing You with access to the Website, TutorGenius reserves the following rights, and in accessing, browsing or otherwise using the Website You grant to TutorGenius and agree that TutorGenius shall have the following rights:

(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in TutorGenius ’s sole and absolute discretion You violate or breach any of these Terms of Service;

(b) the right to amend or update the Website, billing methods or these Terms of Service from time to time;

(c) the right to report You to the police or other judicial body if TutorGenius believes in its sole and absolute discretion that Your conduct is or may be unlawful; and

(d) the right to remove any Tutor from the Website and prevent any Tutor from providing the Services.

6.2 You acknowledge and agree that we may record and/or monitor some or all sessions that You undertake with a Tutor for the purposes of crime prevention and to ensure that users do not breach any provision of these Terms of Service.

6.3 TutorGenius will store, use and disclose any recordings we make in accordance with our Privacy Policy which can be found at the bottom of the Website by following the link “Privacy Policy”. As set out in the Privacy Policy, TutorGenius may disclose any recording to the police or other appropriate law enforcement agency without Your consent if TutorGenius believes in its sole and absolute discretion that You or a Tutor have broken the law.

7. Free trials

7.1 In order to start using the Services, You must choose a Tutor using the Website and commence a Free Trial. During a Free Trial You may undertake a Session with a Tutor without charge. During the Session, You will have the opportunity to discuss Your learning objectives with the Tutor and to experience the Tutor’s teaching style. You are only permitted one Free Trial with each Tutor. You are permitted to undertake a Free Trial with more than one Tutor. However, TutorGenius reserves the right to prevent You from undertaking Free Trials where it considers in its sole and absolute discretion that Your usage of Free Trials is more than is reasonable.

7.2 No Tutor is obliged to permit You to undertake a Free Trial with him. Furthermore, no Tutor is obliged to permit You to commence further paid Sessions with him. By booking a Free Trial with a Tutor, You request a Free Trial. Occasionally, the Tutor my refuse to accept the request. This may be because he does not have capacity or because he does not feel that he is suited to Your educational needs.

8. Booking a session

8.1 When You have completed Your Free Trial, You may wish to undertake further sessions with a Tutor with whom You have undertaken a Free Trial.

8.2 In order to undertake further Sessions, You must purchase one or more Sessions through the Website. By purchasing one or more Sessions, You enter into a direct contract with the Tutor for the provision of the Tutor Services.

8.3 The price charged for a Session includes the Fee payable to the Tutor, TutorGenius ’s fee for provision of the Website and any applicable VAT. You must never make any additional payment to a Tutor or provide a Tutor with your bank account, PayPal or card details.

8.4 Tutors are self-employed and act on a freelance basis. They are not employed or otherwise under the control of TutorGenius . Tutors do not have any the power to bind TutorGenius .

8.5 Sessions are non-transferable and a Session can only be used only for the Tutor with whom the Session was booked.

8.6 In the event that You wish to use a different Tutor, You must purchase separate Sessions with that Tutor.

8.7 In the event that a Session is postponed or cancelled by You in accordance with clause 9.1 or otherwise by the Tutor, or if the Session cannot take place due to the occurrence of an event detailed in clause 9.3, You must notify TutorGenius within 24 hours of the scheduled time and date of such Session. Failure to notify TutorGenius may result in you being charged for such Session.

9. Cancellations and refunds

9.1 In the event that a Student wishes to cancel a Session with a Tutor, he must notify the Tutor no less than 2 hours prior to the allotted appointment time. If less than 2 hours’ notice is given, the Student will be charged the full amount for the Session.

9.2 In the event that a Student believes that the Tutor Services are not suitable, he may not cancel any Sessions and/or transfer any Sessions to another Tutor. In very rare circumstances, in the sole and absolute discretion of TutorGenius , a Student may be permitted to transfer any unused Sessions to another Tutor.

9.3 In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter the responsibility of TutorGenius , the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.

9.4 Refunds are not available for any Sessions purchased by a Student.

10. Quality of tutor services

10.1 TutorGenius is not responsible for the quality of Tutor Services or for the non-performance of Tutor Services by a Tutor.

10.2 In the event that a Student believes that a Tutor has not performed the Tutor Services, has been deficient in the performance of the Tutor Services or there is an unresolved dispute with a Tutor, the Student should contact TutorGenius who will endeavour to resolve such matter.

10.3 The Student acknowledges and agrees that the provision of Tutor Services is the sole responsibility of the Tutor and that TutorGenius is not liable for any aspect of the performance of the Tutor Services.

11. Reviews

11.1 You can review a Tutor with whom you have undertaken a Session. Reviews are published in the sole and absolute discretion of TutorGenius . TutorGenius may summarise, abbreviate and/or rephrase any review submitted by you. TutorGenius may decline to publish a review where TutorGenius considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with the Tutor.

11.2 By writing and submitting a Review, You grant to TutorGenius an irrevocable licence to publish such review in full or abbreviated form on the Website or any other medium including without limitation its social networking profiles.

11.3 TutorGenius will never publish your full name in connection with any review.

12. Intellectual property

12.1 TutorGenius and/or its licensor(s) are the sole owners of the Website.

12.2 TutorGenius brand and the Website are protected by UK and International copyright and other intellectual property laws. We permit you to use the Materials for non-commercial use only and we grant you a limited license solely for that purpose. Without limitation, this means that You may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website or as part of the Services for any commercial purpose or for any other reason without TutorGenius ’s prior express written consent.

12.3 Materials provided by a Tutor and any concepts, models or other tutoring tools shall belong to the Tutor. The Tutor grants the Student a limited revocable licence to use such material solely for the purposes of participating in the Tutor sessions. Without limitation You may not distribute, copy, sell or otherwise use any such material without the prior written consent of the Tutor.

12.4 You are not permitted to record any Tutor session under any circumstances. Any recording of any Tutor session shall belong to TutorGenius and shall not be reproduced for any reason without the prior written consent of TutorGenius .

12.5 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. TutorGenius reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.

12.6 TutorGenius and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of TutorGenius . They may not be used without TutorGenius ’s prior express written permission.

12.7 All other trademarks not owned by TutorGenius that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by TutorGenius .

13. Electronic communications

13.1 You consent to receiving electronic communications and notices from TutorGenius and any Tutor with whom You book a Free Trail or purchase one or more Sessions. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Privacy

14.1 You provide us with information when You register on the Website and/or use the Services. We may store such information and use it to improve the Services we provide through the Website. Any information that You submit or that we collect when You are using the Website is subject to TutorGenius Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.

14.2 TutorGenius continually tries to keep all information secure from unauthorised access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information You submit is done so at Your own risk.

14.3 Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.

15. No warranty and liability limit

15.1 TutorGenius provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. TutorGenius specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).

15.2 TutorGenius assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.

15.3 TutorGenius is not responsible for the provision of Tutor Sessions by Tutors.

15.4 In no event shall TutorGenius , its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.

15.5 TutorGenius does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of TutorGenius . If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

15.6 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.

15.7 TutorGenius specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.

15.8 Use of a Tutor is no guarantee of a certain result. No Tutor offers any guarantee that a Student using his services will reach a particular standard or pass any examination. By using the Website and any Tutor, You irrevocably disclaim any claim You may have against such Tutor in respect of the quality of tutoring provided by the Tutor and/or the content, format, method or other approach to any tutoring session provided by such Tutor.

16. Interruptions and suspension of the website

16.1 TutorGenius does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation:

(a) the performance of scheduled maintenance including on servers and data lines;

(b) the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;

(c) a failure by or error in respect of any service provider including without limitation any server or data line;

(d) an attack on the security or system integrity of the Website including any denial of service attack; and

(e) the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.

16.2 For the avoidance of doubt, without prejudice to the provisions of paragraph 15, TutorGenius shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.

17. Indemnity

You agree to indemnify and hold TutorGenius and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.

18. Disputes

18.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, TutorGenius ’s advertising or any related transaction between You and TutorGenius shall be governed by and construed in accordance with English law.

18.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Termination

TutorGenius may change or discontinue the availability of the Website or any part thereof at any time without prior notice. TutorGenius reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.

20. General

20.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

20.2 TutorGenius may change or discontinue provision of the Services or the Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the terms of Service set forth herein (without prejudice to our accumulated rights against You). In the event of any termination, you will immediately cease use of the Services and Website.

20.3 These Terms of Service are agreed between you and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.

20.4 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

20.5 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

20.6 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

20.7 These Terms of Service set forth the entire understanding and agreement between You and TutorGenius with respect to the subject matter hereof.

Tutor Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

1. What is TutorGenius?

1.1 TutorGenius is an electronic platform through which Tutors can offer private tuition providing one-on-one lessons via the internet to Student users of the Website. Tutors using the Website provide expert private tuition to Students at all levels from Key Stage 2 up to postgraduate level.

1.2 Tutors are self-employed. TutorGenius is not liable for the payment of any tax by the Tutor or on his behalf. TutorGenius will not withhold amounts in respect of PAYE from any sums payable to the Tutor.

1.3 TutorGenius does not perform checks on Students. TutorGenius is not liable in respect of the behaviour of any Student or other use of the Website.

2. What are these terms of service?

2.1 These Terms of Service set out the terms on which TutorGenius offers the Website and the Services.

2.2 Please review these Terms of Service carefully and make sure that You understand them before using the Website and/or the Services. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.

3. Definitions

“Commission” means the commission payable to you in respect of Sessions at the rate set out in the fees schedule which can be found at the bottom of the Website.

“Free Trial” means a free trial Session with a Tutor during which the Student can evaluate the suitability of the Tutor for the tutoring he requires.

“Services” means all those services provided through the Website by TutorGenius . These include the provision of the Website, the content contained therein and the medium through which Tutors can provide Tutor Services. The Services do not include Tutor Services.

“Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.

“Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.

“Student” means any user of the Tutor Services.

“TutorGenius ”, “We” and “Us” means Bigfoot Education Limited, a limited company incorporated in England with registered number 06769054 and registered address at c/o Patrick Wilson, 6-8 Standard Place, London EC2A 3BE.

“Tutor” “Your” and “You” means a user of the Website who has signed up to and acknowledged the Tutor Terms of Service.

“Website” means any website published by TutorGenius from time to time including without limitation the website at wwwtutorgenius.co.uk and its subdomains, any associated social networking profiles and any applications for mobile devices published by TutorGenius from time to time.

4. Acceptance of these terms of service

4.1 By using the Website, You accept and agree to be bound by these Terms of Service.

4.2 TutorGenius may at any time modify these Terms of Service. We will notify You of any changes to these Terms of Service either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.

4.3 You can review the most current version of our Terms of Service at any time by clicking on the “Tutor Terms of Service” link located at the bottom of the Website. It is your responsibility to ensure that You are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.

5. Information provided

5.1 In providing any information, you represent and warrant that all such information is complete, accurate and not misleading.

5.2 You further undertake to promptly update such information using the Website in the event that it changes or ceases to be complete, accurate and not misleading.

5.3 You acknowledge and agree that both TutorGenius and Students are permitted to, and may, rely on the accuracy and completeness of the information provided by You and that any inaccuracy in such information (particularly with reference to Your qualifications and educational experience) may give rise to liability on Your part.

6. Disclosure and barring service checks

6.1 TutorGenius may in its sole and absolute discretion perform DBS checks itself or may require Tutors to provide such checks to it. By accepting these Terms of Service and/or applying to become a Tutor, You authorise TutorGenius to apply for one or more DBS checks, to disclose the results of such DBS checks to its staff and professional advisors and to record and retain any DBS check for its records during such time as You remain a Tutor and for 12 months thereafter.

6.2 You acknowledge and agree that TutorGenius may in its sole and absolute discretion perform further DBS checks on You from time to time. You undertake to promptly provide any consent and/or information required by TutorGenius to enable it to secure such DBS checks.

6.3 You acknowledge and agree that if You are accused, arrested, charged, cautioned or convicted of an offence against the person, a sexual offence or an offence against a child (each a “Relevant Offence”), such event may not be reflected on a DBS check performed on You due to such event not being disclosable, or such event not yet being recorded on the DBS’ record.

6.4 You acknowledge and agree that it is not the intention of TutorGenius for you to be permitted to act as a Tutor when You have been convicted of a Relevant Offence and TutorGenius shall immediately prevent You from acting as a Tutor upon it becoming aware of any such conviction.

6.5 You further acknowledge and agree that TutorGenius may in its sole and absolute discretion prevent you from acting as a Tutor when you have been accused, arrested, charged or cautioned with a Relevant Offence.

6.6 You undertake to promptly notify TutorGenius in writing in the event that You are accused, arrested, charged, cautioned or convicted of a Relevant Offence.

7. Complaints

7.1 Although extremely unlikely, a Tutor may be accused by a Student or (in the case of a minor) a Student’s parent or guardian of inappropriate behaviour towards a Student or other person. This can be extremely distressing and upsetting to the Tutor.

7.2 In order to reduce the possibility of this occurring, it is very important that You do not seek to contact, or otherwise communicate or interact with any Student outside of the Website and the software provided therein.

7.3 Where a Student or a Student’s parent or guardian does make a complaint of inappropriate behaviour, You must contact TutorGenius immediately and must take all reasonable steps to distance Yourself from the Student. This includes not arranging or undertaking any further Sessions with the Student.

7.4 TutorGenius tries to deal with complaints internally so as to bring a quick conclusion to any complaint. TutorGenius deals with all complaints fairly and without prejudice. Notwithstanding the foregoing, TutorGenius will take immediate steps to enforce any breach by a Tutor of these Terms of Service.

8. Your conduct

8.1 You agree and undertake to:

(a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password; and

(b) treat any Student tutored by You with respect and to refrain from abusive, racist, homophobic, sexist or defamatory language at all times.

8.2 You undertake and agree never to give Your personal contact details to any Student or to request any personal contact details from any Student. This includes [Skype] (or other online chat) username, telephone number, email address, home address or Facebook (or other social networking account) username. In the event that You request any such information, TutorGenius shall be permitted in its sole and absolute discretion to block Your access to the Website and prevent You from acting as a Tutor and may take any such further action as it deems appropriate.

8.3 You undertake and agree not to attempt to, or to actually, contact any Student other than through the Website.

8.4 You undertake and agree not to request or receive the bank account, PayPal or card details of any Student (or his parent or guardian). Or provide your bank account, PayPal or card details to any Student (or his parent or guardian). You acknowledge that it constitutes a material breach of these Terms of Service to attempt to circumvent TutorGenius by receiving payment from or in respect of a Student outside of the Website.

8.5 By downloading and/or using the Website, You agree not to:

(a) upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;

(b) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;

(c) attempt to gain access to secured portions of the Website to which You do not possess access rights;

(d) impersonate any other person while using the Website;

(e) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;

(f) resell or export the software associated with the Website;

(g) use the Website to generate unsolicited advertisements or spam;

(h) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or

(i) interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.

8.6 Any breach of the obligations in this paragraph 5 will lead to the automatic and immediate termination of Your access to the Website.

9. Our rights

9.1 In providing You with access to the Website, TutorGenius reserves the following rights, and in accessing, browsing or otherwise using the Website You grant to TutorGenius and agree that TutorGenius shall have the following rights:

(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in TutorGenius ’s sole and absolute discretion You violate or breach any of these Terms of Service;

(b) the right to amend or update the Website, billing methods or these Terms of Service from time to time;

(c) the right to report You to the police or other judicial body if TutorGenius believes in its sole and absolute discretion that Your conduct is or may be unlawful; and

(d) the right to remove any Tutor from the Website and prevent any Tutor from providing the Services.

9.2 You acknowledge and agree that we may record and/or monitor some or all sessions that You undertake with a Tutor for the purposes of crime prevention and to ensure that users do not breach any provision of these Terms of Service.

9.3 TutorGenius will store, use and disclose any recordings we make in accordance with our Privacy Policy which can be found at the bottom of the Website by following the link “Privacy Policy”. As set out in the Privacy Policy, TutorGenius may disclose any recording to the police or other appropriate law enforcement agency without Your consent if TutorGenius believes in its sole and absolute discretion that You or a Tutor have broken the law.

10. Your status

10.1 Your relationship with TutorGenius will be that of independent contractor and nothing in these Terms of Service shall render You an employee, worker, agent or partner of TutorGenius and You shall not hold Yourself out as such.

10.2 These Terms of Service constitutes a contract for the provision of services to Students and not a contract of employment with either of TutorGenius or any Student and accordingly You shall be fully responsible for and shall indemnify TutorGenius for and in respect of:

(a) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Tutor Services, where the recovery is not prohibited by law; and

(b) any liability arising from any employment-related claim or any claim based on worker status including for the avoidance of doubt and without limitation any claim based on the Agency Workers Regulations 2010 (including reasonable costs and expenses and any fine imposed on TutorGenius ) brought by You or any governmental body or by any other person on behalf of You against TutorGenius arising out of or in connection with the provision of the Tutor Services.

11. Free trials

11.1 In order to start using the Services, a Student must choose a Tutor using the Website and commence a Free Trial. During a Free Trial a Student may undertake a Session with you without charge. During the Session, the Student will have the opportunity to discuss his/her learning objectives with you and to experience the Your teaching style. Each Student is only permitted one Free Trial with each Tutor. A Student is permitted to undertake a Free Trial with more than one Tutor.

11.2 You are not obliged to provide a Free Trial to any Student. Furthermore, you are not obliged to permit a Student to commence further paid Sessions with You.

12. Booking a session

12.1 When a Student has completed his/her Free Trial, he/she may wish to undertake further sessions with you.

12.2 In order to undertake further Sessions, the Student must purchase one or more Sessions through the Website. By purchasing one or more Sessions, the Student enters into a direct contract with you for the provision of the Tutor Services.

12.3 The price charged for a Session includes the Fee payable to You, TutorGenius ’s fee for provision of the Website and any applicable VAT.

12.4 Sessions are non-transferable and a Session booked with you can only be used with you.

12.5 In the event that You wish to discontinue any Session or series of Sessions with a Student, you must contact TutorGenius . In such circumstances, we may in our sole and absolute discretion refund the Student for any unused Sessions or allocate the Student to another Tutor.

13. Cancellations and refunds

13.1 In the event that a Student wishes to cancel a Session with You, he must notify you no less than 2 hours prior to the allotted appointment time. If less than 2 hours’ notice is given, the Student will be charge the full amount for the Session.

13.2 In the event that you wish to cancel a Session, You must notify the Student no less than 2 hours prior to the allotted appointment time. If less than 2 hours’ notice is given, you will be required to provide the postponed Tutor Session for free.

13.3 In the event that a Student believes that the Tutor Services are not suitable, he may not cancel any Sessions and/or transfer any Sessions to another Tutor. In very rare circumstances, in the sole and absolute discretion of TutorGenius , a Student may be permitted to transfer any unused Sessions to another Tutor.

13.4 In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter the responsibility of TutorGenius , the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.

13.5 Refunds are not available for any Sessions purchased by a Student.

14. Payment

14.1 TutorGenius collects payment from the Student in respect of each session purchased by a Student. On receipt of payment, we will notify you that the Student has paid for X sessions with you.

14.2 Once a Student has purchased one or more Sessions with You, he can book a Session.

14.3 Unless we are notified otherwise by the Student within 24 hours of the scheduled date and the time of a Session; you will be credited as having taught the session.

14.4 Within 14 days of the end of each calendar month, TutorGenius will pay to Your bank account (as notified to us from time to time) an amount in respect of the Commission earned by You in the previous calendar month.

14.5 TutorGenius shall be permitted to amend the rate of Commission from time to time by giving You no less and one calendar month’s notice.

15. Reviews

15.1 A Student can review You when he/she has undertaken a Session with You. Reviews are published in the sole and absolute discretion of TutorGenius . TutorGenius may summarise, abbreviate and/or rephrase any review submitted by a Student. TutorGenius may decline to publish a review where TutorGenius considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with You.

15.2 By performing Tutor Services You permit to TutorGenius to publish any review submitted by a Student about You in full or abbreviated form on the Website or any other medium including without limitation its social networking profiles.

16. Intellectual property

16.1 TutorGenius and/or its licensor(s) are the sole owners of the Website.

16.2 TutorGenius brand and the Website are protected by UK and International copyright and other intellectual property laws. We permit You to use the Materials for non-commercial use only and we grant You a limited license solely for that purpose. Without limitation, this means that You may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website or as part of the Services for any commercial purpose or for any other reason without TutorGenius ’s prior express written consent.

16.3 Materials provided by a Tutor and any concepts, models or other tutoring tools shall belong to the Tutor. The Tutor grants the Student a limited revocable licence to use such material solely for the purposes of participating in the Tutor sessions. Without limitation You may not distribute, copy, sell or otherwise use any such material without the prior written consent of the Tutor.

16.4 You are not permitted to record any tutor session under any circumstances. Any recording of any Tutor session shall belong to TutorGenius and shall not be reproduced for any reason without the prior written consent of TutorGenius .

16.5 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. TutorGenius reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.

16.6 TutorGenius and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of TutorGenius . They may not be used without TutorGenius ’s prior express written permission.

16.7 All other trademarks not owned by TutorGenius that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by TutorGenius .

17. Electronic communications

17.1 You consent to receiving electronic communications and notices from TutorGenius . You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

18. Privacy

18.1 You provide us with information when You register on the Website and/or use the Services. We may store such information and use it to improve the Services we provide through the Website. Any information that You submit or that we collect when You are using the Website is subject to TutorGenius Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.

18.2 TutorGenius continually tries to keep all information secure from unauthorised access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information You submit is done so at Your own risk.

18.3 Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.

19. No warranty and liability limit

19.1 TutorGenius provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. TutorGenius specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).

19.2 TutorGenius assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.

19.3 TutorGenius is not responsible for the attendance of Students at Tutor Sessions.

19.4 In no event shall TutorGenius , its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.

19.5 TutorGenius does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of TutorGenius . If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

19.6 From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.

19.7 TutorGenius specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.

20. Interruptions and suspension of the website

20.1 TutorGenius does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation:

(a) the performance of scheduled maintenance including on servers and data lines;

(b) the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;

(c) a failure by or error in respect of any service provider including without limitation any server or data line;

(d) an attack on the security or system integrity of the Website including any denial of service attack; and

(e) the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.

20.2 For the avoidance of doubt, without prejudice to the provisions of paragraph 12, TutorGenius shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.

21. Indemnity

You agree to indemnify and hold TutorGenius and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.

22. Disputes

22.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, TutorGenius ’ advertising or any related transaction between You and TutorGenius shall be governed by and construed in accordance with English law.

22.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

23. Termination

TutorGenius may change or discontinue the availability of the Website or any part thereof at any time without prior notice. TutorGenius reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Website.

24. General

24.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

24.2 TutorGenius may change or discontinue provision of the Services or the Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the terms of Service set forth herein (without prejudice to our accumulated rights against You). In the event of any termination, you will immediately cease use of the Services and Website.

24.3 These Terms of Service are agreed between you and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.

24.4 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

24.5 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

24.6 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

24.7 These Terms of Service set forth the entire understanding and agreement between You and TutorGenius with respect to the subject matter hereof.