Terms and conditions

Client Terms

1. YOUR AGREEMENT WITH MYTUTORWEB LIMITED

These Terms of Service apply between you (the Sponsor, as defined below) and MTW, in relation to Group Tutoring Services offered through the MTW Site, including provision of Tutorials to Students selected by the Sponsor. These Tutorials are delivered to Students via the MTW Site.

2. DEFINITIONS AND INTERPRETATION

2.1 In these Terms of Service (except where the context otherwise requires) the following words shall have the following meanings:

• Account means the secure account(s) created by You, which holds Your personal information and from where You can access the Services via Your MTW Login.
• Agreement refers to the contract between MTW and the Sponsor for the supply of the Services in accordance with these Terms of Service.
• Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
• Client Tools refers to the minimum requirements for using and accessing the MTW Services including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
• Confidential Information means any information which is imparted or obtained under this Agreement by MTW to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of MTW including, but not limited to information pertaining to Tutors, Tutor Correspondence, logging in, MTW correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of MTW which might reasonably be considered to be confidential in nature.
• Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
• Deemed Start Date means the date and time when payment of Fees are received by MTW.
• Dispute means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Tutoring Services rendered by a Tutor (or the provision of the MTW Services which is communicated to MTW by You).
• Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
• Legislation means all applicable laws, Acts of Parliament and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law.
• Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
• MTW means My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 35 Ballards Lane, London N3 1XW.
• MTW Fees refers to the payments made to MTW by the Sponsor in respect of the Services.
• MTW Login refers to Your unique username and password.
• MTW Materials refers to all content on and off the MTW Sites that is owned by, or licensed to, MTW.
• MTW Payments means the sum you pay MTW for delivering the MTW Services, (this fee is inclusive of Tutor Fees and VAT).
• MTW Site means a website owned and managed by MTW including www.mytutor.co.uk and the online learning platform.
• MTW Services refers to the provision of Tutorials and Tutoring Services for the purchased Course, and the operation of the MTW Sites.
• Refund Request Notification refers to the email You must send to MTW to request a refund
• Sign Up means registering on the Site as a Sponsor and/ or Student set out in clause 3.4.
• Site means a website owned and managed by MTW including www.mytutor.co.uk.
• Sponsor means the party contracting with MTW. The Sponsor is the Student’s sponsor and has the legal contractual relationship with MTW in respect of the Services; The Sponsor is responsible for the Student and for paying the MTW Fees to MTW.
• Student means a person using the MTW Services to receive Tutoring Services.
• Term means the duration of the Agreement
• Terms of Service means these terms as amended from time to time.
• Tutor means a tutor who offers their services via the MTW Sites.
• Tutorial(s) refers to the online booked tutoring session which is booked by the Sponsor via the site.
• Tutor Materials refers to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
• VAT means value added tax chargeable under English law for the time being and any similar additional tax.
• Written Notice means any notice given under this Agreement shall be served by e mail by MTW to the address submitted to the Sponsor’s account and by Sponsor to MTW at support@mytutor.co.uk.
• You means either Client, Sponsor or Student as the context requires.

3. MTW SERVICES

3.1 The Student’s Sponsor or the Student (if over eighteen (18) years of age and not having a Sponsor) will need to provide us with their name and email address to receive their Course Login information with the Site through the purchasing process.

3.2 Sponsors shall be responsible for managing the provision of all elements of receipt of the Services on behalf of Students including but not limited to being responsible for requesting refunds, purchasing MTW Courses, receiving email communications from MTW, etc (“Sponsor Responsibilities”).

3.3 Clients can purchase Courses Tutoring Services on a pay-as-You-go basis only.

3.4 When Clients purchase Course(s) a login link and password will be sent to the email they used through the purchasing process.

3.5 MTW reserves the right to suspend or terminate Your ability to purchase new Tutoring Services, and this Agreement at any time and for any reason without liability to MTW, MTW shall refund any unused MTW Course(s) if this happens.

3.6 Where terminated, Your MTW Login and Password shall be deactivated. MTW reserves the right to terminate this Agreement and the Services after a six (6) month long continuous period of inactivity which means that You will no longer be permitted to use the MTW Services to purchase Tutoring Services via the Site. You will not be permitted to re-access the Site and the MTW Services without MTW’s express written permission.

4. CLIENT OBLIGATIONS

4.1 When You use the Site and the MTW Services and when You book and accept the Courses, You must comply with any requirements as directed by MTW as amended from time to time and in accordance with these Client Terms.

In particular You agree:

4.1.1 to provide all service, telephony and/or other fees and costs associated with Your access to and use of the Services;

4.1.2 to obtain and maintain all Client Tools to use and access the Services in accordance with the clauses 5.2, 5.3 and 5.4. Any problem concerning a technical issue regarding a Client’s personal computer or internet service provider is not the responsibility of MTW. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;

4.1.3 to buy, keep up to date and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to and use of the Services;

4.1.4 to provide promptly and give MTW all such information as they may reasonably require in connection with the provision of the Services;

4.1.5 not to act as an agent to promote the services or opportunities of a company; and,

4.1.6 not to publish any abusive comments about a Tutor or another Student on the Site or any other place including defamatory or derogatory comments.

5. MTW OBLIGATIONS

5.1 In consideration of the MTW Payments, MTW agrees to:

5.1.1 provide the MTW Services with all due care, skill and ability and in a timely manner and in the best interests of the Client;

5.1.2 provide promptly and give to the Client all such information as they may reasonably require in connection with the provision of the MTW Services.

5.2 MTW uses all reasonable endeavours to make the Services available to all and where this is not possible for any reason whatsoever, MTW shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:

5.2.1 resultant feedback (echos), audio break-ups, video or sound delays;

5.2.2 Your failure to use and configure the prescribed headset and microphone;

5.2.3 Your failure to at least meet the minimum system requirements.

5.3 You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during a Tutorial due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Tutorial shall continue without video and confirm that this is acceptable to You in all circumstances.

5.4 For the avoidance of doubt, You will not receive a full or partial refund for bandwidth-related interferences.

6. MTW PAYMENTS

6.1 You will pay MTW the MTW Payments for the provision of the MTW Services. The payment of the MTW Payment will be taken at the time of booking.

6.2 The MTW Payment includes the sum of Tutor Fees for the provision of the Tutoring Services. The Tutor Fees will be collected from You by MTW when you are purchasing the MTW Services on a pay-as-You-go basis, payment of the Tutor Fees will be taken at the time of booking.

6.5 Client shall pay to MTW the MTW Payments by any means made available via the Site from time to time.

6.6 The MTW Payments and the Tutor Fees will be inclusive of VAT.

6.7 All prices relating to MTW Services and Tutoring Services are subject to change by MTW which shall become effective immediately upon posting on the Site and will be applicable to all bookings made thereafter.

7. CONDUCT and FRAUD

7.1 You may only access the Site and use the Services for lawful purposes.

7.2 You are responsible for complying with any and all laws, rules, and regulations relating to Your use of the Services.

7.3 You agree that You will treat the Tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the Tutorial.

7.4 Save for where it may be deemed necessary as in clause 11, You agree that You will not disclose any information to a Tutor that could be considered personally identifiable information including Your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You.

7.5 A violation of this Agreement may lead to a suspension of Your Account and a termination of this Agreement. Notwithstanding this clause, it is understood that MTW will pass Your name on to Your Tutor to enable You to use the Services.

7.6 You agree that You will not solicit any such information from any Tutor, and agree that if any Tutor ever discloses such information to You, asks You for any personal information, or suggests any offline meeting or conversation, You will immediately report this to us.

7.7 You acknowledge that we may screen UGC and that we shall have the right (but not the obligation), in our sole discretion, to remove any UGC.

7.8 We may terminate any Tutorial where we consider, in our sole discretion, that You are uploading or otherwise transmitting inappropriate content. We also have the right to remove any UGC that violates these Client Terms or is otherwise, in MTW’s sole opinion, objectionable or in any way offensive.

8. INTELLECTUAL PROPERTY

8.1 When using the Services, if You publish any UGC via the Site by way of uploading text, images or videos or contributing to publicly accessible areas of the Site, You automatically grant:

8.1.1 to MTW and the Tutor, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;

8.1.2 to each user of the Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement.

8.2 "Publicly accessible" areas of the Site are intended by MTW to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not.

8.3 You acknowledge that all Tutorials You participate in may be recorded and You agree to the storage and use of such Recordings by MTW.

8.4 You agree that any UGC You contribute to Tutorials or to the Site and/ or Services in general will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licenses referred to in clause 8.1.1 and 8.1.2.

8.5 All Intellectual Property Rights in all Materials produced by the Tutor pursuant to the performance of the Tutoring Services shall be the property of the Tutor.

8.6 The Intellectual Property Rights contained on the MTW Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without MTW’s written permission.

8.7 You acknowledge that all Intellectual Property Rights in and relating to MTW are owned by MTW or MTW’s licensors.

9. CANCELLATIONS/RESCHEDULING, NO-SHOW

9.1 You can cancel your course booking free of charge if You ask for the change at least 72h before the beginning of the course. If You ask for a change/cancellation less than 72h before the beginning of the course, We will not refund the course.

9.2 Refunds will not be given once the course has started.

9.3 MTW is unable to accommodate changing a course through the MTW platform. Therefore if you want to change course, the original booking must be cancelled at least one week before the course is due to start to receive a full refund. You can then book on to the new course of choice. If You want to move course less than one week before the start date, you will not be due a refund when you cancel the original booking.

9.4 If You are not able to attend a lesson, You will not be due a refund for the lessons you miss.

9.5 If You have technical issues that are out of MTW control, no refund will be given.

9.6 If MTW have to change the tutor due to unforeseen circumstances before the course starts, this will be communicated to You and You can accept the new tutor or request a full refund.

9.7 If a tutor does not show for a lesson, you will be offered a 20% refund for each lesson the Tutor does not attend.

9.8 MTW have the right to cancel the course at any time, You will be offered a full refund if this happens before the course is due to start. If the course has started you will be offered a refund of 20% for each lesson left.

10. DATA PROTECTION and PRIVACY

10.1 In respect of any Personal Data (as defined in the Data Protection Legislation) processed by MTW pursuant to these Client Terms, We warrant that we shall comply and will continue to comply with the Data Protection Legislation.

10.2 You acknowledge that You have read and understand MTW’s Privacy Policy and Cookie Policy.

10.3 You hereby agree that by releasing any Personal Data as submitted by You on the Site, You acknowledge that You are wilfully providing Your Personal Data for the purpose of receiving the Services.

10.4 You understand that by accepting these Client Terms, You agree that MTW and the Site are not responsible for any advice or information given by a Tutor.

11. DISPUTES

11.1 All Disputes reported to MTW by a Client (or by a Tutor) via the Site or to our contact details will be investigated by MTW.

11.2 The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between You and an officer of MTW. MTW will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. MTW reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by MTW.

11.3 During any given Contract, You must inform MTW immediately and in any event, within forty eight (48) hours, of any Dispute You may have with a Tutor in connection with the provision of the Tutoring Services rendered by a Tutor or otherwise.

11.4 You agree to cooperate fully with MTW in resolving any Dispute with a Tutor.

11.5 MTW reserves the right to suspend Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed.

11.6 The outcome of any investigation instigated by You or a Tutor is entirely at MTW’s discretion, acting reasonably.

12. TERMINATION

12.1 Subject to 12.2, these Client Terms shall commence on the date You purchase a Course and shall continue unless terminated with immediate effect (without compensation) upon either party serving Written Notice on the other. You agree that by entering into this contract You are waiving Your statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) and agree for the Services to start on the Deemed Start Date.

12.2 MTW may terminate this Agreement with You immediately without compensation or Written Notice by ending Your access to the Services if You commit a breach of any of these Client Terms, or if:

12.2.1 any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;

12.2.2 You act in any way that has brought, or could bring, MTW in to disrepute; or,

12.2.3 You do not show up at a Tutorial without having cancelled it or You repeatedly cancel Tutorials.

12.3 In the event of any such termination, Client shall pay for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination and neither MTW nor the Tutor shall be liable for any Losses incurred by You after the date of termination.

13. WARRANTIES AND INDEMNITIES

13.1 As a Client, You hereby warrant, represent and undertake to MTW and Tutor that:

13.1.1 Student is at least eighteen (18) years of age and if not, that the Sponsor will purchase the course on behalf of the Student on the Site;

13.1.2 You are personally responsible for the information posted by You on the Site and submitted throughout Purchase which You shall ensure is accurate, true, up-to-date and complete at all times during;

13.1.3 You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Contract. No UGC will be offensive or defamatory;

13.1.4 You will comply with all the Client obligations set out at clauses 4 and 5.2;

13.1.5 Whilst this contract is in force You will only not make personal contact with a Tutor;

13.1.6 You agree at all times to comply with the provisions of the Data Protection Legislation;

13.1.7 You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;

13.1.8 You accept full responsibility for any Disputes raised as a result of issues connected to the performance or non-performance of Your MTW Tools affecting Your proper access to the Tutoring Services;

13.1.9 You have read, understood and familiarised Yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety.

13.2 You shall indemnify and hold harmless MTW on demand, and shall keep MTW fully and effectively indemnified against any and all Losses arising out of or in connection with:

13.2.1 the Services;

13.2.2 any breach of these Client Terms or breach of obligation or warranty by You or the acts or omissions of You (other than and to the extent that any losses arise directly from breach of these Client Terms by MTW or by MTW’s negligence); and

13.2.3 any and all claims, complaints or legal proceedings instigated by a Tutor against You.

14. LIMITATION OF LIABILITY

14.1 You agree that subject to clause 15.2, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Services.

14.2 Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total MTW Payments paid by You in the one (1) month preceding the date on which the liability arose.

14.3 Nothing in these Client Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation:

14.3.1 death or personal injury caused by negligence;

14.3.2 fraud or fraudulent misrepresentation; and

14.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

14.4 For clarification, the MTW Services are primarily (but not exclusively) designed to be used within the territory of the United Kingdom and except as expressly set out in this Agreement, MTW gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

15. GENERAL

15.1 Assignment: You shall not, without the prior written consent of MTW, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Client Terms. MTW may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Client Terms.

15.2 Enforceability: If any one or more of the provisions of these Client Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Client Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.

15.3 Entire Agreement: These Client Terms together with our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between You and MTW in relation to Your use of the Site and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.

15.4 Neither Tutors or Clients have the power to bind MTW in any way in respect of the obligations of the one to the other.

15.5 No Partnership: Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.

15.6 We keep our statement under regular review.

16. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17. JURISDICTION

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).