Date of last revision: January 2023
These terms and conditions (hereinafter "terms and conditions", “terms”, “agreement”) shall govern the relationship arising out of the use of the services offered by the Company. By using this website, you issue irrevocable consent to the conditions and provisions determined in these terms and conditions. We advise you to read through these terms and conditions before using the services on the Website.
- Definition of terms
- The terms used in this document shall have the following meaning:
- References to “you”, or “your” refer to Visitor or Registered User accessing this Website, as per the context provided in the relevant clause.
- References to “we”, “us”, “our” or “Company” refer to EDUMENTORS LTD (a limited liability company validly incorporated and existing under the legislation of the United Kingdom, with company number 13533363).
- References to “Website” refer to www.edumentors.co.uk as well as any other domain endings, mobile apps or systems owned and operated by the Company.
- Visitor – shall imply any person who visits the Website without registration. Visitors can view the content of the Website and use all the features that are available for free, without a registered account.
- Registered User – is any person who has completed the registration on the Website regardless of the role they selected.
- Tutor – is a Registered User who has indicated a tutor role during the registration and intends to offer their services through the Website.
- Parent – is a Registered User who selected a Parent role during the registration and intends to buy services from Tutor through the Website.
- Student - is a Registered User who selected a Student role during the registration and intends to use services from Tutor on the Website.
- User - is a Parent or a Student
- Session - is a 50-minute session booked on the Website by the User and held online or in-person by the Tutor.
- Tutor Fee - is a fee per Session set by the Tutor on the Website
- Platform Fee - is a transaction commission charged by the Company on every transaction between the Tutor and the Parent for holding Sessions booked on the Website.
- Session Fee - is a fee per one Session indicated on the Website which includes the Tutor fee and the Platform fee
- Booking Request - is a request made by the User to the Tutor for the purchase of a collection of Sessions posted by the Tutor. Booking Request includes start date and time of the Sessions, number of Sessions, Session Fee and total Service Fee.
- Service Fee - is the cumulative Session Fees in accordance with the Booking Request.
- Conclusion of the agreement
- We provide services via our Website to assist Users in searching for, identifying, reviewing and receiving the services from Tutors listed on the Website.
- By visiting our Website or registering an account on our Website, you automatically agree to these terms and conditions and our Privacy Policy and therefore enter into the legally binding Service Agreement (the “Agreement”) with us.
- If you do not agree to any of the provisions of these terms and conditions you should immediately stop using the Website and the services and cease access from your computer and/or any other applicable device.
- We may make changes to these terms and conditions at any time. If we do, we will post these changes here and they will be effective immediately. Please check regularly so that you are aware of any changes, as once they appear here, if you use the website, it means that you accept them.
- Use of the Website
- You can use the Website and services to upload and share content, which relates to your specific needs with regard to the transactions you wish to engage in with another Registered User.
- You may not use our Website or services to do or share anything:
- That breaches these terms and conditions, our content policies and standards and other terms and policies that apply to your use of this Website.
- That is unlawful, misleading, discriminatory, or fraudulent.
- That infringes or breaches someone else's rights.
- You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of the Website, any of its content, or our services.
- You may not access or collect data from our Website using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
- We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
- To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies via email to info@edumentors.co.uk
- Apart from the reasons stated above, you explicitly consent to our editing of any of your content for grammar, stylistic spelling, or similar manner without materially changing the substantive part of it. Such editing may include but not be limited to deleting repetitive words, adding an omitted letter and/or use of the punctuation marks. We reserve the right to make such amendments without consulting or informing you about them. You also consent that we can edit or change your profile picture in a manner to make it more visually appealing. We reserve the right to delete any profile images that display inappropriate content.
- Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these terms and conditions.
- Eligibility to use our services
- Our Service is available only to, and may only be used by, individuals or entities who can form legally binding contracts under applicable law. You, as a Visitor or a Registered User represent and affirm that you have a legal capacity to accept the terms and conditions of this Agreement and that you do, and will, comply with these terms and conditions. If you do not qualify, please do not use our Website and services.
- If you select the Student role during the registration process, you will be asked to provide the details of your parent or legal guardian who will receive an automated registration invitation. Your account will only be activated after your parent or your legal guardian has completed their account registration and has given us applicable consent for creating your account. If your parent or legal guardian fails to do so within 30 days of receiving the registration invitation, your account and provided information will be permanently deleted from our system. After you complete the registration, you can search tutors but you will not be able to request sessions or chat with tutors. After your account is activated, you will be able to login and use the Website, however some features will not be available to you and your registered parent or legal guardian would need to perform those actions for you.
- If you select the Parent role during the registration process, you will be able to add or approve a Student account. By approving or adding a Student, you give us the permission to collect and store the information about the Student according to our Privacy Policy. The Student account will be linked to your account and you will be able to complete booking requests and add payment methods for confirmed sessions.
- Account registration on the Website
- In order to post or purchase the Sessions through the Website and execute relevant transactions, both Tutor and the User shall have registered accounts on the Website through the completion of the registration form on the Website and the submission of requested information/materials as per the manner and form determined by the Company.
- In order to use the services of the Website, the Registered User shall complete the registration form on the Website and submit the account registration request. The Registered User shall be entitled to use the services only after the registration of the account. The Registered User shall fully complete the registration form, submit the requested information/materials and fulfil any other condition determined by the Company. The Registered User shall be responsible for the correctness of the submitted information and materials. The Company shall be entitled to change the conditions, requirements and other rules governing the account registration at any time, at its sole discretion. The Company is also entitled to determine the time for the review of the account registration request and decision taking procedure for granting or rejecting the request, as well as determining any additional conditions and requirements for the account registration.
- The Company is entitled to determine different registration requirements and rules for different Registered Users (Tutors, Parents or Students). Submission of the registration form and all required information/materials, as well as the fulfilment of all preconditions and requirements by the registering person, shall not obligate the Company to grant the account registration request. The Company has a right to reject any account registration request and deny any person the possibility to use the Website.
- Tutor service, fees and purchase of the Sessions by the User
- Services offered by the Tutor – The services offered by the Tutor to the Users are determined by the Tutor by providing the relevant information on the Website.
- Session Fee - Session Fee is a fee shown on the Website for a 50-minute Session which includes the Tutor Fee, the Platform Fee and all applicable taxes determined by the UK law. The Tutor enjoys the flexibility to set or edit their own Tutor Fees.
- Booking request and approved Sessions – In order to purchase the Sessions of the Tutor, the User shall submit the Booking Request to the Tutor through the Website. The request shall include specific date and time of the requested Sessions, exact number of Sessions and the corresponding total Service Fee. The Tutor has 12 hours to approve or reject the Booking Request from the moment of receiving it. The Tutor enjoys the full discretion and freedom to either reject or approve the Booking Request, however the Tutor shall provide the reason for the rejection of the request to the User and to the Company through the Website.
- Provision of services – If the Tutor approves the Booking Request of the User, the Tutor shall provide the services to the User as per the terms of the accepted Booking Request. When Tutor accepts the Booking Request, individual Session bookings will be automatically created by the Website.
- Completion of Sessions - The individual Sessions will be deemed completed after 48 hours from the end time of the Session unless the User raises a concern to us. The User can raise any concerns regarding the attendance, quality or delivery of the Session within 48 hours from the end time of this Session. If no concerns are raised by the User within the above-mentioned time, the Session will be deemed completed and no refund will be issued to the User. If a concern is raised by the User or the Tutor, the Company will investigate the case within a reasonable time and make a final decision whether the Session is deemed completed or not. If the Session was considered by the Company as not completed, the Company has the right not to release Session fee to the Tutor for the Session in question and issue a refund to the Parent for that Session. In such an event, the Tutor shall be liable to the Company the Platform Fee for the refunded Session(s).
- Session missed by the User - If the User did not attend the Session, Tutor is obliged to inform the Company before the end or immediately after the end time of that Session. In the event that the User did not attend the Session, it is under Tutor’s full discretion whether to offer the User a free replacement Session or not.
- Payment for the purchased service by the Parent - The total amount of the Service Fee will be automatically generated by the Website based on the information provided in the Booking Request, including but not limited to the number of Session and the Session Fees. We will not charge the total amount upfront. Each Session Fee will be charged to the payment method specified by the Parent via our secure online payment processing partner, Stripe 24 hours in advance to the Session start time. In certain circumstances we may allow the Parent to make a direct bank transfer to our account in order to pay for the Service Fees.
- Provision of platform services only - For the avoidance of doubt, the Company does not provide any type of tutoring or mentoring services directly to the User, the Company only organises the platform and helps the Users and Tutors to find and transact with each other through the Website. The Parent is charged for the Session Fees by us on behalf of the Tutor after which the Platform Fee and other applicable bank or transaction fees are deducted and the final payment is made to the Tutor in accordance with these terms and conditions.
- Payment to the Tutor - The Company shall pay the Session Fees to the Tutor after the deduction of the Platform Fee and other applicable bank or transaction fees twice a month with the following schedule:
- Payment 1: on the 18th day of each month. This payment will cover the Session Fees of all Sessions completed between the 1st - 15th of the month.
- Payment 2: on the 3rd day of each month. This payment will cover the Session Fees of all Sessions completed between the 16th and the last day of the previous month.
- All payments will be made to the UK bank account indicated by the Tutor via our secure online payment processing partner Stripe. It might take up to 5 business days for the amount to be reflected on the Tutor’s bank account. In certain circumstances the Company reserves the right to request the Tutor to provide additional confirmation of the completion and/or attendance of the Sessions prior to releasing the payment.
- Rescheduling of approved Sessions - The User or the Tutor can submit a rescheduling request for the approved Sessions on the Website. It is not allowed to reschedule already completed sessions. The approved Sessions will be automatically rescheduled after the second party approves the rescheduling request. If the Parent has already been charged for the rescheduled Sessions, he/she will not be charged again for the same Sessions at the new rescheduled time. In cases where the User is not able to organise the rescheduling by themself, they need to submit the rescheduling request to the Website administrator who will submit the request according to these terms and conditions.
- The Company reserves the right to change/amend the rules governing the Booking Request, payment rules, Session completion, Booking Request approval/rejection, technical features and all other transactions/actions determined in the terms and conditions.
- Fees and payments
- We charge the fees in consideration for the use of our Website.
- The Platform Fee is variable and is determined by the Company. The Platform Fee is calculated from the total amount to be paid by the Parent to the Tutor.
- Parents authorise us to enable our online payment service provider partners to charge their credit/debit card(s) for the automatic payment of the Session Fees.
- The Parents are responsible for paying any Service Fees that they owe to us. The applicable Service Fees (including any applicable taxes) are collected by our secure online payment service provider partners.
- The Company reserves the right to deduct any fine/fee/damages or any other payment owed by the Registered User as per this Agreement or applicable legislation from any payment charged or received by the Registered User through the Website, irrespective of the fact whether this payment is related to the fine/fee/damages or other payable toward the Company.
- Liability of the Company
- Within the frame of our services, we only organise the platform and help the Users and Tutors to find and transact with each other through our Website. We undertake no responsibility or liability whatsoever for either the truthfulness, or for the merchantability, or for any legal or proprietary title, or for any properties of the services/listings or services thus offered and/or provided by the Tutor to the User. The Company takes no responsibility for the quality of the Sessions provided by Tutor, non-performance of obligations by Tutor or by the User, or breach and violation of agreement or law by either party. The Company shall intervene in the relationship between the User and the Tutor strictly within the frameworks determined in this Agreement and shall take no responsibility for any dispute between the Tutor and the User. The Tutor and User shall regulate any issue (except for the issues which are expressly regulated herein) of their relationship through their agreement and in case of dispute, they shall protect their interests by themselves and resolve their dispute as per the rules determined by the applicable legislation.
- The Company may elaborate specific policies and mechanisms that will be addressed for the facilitation and encouragement of the good-faith performance of obligations by the Registered Users towards each other, as well as for the regulation of the disputes. Nevertheless, the existence or non-existence of such policies/mechanisms shall not impact the provision of paragraph 1 of this article and shall not give rise to Company’s liability in any form whatsoever.
- The services provided by the Company to the Registered User shall only imply the operation of the platform enabling the Registered Users to find, connect and transact with each other. This Agreement shall not give rise to any kind of employment or freelance relationship whatsoever for any Registered User.
- Non-circumvention policy. Liability of the Registered User
- The Registered User is strictly prohibited to circumvent Company in order to transact with another Registered User they have met via the Website to book the services that are listed on the Website.
- Company reserves the right to monitor all Registered Users’ activities on the Website or using the services, including, without limitation, communications by and between the User and the Tutor in order to monitor compliance with the foregoing non-circumvention requirements.
- If the Company determines that any Registered User is in violation of this article or any other term or provision of this Agreement, it reserves the right to immediately close the relevant accounts on the Website, deny any future access to the Website and remove any listings from the Website. The Company is entitled to temporarily suspend the relevant accounts on the Website before removing them, as per its sole discretion. The Company also reserves the right to impose the financial penalty on the owners of the relevant accounts in the amount of 20% of the total value of bookings made during the last 3 months through the Website. The Company has full discretion to use any of the measures/legal remedies provided in this paragraph either jointly or separately and in any sequence, as it deems appropriate. The fact that the Company does not use one of these remedies does not mean that it has waived its claims/requests.
- Intellectual property rights
- All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the services are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material within the services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for your own personal, non-commercial use.
- Under no circumstances shall the use of the services grant to you any interest in any intellectual property rights owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sublicensable licence to use such intellectual property rights in connection with your personal, non-commercial use of the services pursuant to this Agreement.
- No rights whatsoever are granted to use or reproduce any trademarks or logos, which appear on the Website except as specifically, permitted in accordance with the Agreement.
- You must not, nor must you allow any other person to copy, store, publish, rent, licence, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Agreement.
- The entire contents of the Website are copyrighted by the Company and the information held is for your personal use only. Permission to view, copy, print or distribute the contents of the Website is subject to the following conditions: (i) the contents may be used for non-commercial, informational purposes only; (ii) any copy of the contents or portion thereof must include this copyright notice; (iii) any product, process or technology described on the Website may be the subject of other intellectual property rights reserved by the Company and are not licensed hereunder. The products and services mentioned may not be available in all countries. The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by The Company.
- While you own the copyright to the content you created, posted or uploaded to the Website or group chats created by the Website administrators, including but not limited to texts , images or videos, you grant us unlimited, irrevocable free licence to republish that content on our site or to redistribute, make available, sell or advertise that content in print or electronic form anywhere in the world as part of an edited compilation or otherwise for our marketing and advertising purposes.
- Prohibitions
- If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or fraudulent representation, or misrepresentation with regards to any service used, including but not limited to any listing or service advertised or registered for the transaction via this Website conduct otherwise in violation of this Agreement, your access to the services may be terminated immediately and/or your account blocked.
- We review the use of the services in order to detect the use of bots or Artificial Intelligence software on a daily basis and in the event that we deem it has been used, the Company reserves the right to take any action we deem appropriate, including immediately blocking access to the services and terminating such accounts.
- You undertake that:
- You will not “stalk,” threaten, or otherwise harass another person.
- You will not access or use the Website to collect any market research for a competing business.
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website.
- You will let us know about inappropriate Registered Users’ content of which you become aware.
- We have the right, but not the obligation, to review and reject or remove any listing or other Registered User content that, in our sole discretion, violates these terms of the Agreement in any respect. We also reserve the right, in our sole and absolute discretion, to deny you access to the Website, or to any portion of the Website, without notice.
- External sites and third-party vendors
- The Website may contain links to third-party websites, including, without limitation, websites maintained or owned by other Registered Users or the websites of third-party vendors that may provide services complementary to our services. These links are provided solely as a convenience to you and not as an endorsement by us of such external sites.
- The external sites are developed and provided by others, and you should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or any content located on such external sites. We are not responsible for the content of any linked external sites or the third-party vendors highlighted on such external sites, and we do not make any representations regarding the content or accuracy of materials on such external sites or any such third-party vendors. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked external sites, you do so at your own risk.
- Tutor obligations and liabilities
- Warranties - Tutor hereby represents and warrants that any and all information in any registration questionnaire is truthful and accurate, and it has the full right, power, and authority to offer its services through Website and to collect money in connection with the sale of its services through the Website.
- Tutor is solely responsible for obtaining any and all permits and/or approvals necessary to provide their services. The tutor is solely responsible for paying all applicable taxes, levies, or fees with respect to the provided services. The company reserves the right at any time to refuse to list a service or cancel the listing of a service or to remove a service listing for any reason whatsoever. Tutor agrees that there shall be no recourse against the Company for exercising its right to refuse a listing, or for removing the listing of service from the Website.
- For the avoidance of doubt, the Tutor acts as an individual service provider using the Website to find, connect and transact with the Users. Tutor hereby acknowledges that no employment or freelance relationship of any sort arises between a Tutor and the Company before, during or after the provision of the services by the Tutor.
- Tutors are not instructed by the Company and they act independently when providing their services.
- Tutors are not authorised to represent the Company in any transactions.
- Refund Policy and Cancellation of the approved Sessions
- Cancellation of the approved Sessions requested by the Tutor - Tutor must submit all cancellation requests to the Website administration. Cancellation of the approved Sessions is not effective unless and until Tutor has requested the cancellation through the Website. In cases where the Tutor cancels the approved Sessions, the Company will not charge the Parent for the cancelled Sessions and if the Parent has already been charged for the cancelled Sessions, will find a substitute Tutor or, at the request of the Parent, refund the 100% Session Fees to the Parent within 5 business days. Tutor shall be responsible to pay to the Company the Platform Fees on the cancelled Session(s) except for the case when Tutor requested cancellation of the Sessions due to graduation with at least 2 months of notice period.
- Cancellation of the approved Sessions requested by the User - The User must submit all cancellations to the Website administration. In case the User requests to cancel the approved Session less than 24 hours earlier to the commencement of the Session, the Parent shall be liable for full payment of the Session Price. The User shall have no right to cancel the approved Sessions after the commencement of the Sessions.
- In the case where any Registered User cancels the approved Sessions due to which, another Registered User incurs any damages, they shall resolve all disputes/misunderstandings related to the reimbursement of damages and performance of other liabilities by themselves. The Company shall take no responsibility to be involved in any such dispute. All such cases must be governed by article 8 of this Agreement.
- If the User requests a cancellation of approved Sessions more than 10 hours in advance to the commencement of the approved Sessions, the Parent shall pay the Company the Platform Fees of the cancelled Sessions unless otherwise agreed with the Company in writing.
- If the User requests a cancellation of approved Sessions for which the User had received a discount at the time of submitting the Booking Request, the Parent is liable to pay the Company the cumulative discounted amount for all completed Sessions together with the amount set out in Clause 14.4.
- If the Tutor requests rescheduling of approved Sessions one or more times that leads to the User to request a cancellation of the approved Sessions with this Tutor, the Tutor will be liable to pay the Platform Fees for the cancelled Sessions to the Company, with a minimum fee of £50.
- If the Sessions have been completed according to these terms and conditions, the User has no right to request a refund for the completed Sessions. If the User has raised a concern regarding a Session in accordance with these terms and conditions, the case will be individually investigated by the Company and a decision will be made by the Company regarding the refund for the disputed Sessions to the Parent.
- Termination
15.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
- Governing law and disputes
- The Agreement and any action related thereto will be governed by the UK law without regard to its conflict of law provisions.
- The UK law governs this Agreement regardless of whether you reside or transact business with us in the UK or elsewhere, and you agree that the UK Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this Website and this Agreement.
- This Website is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this Website or such distribution or use would be contrary to local law or regulation. If you choose to access information on this Website, it is your responsibility to comply with the applicable local, national or international laws and any use of this Website in such jurisdictions are entirely at your own risk. For guidance relating to your specific situation, please contact your legal adviser.
- Final provisions
- No waiver by us of any terms of the Agreement shall be interpreted as a waiver of any preceding or succeeding breach of any terms of the Agreement.
- Unless otherwise expressly stated, nothing in the Agreement shall create or confer any rights or any other benefits to third parties.
- Invalidity - If any provision of this Agreement is, or is held to be, invalid or unenforceable then, so far as it is invalid or unenforceable, it has no effect and is deemed not to be included in this Agreement provided that this shall not invalidate any of the remaining provisions of this Agreement and the parties shall use all reasonable endeavours to replace the invalid or unenforceable provision by a valid provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
- Pursuant to state and/or applicable jurisdiction, you may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to you. By using the services, you agree to fully comply with all applicable tax laws and hereby release the Company from any liability associated with your compliance.
- Amendments - Company shall enjoy the right to amend these terms and conditions and/or set forth additional conditions at any time and without prior notice.
- Assignment - The Registered User is not entitled to assign or transfer any part of its rights and obligations under this Agreement, and/or any other document in relation to this Agreement without the prior written consent of the Company.
- Communication – any correspondence related to this Agreement shall be considered to be duly sent if the Registered User is sending such correspondence to the email: info@edumentors.co.uk from the email which was indicated by the Registered User upon the registration of the account. For the purposes of communicating with the Registered User, the Company is entitled to use the e-mail, phone or other contact details indicated by the Registered User during or after the registration process.