Effective Date: September 2023

1. INTRODUCTION

Welcome Select Tuition ("we," "us," or "our"). These Terms and Conditions ("Terms") govern the use of our online tutoring services ("Services") by you ("Student" or "Client"). By using our Services, you agree to abide by these Terms. Please read these Terms carefully before enrolling in our online tutoring programs.

 

2. SERVICES

2.1. Scope of Services: We offer personalized online tutoring services in various subjects and areas. The scope of services will be discussed and agreed upon during the initial consultation.

2.2. Scheduling: Online tutoring sessions will be scheduled mutually between the Tutor and the Student. Sessions must be scheduled in advance, and any changes or cancellations should be communicated with at least [notice period] hours' notice.

2.3. Materials: Students are responsible for providing any necessary digital materials, software, or equipment required for online tutoring sessions unless otherwise agreed upon.

2.4. Progress Reports: We may provide progress reports periodically to track the student’s development in an online learning environment. However, these reports are not guaranteed or are not a guarantee of specific outcomes.

 

3. PAYMENT

3.1. Fees: The fees for online tutoring services will be determined based on the tutor selected. All lessons will be paid for in arrears, but should be paid before the next tutoring session takes place.

3.2. Late Payments: Late payments may incur additional charges or result in suspension of online tutoring services until the outstanding balance is settled.

3.3. Refunds: Refunds for prepaid online tutoring sessions may be considered on a case-by-case basis and are subject to our discretion.

 

4. CANCELLATIONS AND RESCHEDULING

4.1. Cancellations: Students are required to provide at least 24 hours' notice for online session cancellations. Failure to do so will result in the session being charged in full.

4.2. Rescheduling: Online sessions may be rescheduled with adequate notice, subject to the Tutor's availability.

 

5. CODE OF CONDUCT

5.1. Respect: Students are expected to treat Online Tutors with respect and professionalism. Tutors will reciprocate this respect.

5.2. Attendance: Regular attendance and punctuality for online sessions are essential. Chronic lateness or absenteeism may result in the termination of online tutoring services.

5.3. Academic Honesty: Students are expected to uphold academic integrity in the online learning environment and not engage in any form of cheating, plagiarism, or dishonest behaviour.

 

5.4. PROHIBITED ACTIONS

When using the Site, you agree not to:

Collect or compile Site content without written permission.

Attempt to deceive or defraud us or other users.

Circumvent security features or interfere with the Site's operation.

Use the Site for harmful or illegal purposes.

Harass, abuse, or harm others through the Site.

Impersonate other users or individuals.

Disrupt the Site's functionality or networks.

Use automated tools to access the Site.

Delete copyright notices or proprietary rights from Content.

Engage in activities that create an undue burden on the Site.

Attempt to bypass Site measures to restrict access.

Continued use of the Site implies your commitment to abide by these prohibitions.

 

6. CONFIDENTIALITY

All information shared during online tutoring sessions, including but not limited to academic records, personal information, and digital study materials, will be treated as confidential and will not be disclosed to third parties without the student’s consent, except as required by law.

7. LIABILITY

7.1. We are not responsible for the academic performance or outcomes of the student in an online learning context, as success depends on various factors, including the student’s efforts and dedication.

7.2. We are not liable for any loss or damage to digital personal belongings during online tutoring sessions.

 

8. TERM AND TERMINATION

Duration of Agreement:

These Terms of Use will continue to be in effect for the duration of your use of the Site.

• Termination Rights:

We hold the exclusive authority to terminate or deny access to the Site, without any prior notice or liability. This includes, but is not limited to, blocking specific IP addresses. Such actions may be taken at our sole discretion and for any reason or no reason at all. Grounds for termination may include a breach of any representation, warranty, or covenant within these Terms of Use, or a violation of any applicable law or regulation.

• Account Termination:

We retain the right to terminate your participation in the Site, remove your account, and delete any associated content or information, all without prior warning and at our sole discretion.

• Prohibition on Re-registration:

If your account is suspended or terminated, you are expressly prohibited from re-registering or creating a new account under your name, a fictitious name, or the name of any third party. This prohibition applies even if you are acting on behalf of a third party.

• Legal Recourse:

In addition to account termination or suspension, we may initiate legal action, which may encompass civil, criminal, or injunctive measures, as we see fit.

 

9. AMENDMENTS

We may update these Terms from time to time. Please regularly check these, as continued use of our online Services after such changes will constitute acceptance of the updated Terms.

10. CONTRIBUTION LICENSE

You acknowledge that we may access, store, process, and use the information and personal data you provide. We keep all data on a secure, dedicated database through our supplier ‘Tutor Cruncher’. See their policy for further details.

When you provide feedback or suggestions about the Site, you grant us the right to use and share that feedback without any compensation to you. We hold no liability for the statements or representations in your Contributions, and you agree not to hold us legally responsible for your Contributions.

 

11. CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us through the contact us page at www.selecttuition.co.uk

By enrolling in our online tutoring services, you acknowledge that you have read, understood, and agree to these Online Tutoring Services Terms and Conditions.

 

12. EXTERNAL WEBSITES AND CONTENT FROM THIRD PARTIES

Our website may provide links to external websites and may feature content from third-party sources. Please note that Select Tuition has not conducted a review to verify the accuracy, appropriateness, or completeness of these external resources. We do not accept responsibility for any third-party websites accessed through our platform or for any third-party content posted on or available through our website. The inclusion of such links or content does not imply our approval or endorsement.

When you choose to access third-party websites or utilise third-party content, you do so at your own risk, and the terms of these Terms of Use no longer govern your actions.

 

13. OWNERSHIP OF CONTENT

Unless specified otherwise, the Site and its content, including but not limited to text, graphics, images, software, designs, audio, video, and trademarks (collectively referred to as the "Content"), are the exclusive property of Select Tuition. This includes protection under copyright, trademark, and other applicable laws.

You are granted a limited, non-exclusive license to access and use the Site's Content solely for personal, non-commercial purposes, provided you adhere to these Terms. No part of the Site's Content may be reproduced, distributed, modified, sold, or exploited for commercial purposes without prior written consent from Select Tuition.

 

14. AMENDMENTS AND INTERRUPTIONS

• Content Modification and Site Alterations:

We maintain the sole discretion to amend, delete, or modify the content of the Site without prior notice. This includes the potential discontinuation of specific portions or the entire Site. We are under no obligation to update the information contained on the Site, and we may carry out alterations or cease Site operations without advance notification. Select Tuition shall not be held accountable to you or any third party for any changes, suspensions, discontinuations, or adjustments made to the Site.

• Interruptions and Technical Issues:

Although we endeavour to sustain uninterrupted access to the Site, there may be occasions when hardware or software issues, maintenance needs, or other technical complications result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise alter the Site at our discretion and without notifying you. You acknowledge that we bear no responsibility for any loss, damage, or inconvenience arising from your inability to access or employ the Site during any periods of downtime or discontinuation. These Terms of Use do not impose any obligation upon us to maintain or support the Site or to provide corrections, updates, or releases for it.

 

15. Other

By accepting these Terms of Use, you undertake the responsibility to defend, indemnify, and safeguard us, as well as our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, against any loss, damage, liability, claim, or demand, including reasonable legal fees and related expenses, initiated by a third party due to or arising from:

Your utilisation of the Site.

• Any breach of these Terms of Use on your part.

• Any breach of the representations and warranties you have provided in these Terms of Use.

• Your infringement upon the rights of a third party, including, but not limited to, intellectual property rights.

• Any overt harmful actions aimed at any other user of the Site with whom you have engaged via the Site.

However, we reserve the right, at your cost, to assume sole control and oversight of any matter for which you are obligated to indemnify us. You agree to cooperate, at your own expense, with our defence in such instances. We will exert reasonable efforts to notify you promptly of any claims, actions, or legal proceedings subject to this indemnification as soon as we become aware of them.

 

16. Tuition Arrangement

Select tuition act as a tuition agency introducing students to tutors. Whilst we do our best to safeguard students. It is the clients/ parent’s responsibility to ensure adequate safeguarding procedures are in place.

We recommend the following arrangements are in place:

- An adult to be present for all online tuition lessons

- Lessons are recorded (with the tutor’s consent, to protect with regard to safeguarding)

- A request directly to the tutor to see their DBS status (whilst we may check these at our discretion, we hold no legal responsibility for the DBS status of tutors).

 

17. MISCELLANEOUS CLAUSES

• Entire Agreement:

These Terms of Use, in conjunction with any posted policies or operational guidelines on the Site, constitute the full agreement and mutual understanding between you and us.

• Non-Waiver of Rights:

Our choice not to enforce a particular right or provision within these Terms of Use does not imply a relinquishment of that right or provision. These Terms of Use remain enforceable to the maximum extent allowed by applicable law.

• Assignment of Rights:

We retain the authority to assign our rights and obligations, either wholly or partially, to any other party, at any given time. We are not liable for any loss, damage, delay, or inability to act due to circumstances beyond our reasonable control.

• Severability of Provisions:

If any provision or portion thereof in these Terms of Use is found to be unlawful, void, or unenforceable, that specific provision or portion shall be deemed separable from these Terms of Use. This separation does not affect the validity and enforceability of the remaining provisions.

• No Partnership or Agency:

No joint venture, partnership, employment, or agency relationship is established between you and us as a consequence of these Terms of Use or your use of the Site.

• Non-Adverse Construction:

You acknowledge that these Terms of Use will not be interpreted against us solely because we drafted them.

• Electronic Acceptance:

Additionally, you hereby waive any defences arising from the electronic form of these Terms of Use and the absence of physical signatures by the parties involved in executing these Terms of Use.

 

18. DISCLAIMER OF WARRANTIES AND LIABILITY

• Site Condition:

The Site is presented to you in its current condition, "as-is," and "as-available." Your utilization of the Site and our services is solely at your own risk.

• Warranty Disclaimer:

To the maximum extent permitted by applicable law, we disclaim all warranties, whether express or implied, related to the Site and its usage. These include, but are not limited to, implied warranties of merchantability, fitness for a specific purpose, and non-infringement.

• Accuracy and Completeness:

We do not warrant or represent the accuracy or completeness of the Site's content or any content found on linked websites.

• Limitation of Liability:

We bear no responsibility for:

(a) Errors, mistakes, or inaccuracies in content and materials.

(b) Personal injury or property damage arising from your use of the Site.

(c) Unauthorized access to or use of our secure servers and personal/financial information stored therein.

(d) Interruption or cessation of transmission to or from the Site.

(e) Bugs, viruses, Trojan horses, or similar issues transmitted via the Site by third parties.

(f) Errors or omissions in any content and materials.

(g) Any loss or damage arising from the use of any content posted, transmitted, or made available through the Site.

• Third-Party Offerings:

We neither endorse nor assume responsibility for any products or services advertised or offered by third parties through the Site or linked websites. Moreover, we are not liable for transactions between you and third-party providers. As with any purchase of products or services through any medium, it is essential to exercise your best judgment and exercise caution as needed.

 

19. Under no circumstances, including negligence, shall we, our directors, employees, or agents, incur liability to you or any third party for damages of any kind, be they direct, indirect, consequential, exemplary, incidental, special, or punitive. This includes but is not confined to lost profits, revenue, data, or any other damages that may arise from your utilisation of the site, even if we have been apprised of the potential for such damages.

 

20. Contact Us

For resolution of complaints regarding the Site or for further information regarding its use, please contact Select Tuition.