Terms & Conditions
1. Use of Personal Information
We use the information that you personally provide to:
- Improve the information and support we provide
- Process any requests you make of us
- Provide you with information about the products and services we offer
- Conduct market research
- We do not store credit card details nor do we share customer details with any 3rd parties
If you do not wish us to use any of your information in relation to the above then please email firstname.lastname@example.org with the subject heading ‘unsubscribe’.
2. Introduction – Tute Terms and Conditions
Please read the following terms and conditions before use. In using this website you will agree to the following terms and conditions of use: This website tute.com (“Tute”) is operated by Tute Education Limited , a company registered in England (“we” or “us”). By accessing or using Tute you agree to be legally bound by these terms and conditions (the “Terms”), which shall take effect immediately on your first use of Tute. Please read them carefully they contain important information about your rights and obligations.
We may change the Terms from time to time. Your continued use of Tute will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, then do not access the website.
- “Buddie” means a person using Tute to answer homework questions
- “Fee” means the amount payable by the Client to us in respect of a Buddie Session; a Tutor Session; or Subscription Services
- “Client” means a person using Tute for the purpose of: participating in a Question and Answer session with a Buddie; or a Tutor Session with a Tutor; or accessing the Tute subscription channels
- “Session” means a pre-paid face2face or online session between a Tutor and Client arranged using our booking tools; or a homework question answered by a Buddie.
- “Subscription Services” is paid for content accessible only by Clients
- “Tutor” means a person using Tute for the purpose of offering tuition services and
- “User” means a Buddie, Tutor, a Client or anyone using Tute.
In these Terms words importing the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.
4. Nature of Site
Tute provides a forum whereby Clients can seek assistance with additional learning, homework or preparation for exams. Tute holds the details of Buddies and Tutors who might be able to assist. It is solely the Client’s responsibility to evaluate which Tutor is most suited to their individual needs. Once a Buddie or Tutor is selected by the Client, a Session will take place via Tute.
We do not act as agents for the Tutors, nor are we an agency. We provide a marketplace whereby Clients can find Buddies and Tutors and book Sessions.
5. Tutors’ Warranties
Each of the Buddies and Tutors hereby warrants to Tute and to all other Users that:
5.1 he is personally responsible for the information posted by him on Tute and shall indemnify us against all and any liability incurred as a result of any false, inaccurate, incomplete or misleading information provided about himself;
5.2 he is at least eighteen years of age and has the necessary qualification or experience to provide the tuition in the subject(s) he offers in his profile on Tute;
5.3 he has provided to us accurate and up to date information about himself;
5.4 he has where needed undergone a CRB check and his name does not appear on either List99 or the PoCA list;
5.5 he will not provide to Users any identifying information including, but not limited to, phone number, e-mail address, postal address or website address;
5.6 he will not request from any User any information that could allow the User to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which he is a member;
5.7 he is not an employee of ours and is responsible for his own income tax, national insurance and other liabilities payable;
5.8 no material used by him in the course of a Session will be offensive or defamatory and it will not infringe any UK laws (including laws relating to copyright);
5.9 he is wholly responsible for the appropriateness and the content of any video or other material that he provides as part of a Session; and
5.10 he will participate fully and professionally in all applicable Sessions.
6. Your Warranties
Each of the Clients hereby warrants to Tute and to all Users that:
6.1 he will not provide any User with any information that could allow him to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which he is a member;
6.2 he is responsible for assessing the suitability of a Buddie or Tutor based on their profile;
6.3 his behaviour will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, sexually oriented, racially offensive or otherwise objectionable in any respect; and
6.4 he is not less than eighteen years of age. Clients of less than eighteen years of age can only participate with the express consent of a parent/guardian.
7.1 The Fees set out on Tute are determined by the Tutors and are specified as an hourly rate. The Fees are inclusive of any applicable VAT.
7.2 The cost of any Session is detailed on Tute. The amount due is calculated as the Session is in progress. If there are insufficient funds to enable the Session the Client will be given the option to top up his account. The Client will be charged for the amount of time taken.
7.3 Clients need to pay for Sessions in advance. The minimum sum to open or top up an account is £10.00. Payment can only be made by credit card, debit card, through Paypal. We cannot accept cash or cheques.
7.4 We shall collect pre-payments from Clients. Following the conclusion of a Session we shall deduct the amount chargeable in respect of the Session from the Client’s account. We will then pay any monies due, less 75p a Session for Buddies, and £5 a Session for Tutors.
7.5 Four weeks following the first credit to a Tutor’s account he can send us a request to withdraw some or all of the balance thereof. We shall then transfer payment to his nominated bank account or Paypal account. We will not issue a cheque nor will we make payment in cash. Payments will be made every four weeks thereafter upon request.
7.6 A Client's account will expire if unused for twelve months. After this time any funds in the account will not be usable by the Client unless requested in writing.
7.7 If a Client wishes to cancel their account they may do so by written notice to us at any time. We will cancel the account within 72 hours of such notice. Within 28 days of receipt of such a notice of cancellation, we shall refund to the fund's source the unused balance of the account, less an administration fee of £20.
8. Buddie Process
8.1 Provided a Client has sufficient credit in his account (in accordance with clause 7 above) he may post a question. Any Buddie who is able to answer will take the question and respond within a maximum 60 minutes. The answer is emailed back to the Client and a Fee is levied.
8.2 If the Buddie is unable to answer the question asked of him, then the Fee will be refunded to the Client’s account.
9. Tutor Process
9.1 The Client selects a Tutor and books a Session. Once the Session is complete it is ended by either the Tutor or the Client and the Client’s account will be debited accordingly.
9.2 If the Client is unhappy with any Session he must report his concerns to Ture within 24 hours of the end of the Session. Tute shall then investigate these concerns and, if appropriate, arrange a refund. Our decision in this regard is final and binding.
9.3 All Clients will be able to access their account to view a record of the length of any Sessions undertaken, and see the amount standing to the credit of their account.
10. Modifications to and availability of Tute
10.1 We reserve the absolute right to alter, suspend or discontinue any aspect of Tute or the services provided through it, including access to it. Unless explicitly stated, any new features on Tute, including but not limited to the release of new services, shall be subject to the Terms.
10.2 We aim to make Tute available at all times but cannot guarantee that Tute will operate continuously or without interruptions nor that it will be error free. Users must not attempt to interfere with the proper working of Tute and, in particular, users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.
10.3 We cannot guarantee the continued availability of any Tutor and accept no responsibility or liability for the withdrawal, removal or unavailability of the same.
11. Applicability of Materials
Tute is controlled and operated by us from our offices in England. We make no representations that Tute or any content of it is appropriate or available for use in other countries. Those who visit Tute from other countries do so on their own initiative and at their own risk.
12. Linked Sites
Our web site may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site you should note that we do not have any control over that other web site. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide while visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyse our web page flow, and promote trust and safety.
A few important things you should know about cookies are that:
- Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session.
- You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
14. Registering and messaging rules
14.2 Users must register with a valid personal email address that they access regularly so that moderation emails can be sent to them. If a user registers with someone else's email address, or with temporary email addresses then his registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to termination a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.
14.3 Users agree to use our Services in accordance with the following rules (“the Rules”):
- a. No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- b. No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- c. No spamming or off-topic material: discussions should be relevant to the topic in hand and must not include unsolicited promotional material.
- d. No advertising or promoting: we do not allow advertising, promotions nor the posting of other web site addresses.
- e. No impersonation.
- f. No inappropriate user names or profile information.
14.4 Users may not use the instant messaging facility to submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share only contributions which are their own original work. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
14.5 If a User fails to abide by the Rules (and any variations thereto) he will be sent an email which informs him why he has breached the Rules. This email will also include a warning that continuing to break the Rules may result in action being taken against him. This action may include the temporary or permanent suspension of his ability to participate in any Sessions. If we consider such breach of the Rules to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.
15. Disclaimers and Limitation of Liability
15.1 The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via Tute.
15.2 We are not responsible for the availability or content of any third party sites that are accessible through Tute. Any links to third party websites from Tute do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.
15.3 Nothing in the Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of Tute or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of Tute regardless of the form of action.
15.4 We do not warrant that Tute or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that Tute or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
15.5 Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use Tute and that they are compatible with Tute. Users also understand that we cannot and do not guarantee or warrant that any material available for downloading from Tute will be free from infection, viruses and/or other code that has contaminating or destructive properties. Users are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
15.6 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site.
15.7 No warranty or representation express or implied is given in respect of any Tutor. We accept no liability for any loss, damage, cost, expenses or other claims for compensation arising from the introduction of a Tutor to another User. Neither do we accept liability for the failure of the Tutor to meet a User’s requirements.
16.1 We may assign or subcontract any or all of our rights and obligations under these Terms.
16.2 All notices shall be sent by e-mail to email@example.com. We shall send notices to Users at the e-mail address provided to us during the registration process. Notices will be deemed received 24 hours after the e-mail is sent.
16.3 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
16.4 Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
16.5 Your use of this site and any materials downloaded, viewed, copied or printed does not authorize you to use any names or trademarks of Tute EducationLtd, its trading partners or associates and no links without consent
16.6 These Terms and the User’s use of Tute are governed by English law and both parties submit to the exclusive jurisdiction of the English courts.