Terms and Conditions of business for Standing Out limited (Company No. 1069411) (“We” or “Us”) whose registered office is at 2 Regent Rd, Penn, Wolverhampton, WV4 4EL.
“Charge” means the amount payable by the Student to us in respect of a Lesson;
“Student” means a person using the Site for the purpose of participating in a Lesson with a Tutor;
“Tutor” means a person using the Site for the purpose of providing tuition services to a Student;
“Agency” means “Enterprise, Company, school” or a person or group using the Site for the purpose of providing tuition services to a Student;
“Package” means the package of our Services that the Student and/or Tutor chooses to subscribe to which may be varied from time to time but as at the date of includes the following packages: Basic, Starter and Professional;
“Lesson” means a one-to-one or group lesson between a Tutor and a Student/s conducted via the online classroom facility available on our Site;
“Course” means a sequence of one-to-one or group lessons between a Tutor and a Student/s conducted via the online classroom facility available on our Site;
“Subscriber” a User that agrees to enter into a Package;
“User” means a Tutor, a Student or anyone else using the Site.
“Online classroom” means a secure and private in-browser, learning environment.In these Terms words importing the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.“Writing” means email or letter form from an authorised representative of Us or a User;
The Site provides a forum whereby Students can seek assistance with their studies in respect of any educational requirements and Tutors can be introduced to Students in order to assist them. The Site holds the details of Tutors who might be able to assist via a Lesson. It is solely the Students responsibility to evaluate which Tutor is suitable. Once a Tutor is selected by the Student, a pre-paid Lesson will take place by way of the online classroom available on the Site. We do not act as agents for the Tutors. We merely provide a facility whereby Students can find Tutors and engage in Lessons.
The type of packages chose by you will mean that you are entitled to different Services from Us which shall include the following:
4.1 Basic – Information for the Student - if you choose this package then you must comply with the Terms but please note the following
4.1.1 any Tutor providing Lessons pursuant to this package will not have been verified that he/she has valid qualifications or has had a CRB, DBS, Disclosure Scotland or Access Northern Ireland check or similar. It shall be Student’s responsibility to enquire of the same;
4.1.2 tutors will be permitted to teach under 18s and their lessons will not be recorded by Us. Information for Agencies, Tutor - we shall charge you a flat rate based upon the number of charges made by you to the Students introduced to the platform. We shall automatically charge you as the services are performed and we shall also set off our Charges from any amounts that we hold on your behalf;
4.2 Starter, Professional
Information for Students and Tutors. These are standard packages in which the Site introduces Tutors to Students and the Terms apply to the relationship between them.
4.3. Information for Tutors - If you agree to act as a Tutor then you agree to provide lessons to one or more students at the same time (courses). It shall be your responsibility to determine the appropriate size of the class for each Lesson and to agree the class sizes with each student prior to the start of each Lesson.
4.4 Subscription Packages
These Terms will apply for such periods as agreed by Us and confirmed in Writing and will start on the date that the Subscriber signs up electronically for the Site by creating an account and agreeing to subscribe to one of the Packages. We shall invoice Subscribers [monthly], with payment due on the date of our invoice. If you fail to make a payment on the due date we reserve the right to suspend your access to the Package until payment has been made in full.
4.5 In order to keep our costs low We use a third party to process payments for our Services and the processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms. We cannot be held responsible for any error by the third party payment processor and by agreeing to subscribe to a Package you agree to pay us and in addition, through the payment processor, all charges (as may be varied from time to time) for any use of such payment services in accordance with the applicable payment terms and you authorise us to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method and you acknowledge and agree that We have the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
4.6 All Package payments are non-refundable, even if you have not used the Package for any period of time. However, if you wish to upgrade a Package at any time then in Our absolute discretion, we may allow the unused portion of any Charges to be set off against the new Package.
4.7 Unless otherwise agreed in Writing You may terminate:
4.7.1 a monthly Package by giving Us not less than one month’s notice in Writing and
4.7.2 an annual Package giving Us by not less than 12 months’ notice in writing to expire on the anniversary of the start date of the Package.
4.8 If you cancel a Package then from the date of the termination of your Package you will become an ordinary User of the Site and as such you will not have access to the additional services provided to those have subscribed to a Package.
4.9 Subject to clause 4.7 in respect of subscription Packages You may delete your account at any time. We reserve the right to delete Users if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
Each of the Tutors hereby warrants to us and to all Users that:
5.1 he is at least eighteen years of age and has the necessary qualification or experience to provide the tuition in the subject(s) he offers in his profile on the Site;
5.2 he has provided to us accurate and up to date information about himself;
5.3 he has, undergone a CRB, DBS, Disclosure Scotland or Access Northern Ireland check or similar and as may be required from time to time (and will provide us with a copy of such upon request) and his name does not appear on either List99 or the PoCA list;
5.4 he is personally responsible for the information posted by him on the Site and shall indemnify Us against all and any liability incurred as a result of any false, inaccurate, incomplete or misleading information provided about himself;
5.5 he will not provide to Users any identifying information including, but not limited to, phone number, e-mail address, postal address or web-site address;
5.6 he will not request from any User any information that could allow the User to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which he is a member;
5.7 he is not one of Our employees and is responsible for his own income tax, national insurance and other liabilities payable;
5.8 he shall indemnify Us against any and all losses, liabilities, costs, damages and expenses howsoever arising and/or incurred by Us in connection with his use of the Site and his breach of any of these Terms;
5.9 no material used by him in the course of a Lesson will be offensive or defamatory and it will not infringe any UK laws of England and Wales or Scotland (including laws relating to copyright);
5.10 he is wholly responsible for the appropriateness and the content of any video or other material that he provides as part of a Lesson;
5.11 he will participate fully and professionally in all applicable Lessons;
5.12 he is solely responsible for your interactions with the Users and acknowledges our right, (but not an obligation) to monitor disputes between him and other Users; and
5.13 he will comply with Our Safeguarding Policy as amended from time to time which is posted on our Website.
Each of the Students hereby warrants to us and to all Users that:
6.1 he will not provide any User with any information that could allow him to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organisation, school or body of which he is a member;
6.2 he is responsible for assessing the suitability of a Tutor based on their profile;
6.3 his behaviour will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect;
6.4 he is not less than eighteen years of age. Students of less than eighteen years of age can only participate with the involvement of a parent or guardian; and
6.5 he will comply with Our Safeguarding Policy as amended from time to time which is posted on our Website.
7.1 The Charges set out on the Site are determined by the Tutors and are specified as an hourly rate. The Charges are inclusive of any applicable VAT.
7.2 The cost of any Lesson is calculated with reference to the number of complete minutes used. The amount due is calculated before the Lesson is in progress. The Student will be charged for the amount of time taken.
7.3 Students can pay for Lessons in advance, or leave a deposit or after the lesson.
7.4 The minimum sum shall be £10.00. Payment can only be made by credit card, debit card, through Strip, PayPal or WorldPay. We are unable to accept cash or cheques.
7.5 We shall collect payments from Students and these can be taken at any time. Upon (i) receipt of payment in cleared funds and (ii) receipt from a valid invoice from the Tutor We will then transfer to the relevant Tutor’s account a sum minus company charges and provide the Tutor with a statement illustrating this.
7.6 Following completion of the Lesson, We shall pay the Tutor on (or soon after) the first working day of the following month from the date of his invoice. We shall transfer payment to his bank account, so long as their balance exceeds £5.00. We will not issue a cheque, nor will we make payment in cash.
7.7 A Student’s account will expire if unused for twelve months.
7.8 If a Student wishes to cancel their account, they may do so by written notice to us at any time. We will cancel the account within 48 hours of such notice.
7.9 If a Student wishes to cancel a Lesson, they must do so in writing not less than 24 hours prior to the start of the Lesson otherwise the Charges shall remain payable in full. If a Student cancels a Lesson more than 24 hours prior to the start of the Lesson We shall be entitled to charge an administration fee of £1.
8.1 Provided a Student has paid (in accordance with clause 6 above) The Student can then select a Tutor and commence a Lesson by way of the Online classroom available via Our Site. Once the Lesson has been completed or it is terminated by either the Tutor or the Student then the Student’s account will be debited for the charges in respect of the Lesson accordingly.
8.2 If the Tutor acknowledges that he is unable to answer any question asked of him or in his absolute discretion decides to refund the Student his fee in whole or in part and confirms and requests in writing for Us to do so, then the cost of the Lesson will be refunded to the Student’s account less the amount payable to Us.
8.3 If the Student is unhappy with any Lesson, he must report his concerns to [email protected] within 72 hours of the end of the Lesson. We shall then investigate these concerns and, if appropriate, arrange a refund. Our decision in this regard is final and binding.
8.4 All Students will be able to access on-line a record of any Lesson undertaken, and see the amount standing to the credit of their account.
9.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including access to it. Unless explicitly stated, any new features on the Site, including but not limited to the release of new services, shall be subject to those Terms.
9.2 We aim to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error free. Users must not attempt to interfere with the proper working of the Site and, in particular, users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.
9.3 We cannot guarantee the continued availability of any Tutor and accept no responsibility or liability for the withdrawal, removal or unavailability of the same.
The Site is controlled and operated by us from our offices in England and Wales. We make no representations that the Site or any content of it is appropriate or available for use in other territories. Those who visit the Site from other countries do so on their own volition and at their own risk.
We may provide hypertext links to other sites on the Internet which are operated by other people who we believe offer services which complement those offered by us. We make no representations whatsoever about any other sites which users may access through this Site or which may link to the Site. When a user accesses any other site he does so on the understanding that:
11.1 it is independent from this Site and that we have no control over the content or availability of that site;
11.2 a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site; and
11.3 we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13.2 Users must register with a valid personal email or gmail address that they access regularly so that notification and moderation emails can be sent to them. If a User registers with someone else's email address, or with temporary email addresses then his registration may be terminated without notice. We may require Users to re-validate their registration if We believe they have been using an invalid email address. We reserve the right to termination a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.
13.3 Users agree to use the Online classroom in accordance with the acceptable use policy (“the Policy”) which can be viewed here.
13.4 Self setup: Users must configure their own computer in order for the learning environment to operate. 2utoring does not provide support facilities to resolve issues such as firewalls and system / virus scanning permissions.
13.5 If a User fails to abide by the Policy (and any variations thereto) he will be sent an email which informs him why he has breached the Policy. This email will also include a warning that continuing to break the Policy may result in action being taken against him. This action may include the temporary or permanent suspension of his ability to participate in any Lesson. If we consider such breach of the Policy to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.
16.1 The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via the Site.
16.2 We are not responsible for the availability or content of any third party sites that are accessible through the Site. Any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.
16.3 The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to Us and Our services (or to third party services)), is provided "AS IS" and on an "AS AVAILABLE" basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by us for any errors, omissions or inaccurate content on the website.
16.4 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our proven negligence. However, we shall not be liable for any consequential, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such limitation shall include (but not be limited to) any loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
16.5 We do not warrant that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
16.6 Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use the Site and that they are compatible with the Site.
17.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:
17.1.1 If what you have bought is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back);
17.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 15.2;
17.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 15;
17.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 15.2.1 to 15.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
17.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to;
17.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
17.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
17.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [14 days]; or
17.2.5 you have a legal right to end the contract because of something we have done wrong.
17.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
17.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
17.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. Have you bought services If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
17.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 15.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £10 as compensation for the net costs we will incur as a result of your ending the contract.
18.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
18.1.1 Phone or email. Call customer services on 07946516936 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
18.1.2 By Post. Print off the www.2utoring.com/cancellation-form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
18.2 How we will refund you.
We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
18.3 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind
19.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
19.1.1 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
19.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
19.1.3 you do not, within a reasonable time, allow us to deliver the services to you or collect them from us.
19.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 17.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you £20.
20.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07946516936, or write to us at [email protected] or 2 Regent Rd, Penn, Wolverhampton, WV4 4EL.
20.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, for example the Consumer Rights Act 2015 says:
21.1 You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
21.2 If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
21.3 If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
23.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
23.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
23.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
23.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.