1.1 Tutorsfinder.co.uk helps Students to find Tutors, book and pay for Lessons.
1.2 This Website is owned and operated by Platovon Learning Limited trading as Tutorsfinder.co.uk. We are a limited liability company registered in England and Wales under company number 11197503. Our registered office is at 48 Handsworth Wood Road, Birmingham, United Kingdom, B20 2DT. Our other contact details are specified on our Website.
1.3 By registering on or using our Website, you agree to be bound by these terms and conditions. (Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.) If you do not wish to be bound by these terms, you should not use the Website.
1.4 Where you communicate on behalf of a company/organization, you agree that you have authority to act on behalf of that entity.
1.5 Important phrases are defined in clause 16 (Definitions) of these terms and conditions and are capitalized throughout.
2. Tutorsfinder Rights & Responsibilities
2.1 To help Tutors and Students to meet by allowing them to advertise their professional tuition services on the Website.
2.2 To maintain a functioning Website, including communication systems, a booking platform and Online Classroom, wherever possible.
2.3 To communicate any planned maintenance of the Website or downtime.
2.4 To use reasonable endeavors to keep the Website free from viruses and worms.
2.5 To use reasonable endeavors to check the identity of all Tutors including enhanced background checks.
2.6 To decide when a Tutor’s profile is sufficiently complete to be set live on the Website and be accessible by other Users.
2.7 To communicate new Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Website and by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communication).
2.8 To facilitate each Student’s payment of Lesson Fees and the payment of each Tutor’s Fees are processed promptly and usually within 72 hours of a Lesson, when there is no Complaint or Failed Payment.
2.9 To ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.10 To ensure that refunds to Students are made promptly in accordance with these terms and conditions.
2.11 To ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
2.12 To take precautions we consider reasonable to protect Students’ and Tutors’ information.
2.13 To monitor postings made on the Website and messages sent between Students and Tutors. This is to prevent the abuse and misuse of the Website as set out in these terms and conditions.
3. User Responsibilities
3.1 Users are responsible for their own security in conjunction with our services, both online and offline.
3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.
3.3 Users must immediately report to Tutorsfinder.co.uk any defamatory, offensive or illegal material they view on our Website.
3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Tutorsfinder.co.uk cannot guarantee that all of the content on the Website is complete, accurate or up-to-date.
3.5 Users are responsible for their own internet security when using the Website.
3.6 Users must contact Tutorsfinder.co.uk immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Tutorsfinder.co.uk that they believe their password has been compromised.
3.7 Users must not use the Website with the intention of disintermediating Tutorsfinder.co.uk in any way. Users must not promote opportunities or services of any company other than Tutorsfinder.co.uk on the Website.
3.9 Any User who fails, in Tutorsfinder.co.uk’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Tutorsfinder.co.uk reserves the right to cancel any existing bookings in such circumstances.
4. Student Responsibilities
4.1 Tutorsfinder.co.uk takes no responsibility for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
4.2 Students must be at least 13 years old to book for a Tutor themselves. Students under the age of 13 must be represented by a parent or legal guardian who gives consent for them to receive tuition. Tutorsfinder.co.uk is not responsible for any dispute regarding parental consent.
4.3 Students must ensure that all their personal details and contact information are accurate and up-to-date.
4.4 When a Booking is made more than 24 hours in advance of the start time of the first Lesson, Students have up to 12 hours before their first Lesson with chosen Tutor to confirm the Booking. When a Booking is made within 24 hours of the start time, Students have up to 3 hours before their first Lesson with chosen Tutor to confirm the Booking.
4.5 To confirm a Booking for their first Lesson with a Tutor, Students must enter, or have already entered, valid payment details on our Website.
4.6 When a Booking is confirmed, Students enter directly into a contract with the Tutor for the provision of Lessons and Tutorsfinder.co.uk accepts no liability in relation to the Tutor’s provision of lessons.
4.7 Students agree not to disintermediate, or attempt to disintermediate, Tutorsfinder.co.uk in any way at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within 12 months of the date of the most recent Booking with a relevant Tutor (the “Student Restriction Period“) and that, except where Tutorsfinder.co.uk has barred the Tutor or Student, all future Lessons within the Student Restriction Period with a Tutor found through the Website will be booked through tutorsfinder.co.uk.
4.8 Students must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student’s home, the Student must ensure a suitable setting for tuition.
4.9 Students must use their own judgement about the services of Tutors detailed on the Website. Although we undertake certain checks to assess the suitability of each Tutor prior to setting their profile live on the Website, Students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a Booking.
4.10 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made if Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises because of Tutors failing to provide the services.
4.11 Students are not permitted to offer a gratuity to their Tutors, either inside or outside of Tutorsfinder.co.uk.
4.12 Any Student who fails, in Tutorsfinder.co.uk ‘s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Tutorsfinder.co.uk reserves the right to cancel any existing Bookings in such circumstances.
5. Tutor Responsibilities
5.1 Tutors are not employees of Tutorsfinder.co.uk and are solely responsible for their own actions both on and off the Website.
5.2 Tutors must be at least 18 years old.
5.3 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.
5.4 Tutors will be personally responsible for the remittance of their PAYE, NI contributions and other applicable taxes to the appropriate authorities and should be able to present evidence of such when requested.
5.5 Tutors must be willing to undergo a DBS check within 90 days of enlisting (for those without prior or recent DBS certificates) on Tutorsfinder.co.uk. The DBS fee shall be fully paid by the Tutors within the window period (90 days).
5.6 If Tutors contact Students who are under 13, they must ensure that these Students are represented by a parent or legal guardian who gives consent for the Student to receive tuition.
5.7 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.
5.8 Tutors must disclose any criminal convictions or cautions they may have to Tutorsfinder.co.uk, including any criminal convictions or cautions received at any time after having registered a profile account on the Website and for as long as the Tutor remains registered.
5.9 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.
5.10 Tutors should only make Bookings for, or deliver, Online Lessons if they have a verified background check as set out in clause 16.4 of these terms and conditions.
5.11 Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
5.12 Tutors are responsible for setting their own Course Fee. Tutors must not knowingly charge a fee which is not in line with their level of expertise or experience.
5.13 Tutors agree that they will be ranked on the Website based on mixed factors like profile data, Student ratings and number of Lessons taught. Positive Student ratings, prompt messaging, repeat Bookings and a greater amount of Lessons taught will contribute to higher ranking on our Website’s search engine results. Tutorsfinder.co.uk reserves the right to change the way Tutors are ranked at any time.
5.14 Tutors should make Bookings for Lessons and respond to messages received from Tutorsfinder.co.uk and Users promptly.
5.15 For any Lesson given to a Student found via Tutorsfinder.co.uk ‘s Website, Tutors must make a Booking using the Website. Tutors agree not to solicit Students or disintermediate Tutorsfinder.co.uk, or attempt to solicit Students or disintermediate Tutorsfinder.co.uk, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within 12 months of the date of the most recent Booking with the relevant Student (the “Tutor Restriction Period“) and that, except that where Tutorsfinder.co.uk has barred the Tutor or Student, all future Lessons within the Tutor Restriction Period with a Student found through the Website will be booked through tutorsfinder.co.uk.
5.16 Tutors must only make Bookings for Lessons in accordance with the instructions of their Students. If Tutors make Bookings for additional Lessons which they fail to deliver, they will be liable to refund to the Student directly any Tutor Fee they have received for any such Bookings.
5.17 Tutors must allow at least 10 minutes from the scheduled start time of a Lesson for Students to attend the Lesson. If Tutors fail to do so, they will be liable to refund to the Student any Course Fee they have received for the relevant Booking.
5.18 Tutors must not complete coursework, or any similar assignments, on behalf of Students.
5.19 Tutors must ensure that all written communication with Students to organize Bookings and arrange Lessons takes place on the Website.
5.20 Tutors shall indemnify Tutorsfinder.co.uk for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.
5.21 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. Instructors will be liable to refund any fees received for an Online Lesson if they are unable to access the Online Classroom for whatever reason.
5.22 Tutors are not permitted to accept a gratuity from their Students, either inside or outside of Tutorsfinder.co.uk.
5.23 Any Tutor who, in Tutorsfinder.co.uk ‘s opinion (which need not be reasonable), fails to comply with these terms and conditions may be immediately barred from using the Website and related services. Tutorsfinder.co.uk reserves the right to cancel any existing Bookings at any time in such circumstances.
6.1 The Lesson or Course Fee payable by a Student for a Lesson will be displayed on the Website at the time of confirming a Booking. The Lesson Fee will also be displayed on the Student’s lessons dashboard on the Website, in Lesson reminder emails and, following Lessons, in emails confirming receipt of payment.
6.2 A Lesson or Course Fee is the Tutor Fee, which will be collected by Tutorsfinder.co.uk as the agent of the Tutor. All fees include any applicable VAT or other sales tax.
6.3 Students authorize Tutorsfinder.co.uk to instruct PayPal to charge their credit/debit card 24 hours after the scheduled end time of each Lesson for the Lesson Fee attached to the relevant Booking.
6.4 If any Student cancels a Booking less than 12 hours before the relevant Lesson is due to commence, payment may be taken less than 24 hours after the Lesson is due to end.
6.5 For Online Lessons, Students will be charged the full Lesson Fee, provided the Tutor attended the Online Classroom for at least 10 minutes from the Lesson’s scheduled start time. No charge will be made to the Student if a Tutor does not attend for at least the first 10 minutes of a Lesson and, therefore, give the Student enough opportunity to attend.
6.6 If a Lesson does not take place because a Student does not attend (whether in person or via the Online Classroom, as applicable), the Student will be charged the full Lesson Fee although the Tutor can use his discretion in such cases.
6.7 Payment processing services on Tutorsfinder.co.uk are provided by PayPal and are subject to the PayPal Connected Account Agreement, which includes the PayPal Services Agreement – United Kingdom (together, the “PayPal Terms”). By agreeing to these terms and conditions or continuing to operate as an Tutor on Tutorsfinder.co.uk ‘s Website, Tutors agree to be bound by the PayPal Terms, as the same may be modified or amended by PayPal from time to time; and Tutors agree to provide Tutorsfinder.co.uk with accurate and complete information about themselves and, where relevant, their business, and each Instructor authorizes Tutorsfinder.co.uk to share with PayPal such information and transaction information related to Tutors’ use of the payment processing services provided by PayPal.
7.1 A Student may cancel a Booking at any point before the scheduled start time of a Lesson.
7.2 Students must cancel a Lesson by cancelling the relevant Booking on the Website. Cancellations made through direct contact with the Tutor, such as by text or phone, and not through the Website, may result in charges still being made to a Student’s account.
7.3 Cancellations made more than 12 hours before a Lesson is due to commence will incur no charge.
7.4 Bookings cancelled by a Student less than 12 hours before a Lesson is due to commence may incur a charge. Tutorsfinder.co.uk leaves it to the Tutor’s discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student 30% of the Lesson Fee, as displayed at the time of confirming their Booking. Unless instructed otherwise by the Tutor, Tutorsfinder.co.uk will, as the Tutor’s agent, automatically instruct PayPal to charge 30% of the Lesson Fee and payment will be processed in accordance with these terms and conditions.
7.5 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly via the Website and cancel the Booking on the Website. In the event of a Tutor cancelling a Booking, the Student will not be charged any Lesson Fee or, if the Student has paid the Lesson Fee, will receive a full refund.
7.6 Bookings cannot be cancelled after the Lesson has started.
8. Missed Lessons and Complaints
8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student to seek a refund as a result of the service provided by the Instructor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Website) or a claim against quality (where the Student feels that the service provided by an Tutor falls way below the standards they reasonably expected).
8.2 A Student should inform Tutorsfinder.co.uk of a Complaint by either phone or email, firstname.lastname@example.org, within 48 hours of the scheduled finish time of the relevant Lesson.
8.3 When a Student informs Tutorsfinder.co.uk of a Complaint within 48 hours of the scheduled finish time of the relevant Lesson, Tutorsfinder.co.uk will contact the Tutor within 72 hours after such a Complaint has been received, by email and text message to inform the Tutor that a Complaint has been raised.
8.4 Should a Student inform Tutorsfinder.co.uk of a Complaint within 48 hours of the scheduled finish time of the relevant Lesson, Instructors have 48 hours to inform Tutorsfinder.co.uk of their desire to dispute the Complaint (and reject the associated refund request). Should Tutors not dispute the Complaint within 48 hours of being notified of the Complaint, Tutorsfinder.co.uk, as the agent of the Tutor, will instruct PayPal to process a full refund to the Student of the Tutor Fee.
8.5 Should a Student inform Tutorsfinder.co.uk of a Complaint more than 48 hours after the scheduled finish time of the relevant Lesson, Tutors have 48 hours to inform Tutorsfinder.co.uk by email or phone of their desire to uphold the Complaint (and authorize Tutorsfinder.co.uk on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact Tutorsfinder.co.uk within 48 hours to uphold the Complaint, Tutorsfinder.co.uk, as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their Complaint and reject the associated refund request.
9. Failed Payments
9.1 As defined in clause 15.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking, for which PayPal, as instructed by Tutorsfinder.co.uk, has been unable to make a successful charge against the payment details provided by the Student.
9.2 In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Lesson, the Student authorizes Tutorsfinder.co.uk to automatically instruct PayPal to retry the charge.
9.3 Students can also give Tutorsfinder.co.uk consent by phone, email, SMS or support messages to instruct PayPal to retry payments for any outstanding Failed Payment. Direct Bank Transfer can also be made into Platovon Learning Limited account with Barclays bank.
9.4 As the agent of the Tutor, Tutorsfinder.co.uk reserves the right to protect Tutors from further loss of earnings by cancelling Lessons and their associated Bookings at any point with Students who have an outstanding Failed Payment (including for Students who have an outstanding Failed Payment for a Booking with another Tutor).
9.5 In the case of a Failed Payment still being outstanding 72 hours after the scheduled end of the relevant Lesson, Tutorsfinder.co.uk will cancel all the Students’ further Bookings and inform the Tutor by SMS that PayPal has been unable to collect payment on their behalf. Tutors must not make any further Bookings for Lessons with the Student until the Failed Payment has been settled by PayPal making a successful charge for the full Lesson Fee.
9.6 As the agent of the Tutor, Tutorsfinder.co.uk may continue to seek payment to cover Failed Payments from the Student for 10 days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and/or phone.
9.7 Students accept that Tutorsfinder.co.uk reserves the right to pass bad debts for Tutors’ Fees to third party debt collection services and acknowledge that their credit rating may be affected.
9.8 Tutorsfinder.co.uk will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.
9.9 Tutorsfinder.co.uk reserves the right to pay Tutors, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Tutorsfinder.co.uk.
10. Child Protection
10.1 Tutorsfinder.co.uk seeks to provide the best service possible and provide a safe experience in which children can learn.
10.2 Any User who is the parent of a child under the age of 13 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.
10.3 If any User has a concern regarding child protection, they must contact Tutorsfinder.co.uk immediately.
10.4 Tutorsfinder.co.uk ‘s dedicated Child Protection mail box is email@example.com
11. Disclaimers and Limitation of Liability
11.1 Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
11.2 All Users must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter themselves.
11.3 If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable by both parties; or
- such loss or damage is caused by you, for example by not complying with these terms and conditions.
11.4 If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of our Website (subject of course to our obligation to mitigate any losses).
11.5 The following clauses apply only if you are not a consumer:
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to us includes our employees and agents.
- Our liability of any kind (including our own negligence) with respect to our Website for any one event or series of related events is limited to £50 or the total Platform Fees paid by you in the 12 months before the event(s) complained of, whichever is higher.
- In no event (including our own negligence) will we be liable
- economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of these terms and conditions.
- These terms and conditions constitute the entire agreement between us with respect to their subject matter and supersede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
12. Intellectual Property
12.1 When submitting material to Tutorsfinder.co.uk, Students and Tutors also grant to Tutorsfinder.co.uk a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material.
13. Changes to these terms and conditions
13.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised terms and conditions if you continue to use our Website or the services following the effective date shown.
14. Governing Law & Jurisdiction
14.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
14.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
15.1 “Booking” means the booking attached to an individual Lesson on the Website.
15.2 “Complaint” means a claim by a Student that either the service provided by an Tutor falls below the standards the Student expected of a Tutor introduced by Tutorsfinder.co.uk, or, that there was a Missed Lesson.
15.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with our Website.
15.4 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which PayPal as instructed by Tutorsfinder.co.uk, has been unable to make a successful charge against the payment details provided by the Student.
15.5 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.
15.6 “Lesson or Course Fee” means the Tutor Fee.
15.7 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.
15.8 “Online Classroom” means Tutor’s own online lesson space which is made available to Users at the time of booked Online Lessons.
15.9 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through the Tutor’s Online Classroom.
15.10 “Review” means any review, comment or rating.
15.11 “PayPal Terms” means the terms set out by PayPal Inc as set out within the PayPal Connected Account Agreement, which includes the PayPal Services Agreement – United Kingdom.
15.12 “Student” means a User who has registered a student account on the Website. The Student must be at least 13 years old. Where the learner is under 13 years old, the Student will be their parent or guardian.
15.13 “Tutor” means a User who has registered a Tutor account on the Website.
15.14 “Tutorsfinder.co.uk” means the company Platovon Learning Limited (company number 11197503) trading as Tutorsfinder.co.uk with its registered office address at 48 Handsworth Wood Road, Birmingham, United Kingdom, B20 2DT. Any reference to ‘we’, ‘us’ or ‘our’ refers to the company Platovon Learning Limited.
15.15 “User” means a person who uses our Website (whether they have registered an account with us or not).
15.16 “Website” means the website on the domain https://www.tutorsfinder.co.uk