Terms and Conditions

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Terms and Conditions

By Using Our Site You Accept These Terms and Conditions

Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.mytutor.co.uk (“Our Site”). You may wish to print a copy of these Terms and Conditions for your future reference.

These Terms and Conditions were last updated in September 2020.

Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.

The following documents also apply to your use of Our Site:

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

  • “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
  • “We/Us/Our” means My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 35 Ballards Lane, London N3 1XW.

2. Information About Us

2.1 Our Site is operated by My TutorWeb Limited.

We are a limited company registered in England and Wales under company number 08580263. Our registered address is 35 Ballards Lane, London N3 1XW

2.2 Our VAT number is 215952407.

3. How to Contact Us

To contact Us, please email Us at or telephone Us on +44 (0) 203 773 6020.

4. Access to Our Site

4.1 Access to Our Site only is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Access to Our Site is provided on an “as is” and on an “as available” basis.

We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

5. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time.

6. Changes to these Terms and Conditions

6.1 We may alter these Terms and Conditions at any time.

As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.

6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

7. International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

8. How You May Use Our Site and Content (Intellectual Property Rights)

8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise.

All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

8.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

8.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.

8.4 You may not modify the printed copies or downloaded extracts in any way.

Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

8.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

8.6 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable).

This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

8.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.

Further information is available from the UK Intellectual Property Office.

9.1 You may only link to the homepage of Our Site, www.mytutor.co.uk.

Linking to other pages on Our Site requires our express written permission.

9.2 Links to Our Site must be fair and lawful.

You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

9.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

9.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.

9.5 You must not frame or embed Our Site on another website without Our express written permission.

9.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

10.1 Links to other websites may be included on Our Site.

Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

11. Disclaimers

11.1 Nothing on Our Site constitutes professional advice on which you should rely.

It is provided for general information purposes only.

11.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

11.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

12. Our Liability

12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

12.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

12.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

12.4 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

13. Viruses, Malware, and Security

13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990.

Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

14. Acceptable Usage of Our Site

14.1 You may only use Our Site in a lawful manner:

  1. a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
  2. b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
  3. c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions.

We may take one or more of the following actions in response:

  1. a) Suspend or terminate your right to use Our Site;
  2. b) Issue you with a written warning;
  3. c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  4. d) Take further legal action against you, as appropriate;
  5. e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  6. f) Any other actions which We deem reasonably appropriate (and lawful).

14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

15. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy and Cookie Policies, available from https://www.mytutor.co.uk/privacy/

16. Communications from Us

16.1 If We have your contact details, We may send you important notices by email from time to time.

Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.

16.2 We will not send you marketing emails without your express consent.

If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.

16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.

17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

We keep our statement under regular review. These Terms and Conditions were last updated in 21st September 2020.

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Client Terms

These terms and conditions, herein referred to as the “Client Terms” set out the terms and conditions under which My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 35 Ballards Lane, London N3 1XW, herein referred to as “MTW” or “We” grant to You, a licence to use MTW’s virtual online platform at www.mytutor.co.uk (the “Site”) which is dedicated to facilitating the sourcing of Tutors by enabling registered Clients to access publicly available profiles of various Tutors offering Tutoring Services in various subjects (the “Agreement”).

MyTutor and mytutor.co.uk are the trading names of My TutorWeb Limited.

In providing the Site and the MTW Services, MTW does not provide the Tutoring Services. To use the Tutoring Services, the Client enters in to a legally binding Contract with the Tutor.

The terms of the Tutoring Agreement are set out in Schedule 1. If You make a booking for any Tutoring Services using the Site You are agreeing to the terms of the Tutoring Agreement at Schedule 1. In these Client Terms, references to “You” and “Your” are references to the Client registered on the Site who may benefit from the Tutoring Services offered by Tutors by way of using the MTW Services provided by MTW. When You use the Site and the MTW Services (together, the “Services”), You agree that these Client Terms apply to that use in addition to any other terms and conditions which may apply including the Privacy Policy, the Cookie Policy and the Terms of Service (where applicable) which are incorporated by this reference. You also agree that the Tutoring Terms apply to the Tutoring Services from the Tutor.

1. Your agreement with My TutorWeb Limited

These Client Terms govern the activities of Clients in relation to Your use of the Services. By using the Services, You accept these Client Terms and the Tutoring Terms in full. MTW and/or the Tutor reserves the right to change the terms relating to these Client Terms and/or Tutoring Terms (or any part) at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Services. If You disagree with any part of the Client Terms, do not use the Site or the Services. If You are uncertain as to Your rights under these Client Terms or You want any explanation about them please contact us.

2. Definitions

2.1 The following definitions shall apply in this Agreement:

  • 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.
  • Additional MTW Credits refers to MTW Credits that are credited to Your Client Account by MTW as a result of e.g. the distribution of a Referral Discount Code, any offer or discount, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Tutoring Services and shall expire six (6) months from issue.
  • Client means a person who is registered to use the MTW Site with a view to directly engaging with the Tutor for the provision of Tutoring Services on the Tutoring Terms, whether that be the Student and/ or (if under eighteen (18)), the Student’s Sponsor.
  • Client Fees means the amounts collected by MTW from Client on behalf of the Tutor for the Tutoring Services.
  • Client Ratings means the feedback left by a Client on the Site in response to the performance of the Tutoring Services by a particular Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
  • 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.
  • Contract means the period during which, and the terms upon which, You are provided with Tutoring Services by any one Tutor as agreed between You and the Tutor via the Site. The Contract is formed in accordance with clause 3.10.
  • Data Protection Legislation the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), 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 Client 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 patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • Instant Help Session(s) refers to a type of Tutoring Service which can be arranged and purchased on the Site and which is delivered instantly subject to immediate payment of MTW Credits from the MTW Wallet.
  • Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
  • Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
  • Meet The Tutor Session is an optional unpaid interview between You and a potential Tutor of approximately fifteen (15) minutes duration which provides an opportunity for You to become acquainted with Your Tutor, to discuss Your specific learning requirements and/ or concerns and to assess their suitability to deliver Tutoring Services to You. There is no obligation to book or pay for further Tutoring Services. Please note we do not require Tutors to attend these sessions and some Tutors may be unavailable for Meet The Tutor Sessions.
  • MTW Credit(s) represents the pre-paid credits deposited in the MTW Wallet with which the Tutoring Services can be purchased from the Tutors on the Site upon redemption. One (1) MTW Credit represents one (1) pound sterling.
  • MTW Credit Redemption Notice as per clause 3.11.1.
  • MTW Credit Top-Up Prompt as per clause 3.12.
  • MTW Login refers to Your unique username and password.
  • MTW Services includes the provision of an online platform i.e. a website whereupon MTW provides an online marketplace for Clients to contact Tutors, the Site plus a database of Tutors, back office support including customer services, billing, website and IT services including the use of the virtual Tutorial space.
  • MTW Wallet refers to the online electronic wallet which holds Sponsor’s MTW Credits that can be redeemed against the purchase of Tutoring Services on the MTW Site.
  • Service Fee a per transaction booking fee charged to Client when booking a Tutorial session. This is paid either when booking a Tutorial or purchasing credits to be used to book a Tutorial.
  • Recordings refer to the recording of any Tutorial or Instant Help Session which can be accessed and viewed for up to three (3) months thereafter.
  • Referral Discount Code refers to the promotional discount code that MTW may provide to registered clients to pass on to new prospective new clients.
  • Refund Request Notification refers to the email Sponsor must send to MTW to request a refund of the funds held in the MTW Wallet by way of MTW Credits as referred to at clause 3.14.
  • Selection Criteria means the selection criteria as set out on the Site.
  • Selection Process refers to the process determined by MTW from time to time whereby Tutors may be selected to offer Tutoring Services to Clients by accessing and using the Site and the MTW Services.
  • Services refer to both the MTW Services and the Tutoring Services provided by the Tutor.
  • 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 individual contracting on behalf of the Student with MTW provision of the MTW Services e.g. a Parent/ Guardian/ Carer or other person (or the same person as the Student if they are over eighteen (18) years old) with responsibility for the Student and/ or the payment of the Client Fees.
  • Student means a person using the MTW Services to receive Tutoring Services.
  • Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Client with a Tutor via the Site.
  • Tutor Mail means the internal email system available for Clients to contact Tutors and vice versa via the Site.
  • Tutoring Services means the provision of online tutoring by a Tutor by way of individual Tutorials in real-time and Instant Help Sessions, suitably tailored to meet the individual requirements of the Students including access to the Recordings.
  • Tutor means a registered tutor who has been selected to join the MTW community of Tutors and who wish to offer Tutoring Services to clients using the MTW Services to do so.
  • UGC means user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Client for the purposes of using or accessing the Services which may include but are not limited to Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for Your use and for use by MTW and a Tutor.
  • 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 in 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. Client registration and MTW Services

3.1 There is a two-step approach to signing up to the Site.

3.2 If the Student is under eighteen (18) years of age, the Student’s Sponsor will need to register and provide us with their name and email address to set up an Account with the Site through the registration process.

In this case, the Student’s Sponsor must also register to set up an Account with the Site, including providing the Sponsor’s name and contact email address.

3.3 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 paying Client Fees, requesting refunds, purchasing MTW Credits, receiving email communications from MTW, receiving Additional MTW Credits in to the MTW Wallet etc (“Sponsor Responsibilities”).

3.4 If You are a Student who is over eighteen (18) years of age and You do not have a Sponsor, You will be required to register twice as both Sponsor and Student.

As your own Sponsor You must manage the Sponsor Responsibilities set out above on behalf of Yourself as the Student (“Sign Up”).

3.5 During Sign Up, in order to provide You with maximum protection, You will be asked to input Your username (which will be Your email address) and You will be asked to choose a password to access Your Account on the Site and to benefit from the Services in accordance with these Client Terms.

You will keep Your password relevant to the Site and the Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your MTW Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify MTW immediately by email to support@mytutor.co.uk of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).

3.6 You will not create additional Accounts for the purpose of abusing the functionality of the Site or other registered Clients or for any other reason in breach of this Agreement.

3.7 Once You have secure logins to the MTW Site, You will then be required to complete Your registration by telling us some basic information about You and the subjects You wish to receive Tutoring Services for by using our simple online form (“Registration”).

3.8 Completing Registration will give You access to protected areas of the Site.

You can select potential Tutors by reviewing their personal details, and viewing their introductory video. If applicable, You may read Client Ratings from others who have previously been a client of that Tutor.

3.9 You have the option to book a Meet The Tutor Session.

3.10 If You decide then to make a booking, the first Tutorial can be arranged during Your Meet The Tutor Session or via Tutor Mail.

When You book Your Tutorial on the Site, You will be given the opportunity to identify and correct any errors with Your information before You make payment. You will then be required to make payment in accordance with clause 6. If Your payment is successful, We, on behalf of Tutors, will accept and complete Your order by sending You an order confirmation to the email You used during Sign Up to indicate acceptance of Your offer and the conclusion of a binding and legally enforceable Contract for the supply of the Services in accordance with these Client Terms. Payment can only be made from the Sponsor’s Account. Clients can request single Tutorials or sets of Tutorials with a Tutor.]

3.11 Clients can purchase Tutoring Services on a pay-as-You-go basis or by purchasing MTW Credits:

3.11.1 One (1) MTW Credit represents one (1) pound sterling.

MTW Credits are held in the Client’s MTW Wallet and can be redeemed against the purchase of Tutoring Services from a Tutor. Provided that You have sufficient MTW Credits in Your MTW Wallet, the requisite number of MTW Credits payable shall be deducted from Your MTW Wallet automatically upon the booking of a Tutorial and the balance of MTW Credits in Your MTW Wallet shall be reduced accordingly. When Tutoring Services are paid for by using MTW Credits from Your MTW Wallet, Sponsor will receive notification of this by email (“MTW Credit Redemption Notice”).

3.12 In the event that Your MTW Wallet contains no MTW Credits or insufficient MTW Credits, We will send You notice of this (“MTW Credit Top-Up Prompt”).

3.13 You may request a refund for unused MTW Credits in Your MTW Wallet (excluding any Additional MTW Credits as defined which shall have no cash equivalent and shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Tutoring Services) at any time.

3.14 You must provide Your request by email to support@mytutor.co.uk and include all Your bank details i.e. Your full name, sort code and account number (“Refund Request Notification”).

Your refund shall be made within fourteen (14) days of MTW’s receipt of Your Refund Request Notification which will then be subject to the timescales imposed by Your banking clearing systems.

3.15 If You have not used Your MTW Credits within 6 months of their purchase we will make reasonable attempts to contact You in order to refund unused credits.

If You do not response to us within a month of contacting You MTW will no longer be obliged to refund unused MTW Credits, and these shall be deemed to be forfeited by You.

3.16 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 Credits if this happens.

3.17 Where terminated, Your MTW Login and Account 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 Tutoring Services, You must comply with any requirements as directed by MTW and the Tutor 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 to the Tutor all such information as they may reasonably require in connection with the provision of the Services;

4.1.5 to notify MTW immediately should the Student become ill or otherwise unable to take part on a Tutorial in any way and unable to attend Your Tutorial.

MTW can notify any Tutor on Your behalf if You have not already done so;

4.1.6 to be solely responsible in assessing the suitability of a Tutor to deliver the Tutoring Services and the accuracy of their stated credentials, expertise, references, CRB/DBS (where applicable).

CRB/DBS and any qualification of the Tutor is self-certified by the Tutor and is not verified, validated or checked by MTW;

4.1.7 to contact a Tutor via Tutor Mail and MTW instant messaging facility via the Site only.

Other means of communication is prohibited;

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

4.1.9 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 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 and the Tutor;

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 You are responsible for validating the proper functioning of the Client Tools during the free meeting where necessary.

5.3 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Services.

5.4 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:

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

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

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

5.5 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.

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

6. Client fees

6.1 In Addition to the MTW Credits, MTW may charge a small Service Fee to Clients.

6.2 Where applicable, this Service Fee is 1.75% and will be a minimum of 50 pence and a maximum of £2.50 per Tutorial booking (including VAT), and is non-refundable.

For customers from outside the EU the Service Fee will be 3.5%. This will be a minimum of £1 and maximum £5.00. The Service Fee is paid either when booking a Tutorial or purchasing MTW Credits to be used to book a Tutorial session. For the avoidance of doubt the Service Fees are not also payable upon the redemption of MTW Credits.

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

6.4 Your Tutor will not be VAT registered and will not charge You VAT for the Tutoring Services.

6.5 All prices relating to Tutoring Services and Service Fees 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.

7.9 You shall not, without the prior written consent of MTW, at any time from the date of commencement of these Client Terms to the expiry of six (6) months after termination of these Client Terms whereupon Your Account and MTW Login are deactivated, solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Tutor introduced to You by MTW.

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 This clause shall not apply to any cancellation or termination of a Tutorial under clause 13.2.

9.2 Your rights to cancel the Tutoring Services are set out in the Tutoring Terms in Schedule 1.

10. Ratings and feedback

10.1 It is a feature of the Site and the MTW Services that the Client will leave Client Ratings.

10.2 During the last five (5) minutes of a Tutorial session, a Tutor may complete feedback or comments or suggestions for You (which You will be able to access via Your Account).

10.3 A Tutor or a Client can report or raise any issues or concerns that they might have with the other at any time.

10.4 Whether such feedback is complimentary or more similar to a Dispute, MTW will have full discretion as to whether they inform the other of such feedback.

Where deemed necessary, MTW is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, MTW is entitled to suspend the MTW Services until an investigation is carried out and may in exceptional cases be entitled to terminate Your Agreement forthwith under clause 13.

11. Data protection and privacy

11.1 In respect of any Personal Data (as defined in the Data Protection Legislation processed by MTW and the Tutor pursuant to these Client Terms, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation and any regulations made thereunder (including but not limited to the Data Protection Principles, as defined in the Data Protection Legislation).

11.2 These Client Terms incorporate MTW’s Privacy Policy and Cookie Policy by this reference.

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

11.4 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.

12. Disputes

12.1 All Disputes reported to MTW by a Client (or by a Tutor) via the Site will be investigated by MTW.

12.2 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.

12.3 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.

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

12.5 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.

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

13. Termination

13.1 Subject to 13.2, these Client Terms shall commence on the date We activate Your Account on the Site and shall continue unless terminated with immediate effect (without compensation) upon either party serving Written Notice on the other or, if the Client is committed to an existing Contract, upon the conclusion of the existing Contract provided that MTW has no objections.

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.

13.2 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:

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

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

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

13.3 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.

13.4 For the avoidance of doubt, if MTW terminate this Agreement with You and You have paid the Tutor for Tutorials in advance, MTW agrees to procure that the Tutor will refund You all the pre-payments within fourteen (14) calendar days of termination.

MTW reserves the right to disallow a Student to re-register with a different Sponsor. If You are a Sponsor for more than one Student, MTW terminating a contract with any one Student shall not affect the same Sponsor’s ability to sponsor or continue to sponsor a new Student or existing Student, respectively.

13.5 You can always end Your contract with us.

Your rights when You end the Tutor Term will depend on how the Tutor is performing and when You decide to end the contract:

13.5.1 If the MTW Services have been misdescribed You may have a legal right to end the Agreement (or the MTW Services re-performed or to get some or all of Your money back);

13.5.2 If You want to end the Agreement with MTW because of something MTW has done or have told You MTW is going to do, which is not in line with this Agreement.

13.6 You can do this by sending us written notice.

14. Warranties and indemnities

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

14.1.1 Student is at least eighteen (18) years of age and if not, both Student and Sponsor will each register separately on the Site;

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

14.1.3 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;

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

14.1.5 Whilst this contract is in force You will only ever contact a Tutor via the Site;

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

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

14.1.8 You will protect Your unique password in accordance with clause 3.5.

14.1.9 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;

14.1.10 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.

14.2 You shall indemnify and hold harmless MTW (and any Tutor as the case may be) on demand, and shall keep MTW (and any Tutor) fully and effectively indemnified against any and all Losses arising out of or in connection with:

14.2.1 the Services;

14.2.2 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

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

15. Limitation of liability

15.1 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.

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

15.3 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:

15.3.1 death or personal injury caused by negligence;

15.3.2 fraud or fraudulent misrepresentation; and

15.3.3 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).

15.4 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.

16. General

16.1 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.

16.2 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.

16.3 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.

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

16.5 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.

16.6 We keep our statement under regular review.

These Client B2C Terms were last updated in 21st September 2020.

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Tutor Terms

These terms and conditions, herein referred to as the “Tutor Terms” set out the terms and conditions under which My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at: 35 Ballards Lane, London N3 1XW, herein referred to as “MTW” or “We” grants to the Tutor, a licence to access and use MTW’s virtual online platform at www.mytutor.co.uk (the “Site”) which is dedicated to facilitating the delivery of Your Tutoring Services direct to Your Clients (the “Agreement”). You may download a copy of these Tutor Terms here: MyTutor and mytutor.co.uk are the trading names of My TutorWeb Limited.

In these Tutor Terms, references to “Tutor” and “You” and “Your” are references to the Tutor registered on the Site who wishes to use the MTW Services in order to provide Tutoring Services. When You use the Site and the MTW Services, You agree that these Tutor Terms apply to that use in addition to any other terms and conditions which may apply including the Privacy Policy, the Cookie Policy and the Terms of Service (where applicable) which are incorporated by this reference. If You are uncertain as to Your rights under these Tutor Terms or You want any explanation about them please contact us.

1. Your agreement with My TutorWeb Limited

1.1 These Tutor Terms apply to Your use of the Site and the MTW Services.

By using the Site and the MTW Services, You accept these Tutor Terms in full. MTW reserves the right to change the terms of these Tutor Terms (or any part) at any time, by giving You not less than 15 days’ written notice of such changes. We will let you know if we make any such changes, and you can let us know within the 15 day notice period if you do not wish to accept the revised terms and prefer to end this Agreement with MTW. If you continue to provide Tutoring Services through the Site during this notice period, we are entitled to assume that you have accepted any changes.

1.2 Read these terms carefully and ensure that You understand their effect before proceeding to use the Site and MTW Services.

If You disagree with any part of the Tutor Terms, do not use the Site or the MTW Services.

2. Definitions

2.1 Unless the contrary intention appears, the following definitions shall apply:

  • Account means the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the MTW Services via Your MTW Login.
  • Additional MTW Credits refers to MTW Credits that are credited to Sponsor’s Account by MTW as a result of e.g. the distribution of a Referral Discount Code, any offer, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn by a Tutor other than by means of a redemption in respect of Tutoring Services.
  • Client means a person using the MTW Site for the provision of Tutoring Services, whether that be the Student or (if under eighteen (18)), the Student’s Sponsor.
  • Client Contract means the contract between the Client and You.
  • Client Ratings means the ratings left by a Client on the Site in response to the performance of the Tutoring Services by a Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).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 Clients, logging in, Client Ratings or other feedback, 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.
  • Current Account means Your bank account which will accept payments by BACS.
  • Data Protection Legislation the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), 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.
  • Dispute means any dissatisfaction expressed by a Client or any complaint made by a Client or any other dispute or potential dispute or claim of a Client in connection with the provision of the Tutoring Services rendered by You (or the provision of the MTW Services which is communicated to You).
  • Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
  • Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
  • Meet The Tutor Session is an optional unpaid interview between You and a new Client of approximately fifteen (15) minutes duration which provides an opportunity for You to generate work and expand Your Student base MTW Credit(s) represents the pre-paid credits held in the MTW Wallet with which Client may use to pay for the Tutoring Services upon redemption with a Tutor for Tutoring Services. One (1) MTW Credit represents one (1) pound sterling.
  • MTW Wallet refers to the online electronic wallet which holds a Clients’ MTW Credits.
  • MTW Login refers to Your unique username and password.
  • MTW Payments the amounts retained by MTW from the MTW Credit(s) in consideration for the provision of the MTW Services to Tutor.
  • MTW Services includes the provision of the Site on which:
    • MTW provides an online intermediation service for Clients to contact Tutors, and provides technical functionality to You for Your deliver Tutoring Services to Clients; and
    • a database of Tutors, Students, back office support including customer services, billing, website and IT services including the use of the virtual lesson space.
  • PoCA List refers to the Protection of Children Act.
  • PoVA List and List 99 refers to the Protection of Vulnerable Adults scheme.
  • Recordings refer to the recording of any Tutorial or Instant Help Session which can be viewed for up to three (3) months thereafter.
  • Refund Event means where any event where a refund of MTW Credits is issued to the Client by the Tutor. Once a Tutorial has occurred with both the Tutor and the Student present then the Tutor has sole discretion on whether to issue a refund to the Client in accordance with the terms of your agreement with the Client.
  • Site means a website owned and managed by MTW including www.mytutor.co.uk.
  • Sponsor means the party entering into the Client Contract for Tutoring Services on behalf of the Student (being either Parent/ Guardian/ Carer or other person if the Student is aged under 18), or, if the Student is aged 18 or over, the Sponsor and the Student may be the same person.
  • Student means a person receiving the Tutoring Services from You via the Site.
  • Tools means the minimum requirements for You to be able to deliver Your Tutoring Services using the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
  • Tutor or You means a tutor who has been allowed access to the Site and MTW Services to carry out the Tutoring Services to Clients.
  • Tutor Bank Account means the bank account where MTW Credits are held on behalf of the Tutor prior to the completion of the lesson or Instant Help Session and MTW transferring the Tutor Fees to Tutors.
  • Tutor Fees means that amounts MTW shall transfer to Tutors from the MTW Credits after deducting the MTW Payments.
  • Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Client with You via the Site.
  • Tutor Mail means the internal email system available for Clients to contact Tutors and vice versa via the Site.
  • Tutoring Services means the provision of online Tutorials and Meet the Tutor Sessions by the Tutor by way of individual lessons in real-time suitably tailored to meet the individual requirements of the Students.
  • UGC means user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by MTW and a Client.
  • 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 sent by email, in the case of MTW to support@mytutor.co.uk and in the case of a Client, to the e mail address you register in your Account.

3. Becoming a Tutor

3.1 At our discretion, we may authorise you to use the Site and the MTW Services to deliver the Tutoring Services.

You agree that these Tutor Terms apply to that use in full.

3.2 You will keep Your password relevant to the Site and the Tutoring Services confidential and not reveal it to anyone else.

You are responsible for all activities that are carried out under Your username and password which shall represent Your MTW Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify MTW immediately by email at support@mytutor.co.uk of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).

3.3 Where terminated, MTW shall deactivate Your MTW Login and Account promptly.

MTW reserves the right to terminate the MTW Services and access to the Site after a one (1) month long continuous period of inactivity by You, which means that You will no longer be permitted to use the Site to deliver Tutoring Services to Clients. You will not be permitted to re-access the Site and the MTW Services without MTW’s express written permission.

4. Tutor obligations

4.1 When You make use of the Site and the MTW Services You must comply with our reasonable directions, including those relating to the protection of Students’ safety as amended from time to time and in accordance with these Tutor Terms.

Such directions are in place to protect the safety Clients and Students.

4.2 Use of the Site is entirely at Your own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Client Contracts to provide Tutoring Services to a Client.

4.3 You further and specifically agree to:

4.3.1 authorise MTW to act as your agent to agree the Client Contract on your behalf and collect MTW Credits and/or Tutor Fees;

4.3.2 provide MTW with Your Current Account details which must be a UK current account and held in the Tutor’s name;

4.3.3 assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation and content of lessons;

4.3.4 advise MTW at the earliest opportunity should Your circumstances change in relation to Your access to the Tools.

You accept full responsibility for any dispute raised by a Sponsor as a result of issues connected to the performance of your Tools which have affected the performance of Your provision of the Tutoring Service;

4.3.5 obtain, use and maintain in good working order Your Tools.

Any problem concerning a technical issue regarding a Tutor’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;

4.3.6 act at all times in accordance with the highest professional standards and not act in any way which could bring MTW into disrepute;

4.3.7 only accept instructions and Tutorials within Your area of expertise, and that are within your abilities and competency;

4.3.8 notify the Client immediately should You become ill or otherwise incapable and unable to provide the Tutoring Services.

Depending on the circumstances, MTW and Tutor shall discuss in good faith a possible delay of the Tutoring Services;

4.3.9 notify MTW of what You propose to agree between You and the Client regarding the delay or reassignment of those Tutoring Services to another Tutor.

We may take any action, including refunding MTW Credits depending on what is agreed regarding each Tutorial;

4.3.10 ensure that any information provided by You to MTW and a Client remains true, accurate, up-to-date and complete at all times during the duration of this Agreement.

5. MTW obligations

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

5.1.1 subject to clause 5.2, provide the MTW Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Tutor;

5.1.2 devote as much time to the provision of the MTW Services as may be necessary for their proper performance;

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

5.2 As an online service, MTW may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades.

Where reasonably possible, these activities shall be notified to You in advance. MTW makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the MTW Services.

5.3 You are responsible for checking the Tools work with the Site and MTW Services, and the particular Client during the free meeting, and for fixing any problems with the Tools where necessary.

5.4 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully access the Services.

5.5 MTW uses all reasonable endeavours to make the MTW Services and Site available to all Tutors on an “as is” basis.

5.6 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:

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

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

5.6.3 Your failure to at least meet the minimum system requirements of the Tools.

5.7 You acknowledge and accept that from time to time You may experience entire or partial failure of Your video during the delivery of the Tutoring Services due to fluctuations or insufficient bandwidth relating to your own internet provider, and under such circumstances, You agree that the Tutoring Service shall continue without video and confirm that this is acceptable to You in all circumstances.

6. Tutor Fees and MTW Payments

6.1 MTW and the Tutor will agree the amount of Tutor Fees applicable per Tutorial in advance, via the Site, and the amount of MTW Payments which will be retained by MTW against MTW Credits purchased by Clients.

6.2 Tutor authorises MTW as its agents to accept any forms of payment approved by MTW in connection with the provision of the Tutoring Services via the Site including Mastercard, Visa and Maestro debit cards on the Tutor’s behalf.

6.3 MTW holds all Tutor Fees (which will be based on the number of undisputed and completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time and is entitled to retain the full amount of MTW Payments it charges to Tutor in consideration for the MTW Services provided prior to releasing the Tutor Fees to Tutor.

6.4 All costs relating to lessons and MTW Payments are reviewable by tutors and MTW and any revised fees and charges shall take effect immediately upon posting on the Site and will be applicable to all bookings made after such posting.

6.5 You confirm that You are self-employed under these Tutor Terms, and You are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions.

You agree that nothing in these Tutor Terms constitutes a contract of employment between You and MTW. You shall be fully responsible for and indemnify MTW against any liability, assessment or claim for any employment-related claim or any claim based on worker status brought by you relating to Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by MTW in dealing with any such claim brought by You or by somebody on Your behalf.

6.6 You will keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns.

You hereby agree to fully indemnify MTW for or against all and any demands by HMRC to MTW for Income Tax, VAT or National Insurance, or any other claim by HMRC, including any interest or penalties, arising out of Your failure to account properly or at all for any liabilities to HRMC arising from Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by MTW in dealing with any such claim by HMRC.

7. Settlement

7.1 MTW shall pay to Tutor the Tutor Fees collected by MTW.

We shall provide a self- remittance invoice to You for Tutoring Services every two weeks setting out the hours that you have worked for us, as recorded by You, during the preceding month. More details on how we will pay you is set out in our FAQs https://help.mytutor.co.uk/hc/en-us/articles/212296825-When-will-I-be-paid-].

7.2 In response to a Dispute, if any Refund Event occurs, MTW will be entitled, in its sole discretion to refund MTW Credits to the Client on behalf of the Tutor in full or in part.

In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees as agreed by MTW and the Client, in respect of the relevant Tutorial.

7.3 If any Refund Event occurs subsequent to the Tutor receiving the Tutor Fees from MTW, MTW shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by MTW under this Agreement from any Tutor Fees collected by MTW thereafter to enable MTW to refund the relevant refunded Tutor Fees.

7.4 The Tutor shall be responsible for all chargebacks and/or refund requests on lessons performed and shall indemnify MTW against all Losses resulting from chargebacks and/or refund requests.

7.5 Tutor authorises MTW to self-bill for all the MTW Services.

7.6 MTW shall be entitled to make any settlement payment to Tutor by BACS, to the Current Account of the Tutor (or to such other bank account as the parties agree in writing).

7.7 If either party fails to make any payment due (and undisputed) under this Agreement within ten (10) days post the due date for payment, the other shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% (two per cent) above the base rate per annum from time to time of Barclays Bank plc.

7.8 For the avoidance of doubt, Tutor Fees shall not be affected where MTW has provided a Client with Additional MTW Credits to redeem against Tutoring Services and the Client redeems such Additional MTW Credits.

8. Intellectual property

8.1 When using the MTW Services to deliver the Tutoring Services, if You publish any UGC via the Site by way of e.g. delivering lessons, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:

8.1.1 to MTW, 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 MTW 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.

You acknowledge that the UCG uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.

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

You hereby agree to waive any and all moral rights in and to all UGC.

8.4 You agree that any UGC You use in the performance of Your Tutoring Services 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 You pursuant to using the Services shall be Your property.

For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including without limitation any material, communication, information or ideas so communicated, posted or otherwise transmitted by any Students or Tutors.

8.6 You shall indemnify MTW against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MTW arising out of or in connection with any claim made against MTW for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Client that the Tutoring Services or UGC provided by You infringe its rights.

8.7 If any third party makes a claim, or notifies an intention to make a claim, against MTW which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), MTW shall:

8.7.1 as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;

8.7.2 not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (such consent not to be unreasonably conditioned, withheld or delayed) , provided that MTW may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if MTW reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;

8.7.3 give You and Your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of MTW, so as to enable You and Your professional advisers to examine them and to take copies (at Your expense) for the purpose of assessing the Claim; and

8.7.4 You shall give MTW sole authority to avoid, dispute, compromise or defend the Claim.

8.8 If a payment due from You under this clause is subject to tax (whether by way of direct assessment or withholding at its source), MTW shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to MTW in respect of the payment is the same as it would have been were the payment not subject to tax.

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

8.10 You acknowledge that all Intellectual Property Rights in and relating to MTW Services and the Site are owned by MTW or MTW’s Licensors.

9. Cancellations, rescheduling, no-show

9.1 Where the You and the Client agree to cancel the Tutoring Services pursuant to the Client Contract, MTW shall repay the MTW Credits to the Client’s MTW Wallet agreed in the Client Contract.

9.2 If You don’t attend an arranged lesson without having cancelled it, or if you repeatedly cancel Tutorials, We may end this Agreement between You and MTW under clause 13.

MTW will record details of all such cancellations by You on its records for a period of twelve (12) months.

9.3 All cancellations by You must be made in writing in advance, directly via the Site and to the Client, in accordance with the Client Contract.

10. Client ratings, feedback and other activities

10.1 It is a feature of the Site and the MTW Services that the Client will leave Client Ratings.

10.2 Where deemed necessary, MTW is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time.

10.3 Whether such feedback is complimentary or more akin to a Dispute, MTW will have full discretion as to whether they inform the other of such feedback.

Where deemed necessary, MTW is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, MTW is entitled to suspend or terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the MTW Services by termination under clause 13.

10.4 Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Tutor’s obligations under this Agreement.

11. Data protection and privacy

11.1 In respect of any Personal Data as defined in the Data Protection Legislation processed by MTW and Tutor pursuant to these Tutor Terms, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation and any regulations made thereunder.

11.2 MTW’s Privacy Policy and Cookie Policy apply to Your use of the MTW Services.

11.3 Use of the Site is entirely at a Tutor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Contracts to provide Tutoring Services to a Client.

12. Confidential information and publicity

12.1 The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information.

12.2 Each party shall, during the term of this Agreement and thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any Confidential Information which may become known to such party from the other party and which relates to the other party, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party.

Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.

12.3 Confidential Information shall not include information that (i) is or becomes generally available to the public other than as a result of the breach of the confidentiality obligations in this Agreement by the receiving party, (ii) is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or (iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv) above, the source of such information was not known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.

12.4 The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party.

12.5 On termination or expiry of this Agreement, You shall immediately return all Confidential Information in Your possession together with all copies thereof; or, if required to do so, destroy all Confidential Information in Your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to MTW that this has been done.

13. Termination and suspension

13.1 These Tutor Terms shall commence on the date you sign up to the Site and shall continue unless terminated by MTW pursuant to clause 13.2.

13.2 MTW may suspend this Agreement and Your access to the Site and the MTW Services immediately by serving written notice on or if:

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

13.2.2 Your rating by Clients is deemed by MTW (acting reasonably) to be unsatisfactory;

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

13.2.4 You are convicted of a criminal offence or are the subject of any investigation, which may in MTW’s opinion impact Student safety;

13.2.5 You are in material breach of this Agreement;

13.2.6 You do not use the Site or MTW Service for a one (1) month long continuous period of inactivity.

13.3 If we suspend Your use of the Site under clause 13.2 above, we will include in our notice of suspension to you the full details of the reason for such suspension in writing.

You may contact us to discuss any of the issues raised in such notice by the methods set out on the Site.

13.4 Without prejudice to clauses 13.2 or 13.3 MTW may terminate this Agreement by giving You 30 days written notice if:

13.4.1 You commit a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;

13.4.2 You are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986;

13.4.3 You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or

13.4.4 You do not use the Site or MTW Service for a one (1) month long continuous period of inactivity, after we have served you written notice as set out above.

13.5 You have repeatedly breached any of the terms of this Agreement, we may immediately terminate this Agreement with you by serving written notice.

13.6 Either Party may terminate this Agreement for convenience without compensation by 30 days Written Notice on the other.

13.7 In the event of termination, You will be entitled to receive payment of Tutor Fees for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination.

13.8 Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.

13.9 If we suspend this or terminate this Agreement with you, MTW may deactivate Your MTW Login and Account promptly.

14. Warranties and indemnities

14.1 As Tutor, You hereby warrant, represent and undertake to MTW that:

14.1.1 You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Tutoring Services in the subject(s) You offer in Your profile on the Site;

14.1.2 You are personally responsible for the information posted by You on the Site and submitted to MTW which includes any pre contractual information, and which shall be accurate and up-to-date;

14.1.3 where Your profile claims that You have undergone a CRB/ DBS or enhanced CRB/ DBS check, You have done so, You shall continue to be covered by such checks throughout the term of this Agreement and You will provide us with a copy of such upon request;

14.1.4 You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;

14.1.5 You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Term of Engagement;

14.1.6 You will comply with all the Tutor obligations set out at clause 4;

14.1.7 You will only ever contact a Client via the Site;

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

14.1.9 in providing or offering Your Tutoring Services via the Site and using the MTW Services, You are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;

14.1.10 You are not VAT registered and will not charge a Client VAT for Your Tutoring Services;

14.1.11 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, and will fully comply with the same at all times;

14.1.12 You are not prevented from working with children and Your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).

14.2 You shall indemnify and hold harmless MTW (and any MTW Client as the case may be) on demand, and shall keep MTW (and any MTW Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:

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

14.2.2 any and all claims, complaints or legal proceedings instigated by a Client against MTW relating to the Tutoring Services.

15. Limitation of liability

15.1 You agree that subject to clause 15.3 and 15.4, 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 MTW Services.

15.2 Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total MTW Payments earned by MTW in respect of Tutoring Services provided by You using the MTW Service and Site in the twelve (12) months preceding the date on which such liability arose.

15.3 Nothing in the agreement limits any liability which cannot legally be limited, including but not limited to liability for:

15.3.1 death or personal injury caused by negligence;

15.3.2 fraud or fraudulent misrepresentation; and

15.3.3 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).

15.4 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.

16. Disputes

16.1 Negative feedback (rating of 1, 2 or 3 out of 5) reported to MTW by Clients via the Site may be investigated.

16.2 The parties agree that they shall attempt in good faith to resolve any Dispute or claim 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.

16.3 During the Term of Engagement, You must inform MTW immediately if You become aware of any Dispute or potential Dispute between a Client and You and/ or MTW in connection with the provision of the Tutoring Services.

16.4 You agree to cooperate fully with MTW in resolving any Dispute with a Client.

16.5 MTW reserves the right to suspend Your Account in accordance with clause 13.1 while an investigation is conducted.

16.6 Your Account may be reactivated once an investigation has been completed.

16.7 In the event of a Dispute prior to receipt of Tutor Fees, MTW reserve the right to withhold Tutor Fees in accordance with clause 7.3 until the Dispute has been resolved.

16.8 The outcome of any Dispute instigated by a Client is entirely at the discretion of MTW (acting reasonably).

17. General

17.1 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 Tutor 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 Tutor Terms.

17.2 Enforceability: If any one or more of the provisions of these Tutor 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 Tutor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.

17.3 Entire Agreement: These Tutor 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.

17.4 Status: The Tutor and MTW are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way.

This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for any income tax, national insurance and social security contributions.

17.5 MTW keep our Terms under regular review.

These Tutor B2C terms were last updated in 21st September 2020.

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Tutor Schools Consultancy Agreement

1. Definitions

  • Account means the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the MTW Services via Your MTW Login.
  • Data Protection Legislation the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), 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.
  • MTW/We/Us 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 Login refers to Your unique username and password.
  • MTW Services includes the provision of tutoring services to its School Clients via the Site.
  • Site means a website owned and managed by MTW including www.mytutor.co.uk.
  • Site Terms of Use means those terms and condition on which We allow You to use the Site set out this Agreement, and as published on the Site from time to time.
  • School Clients means those clients of MTW for whom We shall engage You to provide Tutoring Services.
  • Student means a person receiving the Tutoring Services from You pursuant to this Agreement via the Site.
  • Tools means the minimum requirements for You to be able to deliver Tutoring Services using the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone
  • Tutoring Services means the provision of online Tutorials by You to the School Clients by way of individual lessons in real-time suitably tailored to meet the individual requirements of the School Clients.
  • UGC means user generated content provided uploaded, embedded or otherwise displayed and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by MTW and School Clients.

2. Term

This Tutor Schools Consultancy Agreement (the “Agreement”) applies to the Tutoring Services which You provide to us for the benefit of the students of our School Clients, via the Site, from the date you accept the Agreement by clicking accept on the Site (the “Effective Date”) and shall continue unless and until this agreement is terminated by either party giving to the other not less than 1 weeks’ prior written notice.

3. Duties

3.1 You shall provide the Tutoring Services from the Effective Date as agreed from time to time in writing.

You acknowledge that the ultimate beneficiary of the Tutoring Services will be the students of the School Clients. You agree to meet the requirements for the Tutoring Services for each of the students of the School Clients.

3.2 You shall use your best endeavours to promote our interests and, unless prevented by ill health or accident, provide, as agreed in accordance with Clause 2 above as agreed the Tutoring Services delivered as agreed with Us and the School Clients via the Site.

3.3 If you are unable to provide the Tutoring Services due to illness or injury, you shall notify the MyTutor Tutors Team as soon as reasonably practicable.

3.4 You must comply with our Safeguarding Procedure, Code of Conduct and any other policies which we may publish on the Site from time to time.

3.5 If you are unable to provide the Tutoring Services, You are required to appoint a substitute to perform the Services on your behalf, provided that the substitute:

  1. a) Has the same level of skills, experience and qualifications as You do;
  2. b) shall be required to enter into direct undertakings with us, including with regard to confidentiality, and
  3. c) is already registered with Us as a provider of tutorials. This is to ensure that the appropriate safeguarding and reference checks have been carried out.

3.6 You will not be paid for any period during which you do not provide Tutoring Services.

You will continue to be subject to all duties and obligations under this agreement for the duration of the appointment of the substitute.]

3.7 If a substitute is appointed, the provisions relating to sub-processor obligations under clause 6 will apply.

3.8 You shall:

  1. a) Provide your own computer and ancillary equipment required for the Tutoring Services;
  2. b) ensure that you are available at all times on reasonable notice to provide such assistance or information as we may require;
  3. c) not be VAT registered and will not charge VAT for Your Tutoring Services;
  4. d) have no authority (and shall not hold yourself out as having authority) to bind us, unless we have specifically permitted this in writing in advance;
  5. e) comply with the Bribery Act 2010. Failure to do so may result in the immediate termination of this agreement;
  6. f) not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. Failure to do so may result in the immediate termination of this agreement;
  7. g) assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation and content of lessons;
  8. h) obtain, use and maintain in good working order Your Tools . Any problem concerning a technical issue regarding a Tutor’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;
  9. i) comply with our reasonable directions, including those relating to the protection of Students’ safety as amended from time to time and in accordance on the Site. Such directions are in place to protect the safety of Students.

3.9 We authorise you to use the Site and the MTW Services to deliver the Tutoring Services.

You agree that this Agreement applies to that use in full.

3.10 You will keep Your password relevant to the Site and the Tutoring Services confidential and not reveal it to anyone else.

You are responsible for all activities that are carried out under Your username and password which shall represent Your MTW Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify MTW immediately by email at support@mytutor.co.uk of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).

3.11 Where terminated, MTW shall deactivate Your MTW Login and Account promptly.

4. Fees and expenses

4.1 We will pay you the fees as agreed between us in your Account set up.

We shall provide a self- remittance invoice to You for Tutoring Services every two weeks setting out the hours that you have worked for us, as recorded by You, during the preceding month. More details on how we will pay you is set out in our FAQs [https://help.mytutor.co.uk/hc/en-us/articles/212296825-When-will-I-be-paid-?mobile_site=true]

4.2 You shall bear your own expenses.

4.3 We are entitled to deduct from the fees (and any other sums) payable to you any sums that you may owe us at any time.

5. Other activities

You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with us.

6. Confidential information and Client property

6.1 You shall not use or disclose to any person either during or at any time after your engagement by us any confidential information about our business or affairs or any of our business contacts, or about any other confidential matters which may come to your knowledge in the course of providing the Services.

For the purposes of this clause 6, “Confidential Information” means any information or matter which is not in the public domain and which relates to our affairs or any of our business contacts.

6.2 The restriction in clause 6.1 does not apply to:

  1. a) any use or disclosure authorised by us or as required by law; or
  2. b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

6.3 All documents, manuals, hardware and software provided for your use by us, and any data or documents (including copies) produced, maintained or stored on our computer systems or other electronic equipment (including mobile phones if provided by us), remain our property.

6.4 Nothing in this clause 6 shall prevent you or us (or any of our officers, employees, workers or agents) from:

  1. a) reporting a suspected criminal offence to the police or any law enforcement agency or co-operating with the police or any law enforcement agency regarding a criminal investigation or prosecution; or
  2. b) doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority; or
  3. c) whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of regulatory requirements (including giving evidence at a hearing); or
  4. d) complying with an order from a court or tribunal to disclose or give evidence; or
  5. e) making any other disclosure as required by law.

7. Data protection

7.1 We will collect and process information relating to You in accordance with the privacy notice which is on the Site.

7.2 In respect of any Personal Data as defined in the Data Protection Legislation processed by MTW and Tutor pursuant to this Agreement, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation and any regulations made thereunder.

8. Intellectual property

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

  1. a) to MTW, 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 MTW 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 MTW Services (and derivative works thereof) in any media formats and through any media channels;
  2. b) to each user of the MTW Services a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC under the terms of this Agreement.

8.2 You acknowledge that all Tutoring Services that You deliver may be recorded and You agree to the storage and use of such recordings by MTW.

You hereby agree to waive any and all moral rights in and to all UGC and recordings.

8.3 You agree that any UGC You use in the performance of Tutoring Services 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.

8.4 All Intellectual Property Rights in all materials produced by You pursuant to delivering the Tutoring Services shall be Your property.

For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party

8.5 You shall indemnify MTW against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by MTW arising out of or in connection with any claim made against MTW for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a School Client that the Tutoring Services or UGC provided by You infringe its rights.

8.6 If any third party makes a claim, or notifies an intention to make a claim, against MTW which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), MTW shall:

  1. a) as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;
  2. b) not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (such consent not to be unreasonably conditioned, withheld or delayed) , provided that MTW may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if MTW reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
  3. c) give You and Your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of MTW, so as to enable You and Your professional advisers to examine them and to take copies (at Your expense) for the purpose of assessing the Claim; and

You shall give MTW sole authority to avoid, dispute, compromise or defend the Claim.

8.7 If a payment due from You under this clause is subject to tax (whether by way of direct assessment or withholding at its source), MTW shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to MTW in respect of the payment is the same as it would have been were the payment not subject to tax.

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

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

9. Insurance and liability

You shall have personal liability for and shall indemnify us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you, or any substitute engaged under this agreement, of the terms of this agreement, including any negligent or reckless act, omission or default in the provision of the Services and shall maintain in force during the period of this agreement adequate insurance cover.

10. Termination

We may at any time terminate your engagement with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees or expenses at the date of termination) if:

  1. a) you are in material breach of any of your obligations under this agreement; or
  2. b) other than as a result of illness or accident, after notice in writing, you wilfully neglect to provide or fail to remedy any default in providing the Services.

Any delay by us in exercising our rights to terminate shall not constitute a waiver of those rights.

11. Obligations on termination

Any property belonging to us in your possession or under your control, and any original or copy documents obtained by you in the course of providing the Tutoring Services, shall be returned to the MyTutor Tutors Team at any time on request and in any event on or before the termination of this agreement. Subject to our data retention guidelines, you also undertake to irretrievably delete any information relating to our business stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in your possession or under your control outside our premises. This obligation includes requiring any substitute to delete such data where applicable.

12. Status

12.1 You will be an independent contractor and nothing in this agreement shall render you our employee, worker, agent or partner and you shall not hold yourself out as such.

12.2 You warrant that you have not registered your business for VAT.

12.3 You shall be fully responsible for and indemnify us against any liability, assessment or claim for:

  1. a) taxation howsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
  2. b) any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against us arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission by us.

We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.

13. Variation

This agreement may only be varied by a document signed by both you and us.

14. Third party rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than you and us shall have any rights under it. The terms of this agreement or any of them may be varied, amended or modified or this agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this agreement may be rescinded (in each case), without the consent of any third party.

15. 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.

16. 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).

We keep our statement under regular review. These Tutor B2B Terms were last updated in 21st September 2020.

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