Last updated: 14.04.2018
Welcome to The Tutor Website. You must read these Terms and Conditions before using the site. By using the services of The Tutor Website you agree to be bound by the Terms and Conditions below.
The term ‘The Tutor Website’ or ‘us’ or ‘we’ refers to the company as a whole. The Tutor Website is a trading division of Brand New Enterprise Ltd. The Director is Jamie Thomson and the company is based in Edinburgh, Scotland, registration number: SC587514. The term ‘you’ refers to the user or viewer of the website.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects or faults.
This website contains material which is owned by or licensed to the owner. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
All material produced by the owner of the site is subject to copyright unless prior permission has been granted by the owner to have such material reproduced elsewhere.
This website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.
User (Tutor) Profiles
All fees must be prepaid and are non-refundable, in whole or in part without good reason.
Profiles are kept active on the site until the user deletes their account from their dashboard, or requests it to be withdrawn. Profiles may be changed or modified at anytime via the user's dashboard.
All profiles must state the rates that the tutor charges. The rates tutors charge are expected to be fair to customers and based on experience (inexperienced tutors charge less than experienced tutors). As such, tutors may not state in their adverts that their rates are negotiable.
Any tutoring methods or opinions expressed on adverts are the tutor's own and not The Tutor Website's.
Occasionally, we may send a follow up email to students and parents who have contacted a tutor in order to request a short testimonial for the website.
You agree to use The Tutor Website or the Services in accordance with all relevant laws and not for any illegal purpose.
You agree not to use The Tutor Website or the Services to post any material which is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
You agree not to use our services to create mailing lists or for any advertising and marketing purposes.
You agree that in the event that you have any right, claim or action against any user arising out of the use of The Tutor Website or the Services, then you will pursue such right, claim or action independently and without recourse to the owner.
You agree to pay promptly. Payment must be received before any advert is placed on the website.
You must inform the owner of the site of any criminal convictions or cautions you receive which limits your capacity to advertise you services on this site.
Your advert will be withdrawn from the site if you become disqualified from being a teacher or other employee in any school or become aware of any legal reason why you may not work with children or advertise on this site.
Disclaimer of Warranties
I make no warranties or representations, whether express or implied, in relation to The Tutor Website or the Services, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
I make no warranty that The Tutor Website or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
No warranty is given by the owner as to the results that may be obtained or the accuracy or reliability of any information obtained through The Tutor Website or the Services.
You expressly agree that the use by you of The Tutor Website and the Services is at your sole risk.
No advice or information, whether oral or written, obtained by you from The Tutor Website or through the Services shall create or be deemed to create any warranty not expressly made herein.
Limitation of Liability
You agree that, except for death and personal injury arising from my negligence, the owner of this site shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where I have been advised of the possibility of such loss or damage).
You agree that the owner shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use by you, or your inability to use, The Tutor Website or the Services, or for the cost of procuring substitute goods and/or services. Such exclusions shall include damages for loss of data or other intangible assets.
You agree not to hold the owner of this site liable for any loss or damage incurred as a result of any dealings you may have with others via the Services.
You agree to provide true, accurate, current and complete information when registering as a user of The Tutor Website and to notify the owner immediately of any changes to your details and generally maintain this information as required to keep it current, complete and accurate.
Your email address must be valid.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
The Tutor Website reserves the right to terminate your right to use the services if any user information is untrue, inaccurate, out-of-date, incomplete, or for any other reason.
The Tutor Website complies with the relevant and current UK/Scottish Data Protection laws. Any personal details you provide will not be disclosed to third parties without your consent, unless required to do so by law. Furthermore, I will not normally, edit or disclose the contents of your private communications unless required to do so by law.
If I am requested by the police or government authority to provide information concerning your activities whilst using this site I shall do so. Similarly, I will disclose your personal data if I am compelled to do so to protect and defend my rights or property; or the rights or property or to protect the personal safety of other users of The Tutor Website or the public.
You agree to indemnify and to hold the owner immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or the infringement by you or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of The Tutor Website or the Services.
The owner of this site reserves the right to modify or discontinue, temporarily or permanently, The Tutor Website or the Services with or without notice to you. By using this site, you confirm that the owner shall not be liable to you or any third party for any modification to or discontinuance of The Tutor Website or the Services.
No waiver by the owner shall be construed as a waiver of any preceding or subsequent breach of any provision. The owner’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by himself in writing.
Choice of Law
These Terms and Conditions shall be governed by Scottish law and you hereby irrevocably submit to the exclusive jurisdiction of the Scottish Courts.
The headings contained in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance and shall not affect its interpretation.
The owner reserves the right to assign, subcontract or otherwise deal with all or any of his rights and obligations in these Terms and Conditions to any third party without prior notice to you.