Last Update: 10/09/2023

`Terms` and `Conditions`

Please read the following Terms and Conditions carefully. They are important and represent a binding agreement between you and TutorChase Ltd.

These Terms and Conditions are for the use of our website, using our services and any correspondence between the parties and apply to individual consumers and businesses.

About Us

TutorChase Ltd is a company registered in England at71-75 Shelton Street, London, WC2H 9JQ, UK. Company Number 12929942

TutorChase Ltd is an Employment Agency within the definition of section 13(2) of the Employment Agency Act 1973. This means that we operate a matching service only and do not receive a fee or any payment from Tutors or any other workers for introducing them to Clients. Neither do we have any control or influence over the Tutor’s fees, payments, working practices or conditions.

Background

We own and operate the website https://www.tutorchase.com/, which displays our digital tutoring matching service to clients, where we introduce a tutor to a client, taking a fee from the client.in return.

Your Privacy

We take data protection very seriously and take all reasonable steps to look after your Personal Data. To use our Services, you may need to give us your Personal Data or personal information.You may refuse at any time to give this permission and you have the right to access your Personal Data. However, it may mean that you cannot use our Service fully.

We are also obliged to keep certain records under the Employment Agency Act 1973 and The Conduct of Employment Agencies and Employment Businesses Regulations 2003.

We must keep records which are sufficient to show whether the provisions of the above employment agency legislation are being complied with.

We must keep any such recordsfor at least one year from the date of their creation or at least one year after we last provided services to you concerning a particular tutor.

We are also required by law to obtain certain information from you, which may include; your identity, the date you require the Tutor to start work and the duration, or likely duration of the work, or any Information about the experience, training, qualifications and any authorisation which you think are necessary, or which are required by law, or by any professional body, for a tutor to possess.

Please read our Privacy Policy for more information on your privacy rights and how we look after your data.

Cookies

Our website uses cookies; you need to agree to the use of these cookies or opt out of their use. This can be done in Cookie Settings or by using the pop-up banner on the home page when you first browse our website.Please read our Cookie Policy for more information.

Definitions

“TutorChase” ”We” ”Us” or “Our” (plural or singular)means TutorChase Ltd, which owns and operates the website https://www.tutorchase.com/ and introduces tutors to clients.

“User” “Visitor” “Client” “you”, and “your” (plural or singular) means site visitors, clients, and any other users of the site.

“Tutor” means tutor, teacher or someone who provides teaching Services.

”Service” or “Services” mean the Services provided by TutorChase Ltd of introducing tutors to clients.

“Parties” TutorChase Ltd and the Client collectively.

“Session” means a single period in which the tutor provides the tutoring Services, for example, a maths lesson online or face to face.

“Project” means the tutoring Services between the Tutor and the Client.

“Website” or ”Site” Means the website www.tutorchase.com , which is owned and operated by TutorChase.

1.1 Payment and Charges

1.1. You must be 18 years of age or older to buy our Services. Persons under 18 must get consent from parental authority.

1.2. You agree to pay all costs and charges related to the Services you have ordered from TutorChase and agree to use the correct payment facilities and processes.

1.3. Prices and costs may change sometimes in the normal course of business practice.

1.4. However, if we change the price after you place the order, you will be expected to pay the original price and not the changed price for that order.

1.5. You agree that placing an order means you are obliged to pay for the Service you have ordered.

1.6. The fee you pay for hiring the tutor will be set by the Tutor through Beijing Qizhu Information Consulting Co Ltd (BQIC), which acts on behalf of the tutor and administer the tutoring process. They will send you appropriate invoices and deal with any issues or requests concerning tutors.

2. Lawful Purposes

2.1. You may use our Site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting for you through the Site. You agree to use the Site and to purchase our Services through the Site for legitimate purposes only.

2.2 You must not post or transmit any material which violates or infringes the rights of others through our Site. Or which is threatening, abusive, racist, offensive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages behaviour that that would be a criminal offence, give rise to civil liability, or otherwise violate any law.

3. Site refusal

3.1. We display our Services, but it is our decision if we accept your order or requests. We have the right to refuse any order, person, or entity without having to give a reason for doing so. We cannot accept an order until payment has been processed and received. We may at any time change or stop any aspect or feature of the Site as long as we have fulfilled our previous responsibilities to you, such as payment or refunds.

4. Our Services

4.1. We provide a digital tutoring matching service.

4.2. All Tutors are provided by an independent Company.

4.3. Tutors are not our representatives authorised to speak on our behalf or bind us to any agreement.

5. Your Obligations

5.1. You acknowledge and agree to give us all the relevant information necessary to be able to carry out the Services you require. For example, your aims, timescales, and expected outcomes. Lesson times and duration

5.2. You acknowledge and agree to give us all the relevant information necessary to be able to carry out the Services you require—for example, your aims, timescales, and expected outcomes.

5.3. You agree to fully cooperate and assist us in complying with our duties under these Terms and Conditions and relevant law.

6. Refunds

6.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you can cancel a Service bought online within 14 days before the particular Service has started for any reason. This is sometimes called the cooling-off period. You can ask us for a refund at any time within this period.

6.2. To withdraw from a contract for services within 14 days. You must give a clear statement in writing that you wish to cancel; this may be done by sending us an email.

6.3. The above cooling-off period does not affect your rights under the Consumer Rights Act (2015) concerning services.

6.4. This clause does not apply to refunds for tutor sessions or lessons or tutor payments, which are dealt with separately by BQIC.

7. How to cancel within the cooling-off period

7.1. If you are cancelling a service within the 14-day period, you must tell us by email that you want to cancel your contract with us, and we will give you a full refund.

8. Service Description

8.1. We try to describe and display our services as accurately as possible. While we want to be as clear as possible in explaining our services or giving their description or any other information, we give no guarantee that information on the Site or any other material, including emails and marketing material online or on social media, is accurate, complete, reliable, current, or error-free.

8.2. We are not responsible for any inaccuracy, error, or incompleteness in our website, marketing or social media content.

8.3. We may refuse or cancel any order with an incorrect price listing. However, if you have already paid for the service, you will only be charged for the lower price unless it was a genuine and honest mistake on our part that you should’ve noticed.

9. Intellectual Property Rights

9.1. Our Site, marketing material, online content, social media content, stationery or any other TutorChase material contains intellectual property owned by TutorChase Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any of the Site Content or intellectual property, in whole or in part, without our written permission or specific reference to an exception under UK legislation, for example,The Copyright, Designs and Patents Act 1988. We may use our right to immediately terminate this agreement without a refund if you are caught breaking this intellectual property policy.

10. Termination

10.1. You agree that we can terminate your use or access to this Site and our Services at any time without notice if you break any of these terms and Conditions.

10.2. The term of this agreement is for the duration of the Service or until performance has been completed by both parties.

10.3. This agreement can be terminated at any time for any reason by mutual agreement in writing.

11. Climate Assurance

11.1. Both parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital forms and communication instead of paper forms or using non-plastic items.

11.2. Either party should use all reasonable efforts to make sure that any necessary third party, use such documents or plastic and perform such acts as may reasonably be required for reducing the Carbon footprint as a measure to protect the environment.

12. Responsibility and Liability

12.1. Nothing in the Agreement will:

(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;

(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;

(d) exclude any liability of a party that may not be excluded under applicable law.

12.2. We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

12.3. We do not guarantee the results or outcomes that may be obtained from the use of our Services.

12.4. You agree that from time to time, we may reasonably remove the Service for indefinite periods or cancel the service at any time without notice to you.

12.5. We will not be liable in respect of any loss of profits, income, revenue, use, production, or anticipated savings or earnings you may have suffered during or after using our service

12.6. We will not be liable for any loss of business, contracts, or commercial opportunities you may have suffered during or after using our service

12.7. We will not be liable in respect of any loss or corruption of any data, database, or software.

12.8. Subject to GDPR or the Data Protection Act 2018, if applicable, we will not be liable for any data breach or data protection losses that were contributed to or caused by you.

12.9. We are not liable for any delay concerning the provision of our Services resulting from your failure or delay in complying with any of the provisions of this agreement.

12.10. Content or any information we publish regarding Third Party Products or Services is only for information purposes and is not advice, recommendation or endorsement and is not intended to address Your particular requirements

12.11. Neither party will be liable for any losses arising out of a Force Majeure.

12.12. In no case will we, our employees or our representatives be liable for indirect, incidental, consequential or any other remedies as a result of using our Services or by any other third parties. Additionally, we are not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not.

12.13. Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative or that could not have reasonably been foreseen before entering into this agreement.

12.14. We provide a matching service where the tutor is an independent third party.. It is your responsibility to ensure that adequate adult supervision, if appropriate, is in place during tutorials or lessons.

12.15. We are not responsible or liable for any claims concerning any qualifications or documents given by tutors which later turn out to be inaccurate, misrepresentations or forgeries.

12.16. TutorChase Ltd is not liable for any claims by you arising out of or related to tutoring by a Tutor introduced by TutorChase Ltd.

13. Payment for loss or damage

13.1. You agree to indemnify or pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions. You will provide us with any help that we might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our previous written permission.

14. Notices

14.1. Our Contact details are:

TutorChase Ltd

Company Number: 1292994

71-75 Shelton Street,

London,

WC2H 9JQ,

UK.

14.2. All notices, requests, demands, and other communications under this agreement must be in writing and sent by email to:

Email:info@tutorchase.com

15. Whole Agreement

15.1 These Terms and Conditions, including the Privacy Policy, Cookie Policy, and any attachments, are the whole agreement between TutorChase and you and cancel all other verbal or written understandings concerning this agreement which were made outside this agreement.

16. Events or circumstances beyond our reasonable control

16.1. Where an event beyond our reasonable control, known as a Force Majeure Event, gives rise to a failure or delay in either party performing its obligations under the Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.

16.2. A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;

(a) must notify the other; and

(b) will inform the other of the period for which it is estimated that such failure or delay will continue.

17. Invalid Clauses

17.1. If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.

18. Right to take action

18.1. If we do not take action because you have broken a clause in these Terms and Conditions, it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.

19. Headings

19.1. The subject headings of the paragraphs and subparagraphs of this contract are included for convenience only. They do not affect the construction or interpretation of any of its provisions.

19.2. Words in the singular, plural, capitalisation and/or he/she or they are taken as interchangeable and therefore referring to the same.

20. Waiver

20.1. No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.

21. Variation and amendments

21.1. This Agreement may not be varied or amended except by a written document signed by or on behalf of each of the parties.

22. Assignment

22.1. This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by either party unless the other party has given that party written consent.

23. Privity of contract

23.1. This Agreement is made for the benefit of the Parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.

24.1 The law of this agreement

24.1. You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law ofEngland and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation and mediation resolution which may be used as an option before court action if both parties agree.

25. Disputes

25.1 Any dispute relating to this Agreement which cannot be resolved by negotiation between the parties may, within 30 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. Failing settlement of that dispute within 14 days, the dispute may be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to the Governing Law clause above.