TERMS AND CONDITIONS

Version number: 1.0

Effective date: 01/08/2019

  1. Introduction

    1. We are AP Education Services Ltd trading as “Tutorspot”. Our company information is at the end of this document.

  1. Some definitions

    1. Here are some definitions which are used in this document (all capitalised):

      1. “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

      2. “Content” - all information of whatever kind (including profiles, messages posts, comments, images, photos, audio, video) uploaded to our Service.

      3. “Client” – a User who uses our Service for the purpose of availing of Tuition Services whether on their behalf or for someone else (e.g. a child).

      4. “Service” – our website, the services we offer by means of our website and any related software and services.

      5. “Tuition Contract” – a contract for the supply of Tuition Services.

      6. “Tuition Services” – private tuition for examination or other purposes.

      7. “Tutor” – a User who uses our Service for the purpose of supplying Tuition Services to Clients.

      8. “User” - persons or organisations using our Service (whether or not registered with us).

  1. Introduction to our terms and conditions

    1. These are our terms and conditions which apply to our Service and to which Users agree to be legally bound. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

  1. Changing our terms and conditions

    1. We may change these terms and conditions by posting the new version on our website. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown.

  1. Applying to join our Service

    1. We reserve the right to reject any application to join our Service in our discretion without giving reasons.

  1. Your right to use our Service

    1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

  1. Who can use our Service?

    1. You must not use, or attempt to register on, our Service if:

      1. you are below 18 years of age; or

      2. you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty; or

      3. you do not have legal status to work as a self-employed person in UK. If you do have legal status, you must have all of the necessary documents where necessary and the relevant immigration status and you must upload the relevant documents onto the Tutorspot website for approval.

    1. Our Service is designed for, and may only be used by, persons who genuinely intend to supply or avail of Tuition Services via our Service.

    1. If you are using our Service to find tuition services for your child or someone else, you are responsible for ensuring that that person complies with the behaviour requirements in this agreement as well as any other relevant parts of this agreement.

    1. We are not responsible in relation to persons claiming to be 18 years or over but who are in fact younger or generally in relation to matters relating to parental control and consent.

  1. Acceptable use of our Service

    1. You undertake not to do any of the following in connection with the Service:

      1. breach any applicable law, regulation or code of conduct;

      2. upload any Content (including links or references to other content), or otherwise behave in a manner, which:

        • is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;

        • infringes any intellectual property or other rights of others;

        • involves phishing or scamming or similar; or

        • we otherwise reasonably consider to be inappropriate;

      3. upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;

      4. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;

      5. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;

      6. do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;

      7. do anything which may negatively affect other Users’ enjoyment of the Service;

      8. gain unauthorised access to any part of the Service or equipment used to provide the Service;

      9. use any automated means to interact with our systems excluding public search engines; or

      10. attempt, encourage or assist any of the above.

    1. You undertake to:

      1. comply with any rules or guidelines on our Service;

      2. promptly comply with any reasonable request or instruction by us in connection with the Service; and

      3. ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

  1. Tuition Services (very important - we only provide a platform)

General

    1. Our Service constitutes a neutral platform whereby Tutors can arrange to supply Tuition Services to Clients. We do not supply those services. We simply facilitate the connection. Any Tuition Contract is between the respective Tutor and Client and the terms are for the parties to determine providing that they are consistent with this agreement. We are not a party to the Tuition Contract itself. You acknowledge that any legal recourse arising from breach of the Tuition Contract is against the other party to the Tuition Contract and not against us.

Your undertakings and confirmations to us

    1. Tutors undertake to us (and to the relevant Client unless the parties otherwise agree) that in connection with supply of Tuition Services to Clients:

      1. they have and will maintain the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise);

      2. they will act in accordance with the highest applicable professional / industry standards; and

      3. they will comply with all applicable laws and regulations and will not infringe any third party rights.

    1. Tutors acknowledge that we do not guarantee that use of our Service of itself will necessarily enable compliance with all applicable laws and regulations concerning the Tuition Contract and it is the responsibility of Tutors to satisfy themselves thereof. Tutors are responsible for taking out their own suitable insurance policy to cover them for claims relating to Tuition Services. Tutors acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.

    1. Tutors undertake to us that they will immediately inform us in writing of any relevant change to their circumstances, for example if they change contact details or receive a conviction.

    1. Users undertake to us that they will deal with other Users in a polite and courteous manner. Tutors agree to respond to messages and to lesson booking requests, where possible within 2 hours of receiving a message or request and in any case within 12 hours maximum.

    1. Clients are responsible for ensuring that students under 18 years are not left in the sole care of the Tutor and that a responsible adult is always present during the lesson. Tutors or Clients (as applicable) must provide a place where safe, uninterrupted and peaceful learning can take place. Tutors agree that they will be punctual, smartly dressed and will conduct themselves in a professional manner. Tutors undertake to spend reasonable time planning quality, structured lessons to match the specific needs of each of their students. All Users must comply with the Tutor Association guidelines located here.

    1. Users undertake to us that they will only use any personal information of other Users strictly in accordance with applicable confidentiality and data protection laws and regulations.

Restrictions - IMPORTANT

    1. Clients and Tutors undertake not to reveal any information on or via our Service that enables them to be personally identified or contacted by other Users other than through the Service including last name, postal / email address, telephone number (including substitution of words for numbers) or place of employment unless and until a Tuition Contract has been formed. Tutors undertake not to link to a website on their profile or in a message via our Service or otherwise attempt to sell their services independently of our Service.

    1. Tutors and Clients undertake that all bookings for Tuition Services and all communications between Tutors and Clients relating to Tuition Services shall be made via the Tutorspot website only. Potential Clients will send messages to Tutors, and once a Tutor and the Client have agreed a day and time for lessons to commence, the Tutor shall send a lesson reservation to the Client. This will include the day and time for the lessons, the duration of the lesson, and also the length of the contracted schedule, eg from 30th September 2019 - 15th June 2020. The Client must accept the lesson reservation on the Tutorspot website, and enter their up to date credit card details at the same time. Tutors and Clients agree that all lessons must be booked on the Tutorspot website. Users give their permission for Tutorspot to release their contact details to the other party once they have both agreed that lessons will take place, and the first lesson and lesson reservation has been booked and confirmed by both the Tutor and the Client,

    1. Clients undertake that during the period of this agreement and for two years thereafter they shall not:

      1. contract outside our Service with Tutors (i.e. who were introduced to them through our Service);

      2. contract outside our Service with other tutors referred to them by such Tutors; or

      3. put any person in contact with Tutors or vice versa for the purpose of provision of tuition services outside our Service (and Clients also undertake that they will instead direct persons interested in contacting a particular Tutor to do so via our Service).

    1. Tutors undertake that during the period of this agreement and for two years thereafter they shall not:

      1. contract outside our Service with Clients;

      2. contract outside our Service to teach students introduced through our Service or their siblings;

      3. contract outside our Service with persons introduced to them by Clients;

      4. contract outside our Service via companies or agencies who approach them via our Service; or

      5. put any Client in contact with other tutors or vice versa for the purpose of provision of tuition services outside our Service (and Tutors also undertake that they will instead direct Clients interested in finding another tutor to do so via our Service).

    1. IMPORTANT: Please note that we will claim compensation from you (whether you are a Client or Tutor) if you don’t comply with any of the above restrictions. This will most likely involve us claiming the fee that we would have earned if a lesson delivered outside our Service had been booked through the Service. For example, if (a) our fee per lesson is £7.50 and (b) a Tutor is scheduled via our Service to deliver lessons of 2 hours per week for 9 months, so 39 weeks, which is 78 hours, to a student, during the relevant period and (c) this booking is cancelled and re-booked outside our Service, then our total claim will be £585.00 and payable within 14 days. Please also note that we will generally exercise our right to end this contract immediately if we become aware of such a breach – see “Ending or Suspending this Contract” below, and we will exercise our right to require payment within 14 days for each applicable student.

Client’s legal right to cancel the Tuition Contract (“cooling off”)

    1. If you are a Consumer living in the “European Economic Area”, you have the right to cancel the Tuition Contract subject to the provisions set out below. The Tutor acknowledges that it is bound by and agrees to comply with these provisions.

    1. You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.

    1. If you do have the right to cancel, please see the instructions at the end of this document.

Cancellation of lessons by the Tutor or Client

    1. Tutors are entitled to cancel a lesson at any time before the scheduled start time by giving notice via the Tutorspot website. Lessons can only be cancelled before the start time of the lesson, and not after the scheduled start time. An email will be sent to the Client to let them know the lesson has been cancelled. Any Tutor who does not cancel a lesson on the Tutorspot website, and who receives payment for a lesson that has not taken place, shall refund the full amount, plus any charges made by the Payment Provider, no longer than 24 hours after he/she has received the payment.

    1. Separately from (and without affecting) any cooling off rights, Clients can cancel individual lessons up to 48 hours before the scheduled start time of the lesson. Cancellations must be done on the Tutorspot website. No charges will be made for lessons cancelled with at least 48 hours’ notice, and in the correct manner, i.e. on the Tutorspot website. Lessons cancelled with less than 48 hours’ notice will be charged for in full, and payment may be taken immediately, and before the scheduled start time of the lesson. Notice of the cancellation will be sent to the Tutor. The Tutor can decide to approve a cancellation which is made within 48 hours if he/she wishes. In this case no charge will be made. If the Tutor does not approve the cancellation that was made with less than 48 hours’ notice, then the Client will be liable to pay the full amount for the lesson. If a Client cancels a lesson directly with the Tutor, for example, by phone, email, or text, and omits to cancel the lesson on the Tutorspot website, then the Client will be liable to pay for the lesson in full, and the lesson will be charged for as usual. Any lessons that do not take place because the student does not attend will be charged to the Client at the full rate with no deductions.

    2. Tutors and Clients must give at least 2 weeks’ notice to cancel a Tuition Contract / the lesson reservation at any time, i.e. if you have entered into a series of weekly lessons from 30th September until 20th December, you can cancel the lessons by giving 2 weeks’ notice at any time during this period by cancelling on the Tutorspot website. The lessons scheduled for the 2-week notice period still have to go ahead. Clause 9.12 will also apply.

    1. Tutors must allow at least 15 minutes from the scheduled start time of a lesson for students to attend the lesson. If Tutors fail to do so, they will be liable to refund to the Student any fees they have received for the relevant booking.If a student does not turn up for a lesson, either online or in person, or if the Tutor turns up at the home of the student for the lesson, and the student is not there, the tutor may wait for up to 15 minutes, and if the student still does not appear for the lesson, then the Client will have to pay the full amount for the lesson 

    1. Just to be clear: It is strictly prohibited for either a Tutor or a Client to cancel lessons and then arrange new lessons outside the Service. Clause 9.12 will apply in such case.

Complaints

    1. If you have a complaint, it must be sent in by email to Tutorspot, and received by Tutorspot, no later than 24 hours after the time of the end of the lesson that is being complained about.

    1. Tutorspot cannot be held responsible for any complaints and is not liable for any disagreement between the Tutor and the student/Client. In the event that the student/Client and the Tutor cannot resolve the complaint, the Client is entitled to independently make a claim against the Tutor. Tutorspot accepts no responsibility or liability in relation to the services provided by the Tutors or any of the lessons given.

Payment by Clients

    1. Clients must pay the relevant fee to the Tutor via our payment provider as shown on our Service. (The Tutor is responsible for paying our fee, which we will deduct from the total fee payable to the Tutor.) You authorise us and our payment provider to charge your payment card for the relevant amounts after the lesson start time (or as otherwise stated on our Service). You must ensure that you have a valid and up to date payment card registered with us and that it contains sufficient funds to pay for confirmed lessons. You are responsible to pay us any charges raised by our payment provider for failed payments. We reserve the right to pass any bad debts to a debt collection agency which may affect your credit rating. Tutorspot reserves the right to cancel any lessons booked if there are failed payments. Clause 9.12 will apply. Tutorspot, as an agent of the Tutor, may keep contacting the Client / student to encourage the Client / student to make payment to Stripe for any lessons which have not been paid for by the Client/student for a period of up to 90 days from the scheduled end day and time of the lesson. This can be by any form of contact, including email, text and phone.

Payment to Tutors

    1. Subject to your compliance with this agreement, and provided you haven’t cancelled the booking, we shall use reasonable endeavours to pay you within a reasonable period after each lesson by whatever method we specify the amount of the fee received from the Client subject to any deductions mentioned below.

    1. We are entitled to deduct (including applicable VAT) our fee and the payment provider fee in the amounts specified by us when you signed up for the Service. Tutorspot reserves the right to change our fees or the fee structure at any time and will notify Tutors on the Tutorspot website. Any lessons delivered after that notice will be subject to our new fees.

    1. We are entitled in our discretion to refund to the Client on your behalf all or part of the Client fee insofar as the Client makes a complaint or raises a dispute or cancels the Tuition Contract under “cooling off” rules or cancels lessons within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). We are entitled to deduct the amount of such refund from any other fees due to you and you are liable to repay any shortfall within 24 hours of request if the relevant Client fees have already been paid to you.

    1. If you decide to make a refund to a Client, it is your responsibility to make up any shortfall arising from the deduction of our fee, ie you must pay our fee for using our Service, even if you refund a Client for any lesson.

    1. We are entitled to deduct from the fees due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.

    1. We will only make payment to a UK bank account. You must also have a UK telephone number. You are responsible for making up any shortfall arising from charges made by your bank. Tutorspot cannot be held responsible for any incorrect payment details that a Tutor has provided. If the Tutor does not receive payment due to incorrect payment details, the Tutor is responsible for resolving the situation by contacting the relevant payment provider or otherwise. Tutorspot will not make any payment unless and until correct payment details have been provided.

    1. All Tutors are self-employed and responsible for accounting for any applicable tax or national insurance. We do not offer tax-related advice.

Additional fees

    1. Tutors agree not to request additional fees from Clients. It is entirely up to the Client to decide whether to purchase any additional third party resources recommended by the Tutor. Any such purchase is at the Client’s own risk.

Our payment provider

    1. Clients and Tutors agree to be bound by the terms and conditions of our payment provider Stripe which can be found here or any alternative payment provider terms mentioned on our Service, if we decide to change our payment provider.

Our right to end or suspend the Tuition Contract

    1. You acknowledge that we are entitled at any time to end or suspend any Tuition Contract by giving notice by email, if we consider that either party has breached this agreement or it is necessary to protect either party. If so, we will refund the Client fee to the Client subject to any deduction which we consider reasonably appropriate including the full fees due for any lessons that have already taken place. Clause 9.12 will continue to apply.

  1. If you upload Content to our Service (e.g., profiles or messages)

    1. You are responsible for your Content. You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

    1. We are entitled to monitor all Content (including messages between Users) to ensure compliance with our terms and conditions and to protect us or other Users.

    1. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.

    1. It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused. Your profile can only be considered for approval by Tutorspot if you have uploaded all of the required information and documents.

    1. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

    1. It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

    1. We may irretrievably delete your Content without telling you after this agreement ends.

  1. Dealing with other Users…

    1. You accept that we have no obligation to vet or monitor Users or their Content. While we may make some enquiries about Tutors, such as asking them for proof of qualifications and/or “DBS” certificates (criminal record checks), we don’t guarantee to do so and, even if we do, we cannot guarantee that such information is or will remain accurate and up to date. We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. Where appropriate, it is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. Clients agree to do this immediately once Tutor names have been released to them and to contact us immediately if at any time they have any concerns. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.

    1. All Users are solely responsible for their own security both online and offline. Tutorspot shall not to be held responsible for any issues that may occur.

    1. You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us at support@tutorspot.co.uk.

    1. If you are a Tutor, you acknowledge that you may be ranked on our Service, based on various criteria including student feedback, availability and speed at replying to messages. We reserve the right to change these criteria at any time.

  1. Other peoples’ services / advertising / websites

    1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

  1. Guidance

    1. If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.

  1. Your account

    1. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

  1. Functioning of our Service

    1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative effect on the Service.

  1. Ending or suspending this contract

    1. You may at any time end this contract requesting us to delete your account. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.) Note in clause 9.12 above the two-year post-contract restriction on contracting with Clients and Tutors outside our Service and our entitlement to compensation if this is breached. Clause 9.12 will continue to apply.

    1. We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

      1. we have reason to believe that you have breached our terms and conditions;

      2. any fees due are unpaid / unjustifiably charged back;

      3. we think that it is necessary to protect us or others; or

      4. we are required to do so by law or appropriate authority.

    1. We are entitled at any time end this contract by email notice without refund if we terminate our Service as a whole.

    1. If either of us ends this contract:

      1. Any pending Tuition Contracts involving you are automatically terminated. We are entitled to make any payments due to Tutors for lessons previously delivered - subject any deduction which we consider reasonably appropriate.

      2. Your right to use our Service and all licences are terminated.

      3. Existing rights and liabilities are unaffected.

      4. All clauses in this contract which are stated or intended to continue after termination will continue to apply (including clause 9.12 which will continue to apply irrespective of who terminates this contract).

      5. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

  1. Liability – restrictions on our legal responsibility (IMPORTANT)

    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

    1. Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

      1. there is no breach of a legal duty owed to you by us or by any of our employees or agents;

      2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

      3. such loss or damage is caused by you, for example by not complying with this agreement; or

      4. such loss or damage relates to a business of yours.

    1. Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

    1. The following clauses apply only if you are not a Consumer:

      1. If you are a Tutor, our total aggregate liability of any kind (including our own negligence) is limited to the total fees earnt by us arising from your use of our Service.

      2. In no event (including our own negligence) will we be liable for any:

        • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

        • loss of goodwill or reputation;

        • special, indirect or consequential losses; or

        • damage to or loss of data

(even if we have been advised of the possibility of such losses).

      1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

      2. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

      3. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

    1. We request that Users give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs.

  1. Intellectual property rights

    1. The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

    1. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

    1. You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.

    1. If you upload any Content to our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, and forever, to use and adapt all or part of such material however we wish in any media formats, whether on our own Service or on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. This means that, amongst other things, we can use details from Tutor profiles for advertising and marketing purposes including on websites, in magazines, or in any media that we deems suitable to attract students. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.

  1. Privacy

    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

  1. Events outside our control

    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

  1. Transfer

    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

  1. English law

    1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.

  1. General but important stuff

    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

  1. Complaints

    1. If you have any complaints, please contact us via the contact details shown below.

  1. Company information

    1. Company name: AP Education Services Ltd

    2. Trading name: Tutorspot

    3. Country of incorporation: England and Wales.

    4. Registered number: 11945197

    5. Registered office: 165 Lutterworth Road, Blaby, Leicester, LE8 4DY, UK

    6. Main trading address: 24A Business Park, Ruddington Lane, Wilford, Nottingham NG11 7EP

    7. Contact email address: support@tutorspot.co.uk

    8. Other contact information: See our website.

RIGHT TO CANCEL THE TUTOR CONTRACT (“COOLING OFF”)

The following applies if you have the right to cancel the Tuition Contract (as explained above):

Right to cancel

  1. You have the right to cancel the Tuition Contract within 14 days without giving any reason.

  1. The cancellation period will expire within 14 days of first forming the contract with the Tutor on our site.

  1. To exercise the right to cancel, you must inform us AP Education Services Ltd of 24A Business Park, Ruddington Lane, Wilford, Nottingham NG11 7EP (email address above) on behalf of the Tutor of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

  1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

  1. If you cancel this contract, the Tutor will reimburse to you all payments received from you.

  1. The Tutor will make the reimbursement without undue delay, and not later than 14 days after the day on which the Tutor is informed about your decision to cancel this contract.

  1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

  1. If you requested the Tutor to begin the performance of services during the cancellation period, you shall pay us on behalf of the Tutor an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. This will include the full fees due for lessons which have already taken place.

  1. Please note that clause 9.12 will continue to apply under Tutorspot’s contract with you if Tutors / Clients continue with lessons outside our Service after cancellation of the Tuition Contract under the “cooling off” provisions.

MODEL CANCELLATION FORM



Complete and return this form only if you wish to cancel the contract:



— To AP Education Services Ltd of 24A Business Park, Ruddington Lane, Wilford, Nottingham NG11 7EP (email address above) on behalf of the Tutor:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate