WEBSITE TERMS AND CONDITIONS
- Any reference to “you” in these Terms shall include any person that accesses or uses the Site and the services we make available on your behalf, whether as a guest or a registered user.
- Please read these Terms carefully before using this Site and/or our Services. By using our Site, or the Services, as well as Tutor Sessions made directly with any Tutor found, you confirm that you accept these Terms and agree to comply with them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our Site and you will be required to read and accept these Terms when registering or signing up for an account, agreeing verbally or in writing that you would like to go ahead with booking sessions or booking a Tutor Session via the website, email, phone or in person as the Contact. If you do not agree to these Terms, you shall not use our Site, request a Tutor or book a Tutor via the Site or the Company.
- We draw your attention to Clause 15: Limitation of Liability as this sets out what we are and are not liable for in the event that things go wrong.
- Our Site is owned and operated by the Company, Sensational Tutors Limited registered in England and Wales under company number 10749192 and has its registered office at First Floor, Ridgeland House, 15 Carfax, Horsham, West Sussex, RH12 1DY. If you wish to contact us, please contact our Customer Services team on 07497 139794 or by email at firstname.lastname@example.org or email@example.com.
- We may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you upon your first use of the Site after the changes have been introduced.
- In the event of any conflict between the current version of these Terms and any previous versions, the provisions that are current and in effect shall prevail (unless it is expressly stated otherwise).
- We may update our Site from time to time and may change the content and Services at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
- We do not guarantee that our Services, our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary “as is” basis. We may suspend, withdraw, discontinue or change all or any part of our Site or Services without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Site.
- You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time.
- You shall be at least 18 years old to use our Site as a Contact or a Tutor. Any registration by, use of, or access to our Site by users under the age of 18 is unauthorised and is in breach of these Terms. In using our Site, you represent and warrant that you are at least 18 years old.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you shall treat such information as confidential. You shall not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you shall promptly notify us at firstname.lastname@example.org. You will be responsible and liable for any actions of any person logging into the Site using your username and password. We will not be liable for any unauthorised use of your account.
- A Contact may use the Site to search for a selection of self-employed Tutors matching their location and experience requirements. All Tutors have a number of years’ experience. We use reasonable endeavors to verify each Tutor’s skills, experience and conduct and obtain references where possible.
- A Contact may view more information about a Tutor with whom they would like to book a Tutor Session by viewing a tutor’s profile page (either directly or as a result of a suggested match by the Company). If a Contact wishes to engage a Tutor, they may submit a booking request via the Site and/or make arrangements directly with the Company via email or phone. The Introducer shall connect the Contact and the Tutor over email.
- Tutoring Session contract
- A Tutor may accept a booking over email, verbally or by phone (text or whatsapp). When a Tutor accepts a booking, the Tutor must confirm the booking over email within 24 hours of the agreement and copy in email@example.com. A contract for a Tutor Session is then formed between the Contact and Tutor (“Relevant Agreement”). Each Relevant Agreement will incorporate the provisions of both this clause and clause 10 “Fees and payment” of these Terms and any other terms agreed between the parties in respect of the Tutor Sessions (including but not limited to fees, dates, timings, location, duration, any minimum number of Tutor Sessions which shall be booked, attendance, punctuality, subject matter to be covered, provision of materials, preparation for Tutor Sessions, homework assignments, parent/guardian involvement and any rules which apply on the premises where the Tutor Sessions will take place). Subject to compliance with the Relevant Agreement, Tutors shall use their own teaching equipment and may provide their teaching services from such locations as are appropriate and agreed with the Contact and use their own initiative as to the way in which the tutoring services are delivered. Contacts acknowledge that Tutors are responsible for managing their own schedules and we make no guarantees that Tutors will be available for a requested booking or not subsequently cancel a confirmed appointment.
- Our role is expressly limited to providing the Site: we are not a party to any Relevant Agreement, nor the employer and/or main contractor of any Tutor. Contacts and Tutors are responsible for satisfying themselves as to the terms of any Relevant Agreement offered or accepted and as to the suitability of any Tutor’s compatibility with any specific requirements for the session booked. We are simply an intermediary and have no control over and take no responsibility for the teaching provided by the Tutors on our Site. Users acknowledge and agree that they have no right to hold or attempt to hold us liable for a Contact’s or Tutor’s actions, inactions, errors, delays, failures or omissions.
- Tutor Sessions may be cancelled by either the Contact or Tutor by email or by phone in advance of the session. Any rearrangement of cancelled Tutor Sessions shall be dealt with and agreed directly between the Tutor and the Contact. The Tutor shall notify the Introducer of any cancellations.
- To register as a Tutor, you shall provide us with your current DBS Certificate and any other information or documents we may reasonably request to verify you, your teaching credentials and eligibility. We may undertake appropriate background checks such as Complete Background Screening (“CBS”), DBS and qualifications checks. The information you provide shall be true, accurate, current and complete. If any of the information provided to us by Tutors is misleading, incomplete or inaccurate then we reserve the right to close the Tutor’s account and disable their profile on the Site with immediate effect and without liability. Before being able to register, Tutors shall also be required to meet in person and we may determine in our sole discretion whether the Tutor meets the requisite standards. The Tutor shall sign a Introducer’s Agreement prior to attending the first session.
- Tutors shall ensure that their profile displays accurate details regarding the fees charged for Tutor Sessions (exclusive of any commission and VAT). VAT shall be added to invoices sent from the Company to its Tutors. Tutors agree to keep their profiles up-to-date by logging into the Site and making the relevant amendments. The Introducer reserves the right to approve or reject the Tutor’s profile, request the Tutor to submit a new or additional photo/s, add more information to their profile so as to further demonstrate their skills and experience, and to ask the Tutor to request professionals, parents or other individuals to leave reviews and/ or testimonials on their profiles. Tutors shall otherwise comply with the provisions set out in clause 18 and 19 of these Terms. Tutors shall use reasonable endeavours to respond to emails from the Company in relation to Contacts or potential Contacts within one (1) business day and shall provide Tutor Sessions with all due care and skill and in compliance with these Terms and all applicable statutory and regulatory requirements and standards of best practice.
- Tutors shall plan sessions in accordance with the needs of the individual students. All planning and progress shall be documented. Unless agreed otherwise, this shall be sent to the parents before and/ or after every session. The Company may, on occasion, request these documents. The Tutor shall share these with the Company upon request within 48 hours.
- Tutors shall ensure that the Contact has paid by the due date on the invoice. If payment has not been made, the Tutor must follow up with the Contact by email, phone, text or in person at a session to request payment.
- Tutors shall be fully responsible for paying any and all tax including any National Insurance Contributions (“NIC”) arising from carrying out any Tutor Sessions. If the Company has to pay any such tax or NIC, the Tutor shall reimburse us in full, any money that we have to pay, and any fine or other punishment imposed on us because the tax or NIC were not paid by the Tutor.
- To request and book a Tutor Session you shall register as a Contact (customer) and pay any invoice sent to you for sessions on behalf of your Tutor for the month ahead and no later than the due date on the invoice (48 hours in advance of the first session of the month). If payment has not been made in full (whole amount invoiced), the Tutor must contact the Contact to request payment. The Tutors reserve the right to not attend the Tutor Session if payment is not made accordingly. Please take note that no payments shall be made by the Contact to the Company.
- All new Contacts (registered less than a month prior to the first payment) shall pay at least 48 hours in advance of the initial session and at least 48 hours in advance of the sessions/ Services scheduled for the remainder of the month. In the future, all sessions/Services shall be paid for on a month-by-month basis at least 48 hours in advance of the first session of the month.
- While we meet all Tutors in person and check that they have a current Disclosure and Barring Service certificate, we do not guarantee that a Tutor will meet your requirements or expectations. We only verify Tutors as far as we are reasonably able to by undertaking appropriate checks.
- If at any stage you have concerns about the competence, qualifications, suitability or performance of any Tutor, please contact us immediately at firstname.lastname@example.org and we will take reasonable steps to investigate the matter and if necessary match you to another Tutor .
- Where a Tutor Session takes place at the Tutor’s premises, the student shall either be accompanied by the Contact or some other responsible adult nominated by the Contact, or the Contact shall be contactable by the Tutor by mobile phone for the duration of each Tutor Session. Where a Tutor Session takes place at the Contact’s premises, the Contact or another responsible adult shall be on the premises throughout the Tutor Session. The Contact shall inform the Tutor before the student attends any Tutor Session of any medical or other condition affecting the student which might be or become relevant in relation to that Tutor Session.
- The Tutor shall complete planning and assessment documents for the sessions. These shall be shared with the Contact. The Contact agrees that these may also be shared with the Company upon request.
- The Tutor and Contact shall communicate directly with each other so as to enable the Tutor to provide the best possible service.
- Fees and Payment
- No fees shall be payable in order to register on the Platform as a Tutor or Contact. The Tutors are free to determine their hourly rate. This rate shall be agreed directly between the Contact and the Tutor. The payment of any additional expenses by the Contact shall be agreed between the Contact and the Tutor.
- In consideration for the provision of its Services, the Company charges the Tutors a commission equal to 25% of the total fee (exclusive of VAT) paid by the Contact for each Tutor Session arranged/booked via our Site (“Commission”). Tutors shall be notified of any changes to the Commission from time to time and any such changes shall only apply to future Tutor Sessions and shall not apply to any Tutor Sessions previously booked and paid for). As a Tutor, you agree to provide us with accurate information we may request from time to time about the number, length and fees for Tutor Sessions provided. We may verify this information with Contacts. We reserve the right to remove Tutors from the Site and notify Contacts as to the reason why, if we are provided with false information by Tutors in relation to sessions. Further action may also be taken, as detailed below.
- Any payments to Tutors for Tutor Sessions (“Fees”) shall be made at the time of making the booking when an invoice shall be sent by email to Contacts by the Company on behalf of Tutors for 100% of the Fees. Payment of the Fees shall be made 48 hours in advance of the initial session or the sessions for the rest of the month if the customer is a new Contact (registered less than a month prior to the first payment), otherwise for the month ahead and shall be payable directly to the Tutor.
- An invoice shall be issued to the Tutors for the Commission (plus VAT) and the payment to the Company from the Tutors shall be made within 24 hours of any payments made to the Tutors by the Contacts.
- If a booked Tutor Session is cancelled by the Contact, this shall be dealt with directly between the Tutor and the Contact. Any arrangements regarding the cancellation or rescheduling of a Tutor Session shall be dealt with directly by the Tutor and the Contact. The Tutor shall notify the Company of any cancelled or rearranged Tutor Sessions and the Company shall deduct this Commission from the invoice as required.
- If the Contact is a consumer within the UK or the EU (meaning the parent/guardian of a student who receives services from a Tutor comprising one or more Tutor Sessions for the individual student’s personal use and for purposes wholly or mainly outside the purposes of any business), the Contact may for any reason cancel a booked Tutor Session with the Tutor during the 14 day period after it has been accepted. The Tutor shall refund the payment to the Contact within 14 days of receiving the notice of cancellation. However, if the booking includes any Tutor Session on a date which is before the end of that 14 day period (and the Contact has expressly requested the Tutor to provide any such Tutor Session in that 14 day period and the Tutor does so), the Contact may not cancel that requested Tutor Session and the Contact shall pay for it in accordance with this clause 10. If a Contact requests that a booking be cancelled in this way, they shall confirm this clearly in writing with the Tutor.
- Bypassing the Company
- Users (Contacts or Tutors) shall notify us immediately of any offer or suggestion to circumvent the site in breach of this clause 11. Where we suspect or have knowledge that a user has engaged or is engaging in such circumvention techniques, we may take such action as we deem appropriate, including but not limited to immediate account deactivation and/or account/profile deletion including all the information on it.
- Neither Contacts nor Tutors shall, during their registration on the Site or during their relationship with the Company, for a period of 6 months after its termination or expiry, employ, contract the services of, or solicit or enter into any business transactions or agreements with any person who is or was engaged by or introduced to them via the Site or through the Company with a view to or having entered into a Relevant Agreement. Tutors agree to pay the Company on demand any Commission we would have been duly entitled to receive had such payments been made and shall indemnify us for any losses, costs or expenses suffered or incurred in connection with recovering such losses.
- Providing incorrect information
- We operate with honesty and trust and expect all Contacts and Tutors to act in line with these principles. If requested, Contacts and/or Tutors shall accurately provide to the Company any details of sessions booked, as well as any cancellations or changes upon demand. If inaccurate information is provided, we reserve the right to terminate all tutoring sessions immediately and shall also notify the other party and any other necessary parties of any wrongdoings. Further steps may also be taken to investigate and take any follow-up action as required.
- Intellectual Property Rights and use of material on our Site
- 13.1. We are the owner or the licensee of all Intellectual Property Rights (“IPR”) on our Site, and in the material published on it. Those works are protected by IPR laws and treaties around the world. All such rights are reserved and, subject to the below, you may not reproduce, copy, distribute, sell, sub-licence, store, or in any other manner re-use content from our Site unless we give you express written permission to do so.
- You may print off one copy and may download extracts of any page from our Site for your personal use. You may draw the attention of others within your organisation to content posted on our Site.
- You shall not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Site shall always be acknowledged.
- You shall not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you shall, at our option, return or destroy any copies of the materials you have made. You shall not use our IPR in any way other than allowed under these Terms and any infringement by you thereof will be a material breach of these Terms.
- No reliance on Information
- The content on our Site is provided for general information only. It is not intended to amount to professional advice upon which you may rely. It is your responsibility to ensure that any Services or information available through the Site (either directly or indirectly) meet your specific requirements. You use the Site and the Services solely at your own risk.
- Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date, nor do we endorse or give any warranties regarding the reliability or accuracy of any of the advice given on the Site, or of any specific techniques or approaches recommended or employed by the Tutors.
- Limitation of our Liability – PLEASE READ THIS CLAUSE CAREFULLY
- Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Services will meet your requirements or expectations, that they will be fit for a particular purpose, that success or any other specific results may be achieved (including passing any examination) as a result of a student taking part in any Tutor Sessions, or that they will be error-free, timely, reliable, secure or virus-free. They are provided solely in order to facilitate the matching and management of administration between Tutors and Contacts. We are not a party to any transactions or other relationships between Tutors and Contacts, or to any dispute between those parties. Any claims by the Contact shall be made directly against the Tutor and vice versa and communicated directly to the Tutor or Contact. Tutors shall be responsible for any problems arising as a result of the provision of their tutor services and shall put these problems right at their own cost. The Tutor is not our employee or agent and, save where expressly provided for in these Terms, a Tutor or Contact has no power or authority to alter or waive any of these Terms, or to bind or commit us in any way. While we aim to meet all Tutors in person before they are permitted to advertise on the Site, we are not responsible for the actions of Tutors and cannot vouch for the quality of the service provided by the Tutors. Contacts and Tutors shall consider taking out insurance cover in respect of losses incurred by either party as a result of the hosting or delivery of a Tutor Session. We shall have no liability for any loss or injury sustained by a Contact, Tutor or student due to the premises at which the Tutor Session is delivered not being safe or suitable, the behaviour of a student or Contact, any challenges with regards to the Tutors, parents or the Contacts, transport issues, transition periods or otherwise.
- To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site and Services or the use of or reliance upon our Services or any content included on our Site or in any Relevant Agreement. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, Site or any content on it, whether express or implied, including any guarantee that our Site will meet your requirements.
- We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site;
- use of or reliance on our Services or any content displayed on our Site;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any indirect or consequential loss or damage; and
- the behaviour or communication of a Contact or Tutor.
- We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. We accept no responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, Internet service provider equipment failure, host equipment failure, communications network failure, natural events or acts of war.
- We shall have no responsibility for the content of websites linked on our Site. Unless expressly stated, these websites are not under our control. Such links shall not be interpreted as endorsement by us of those linked websites. We shall not be liable for any loss or damage that may arise from your use of them.
- Your content
- Content that you post using our Services includes without limitation anything you post on our Site such as articles, blogs, usernames, profile pictures, photos, descriptions, reviews, testimonials video, comments, audio files or videos, resource information, planning and assessment information, educational and behavioural strategies (“Your Content”). We do not make any claim to Your Content. Your Content shall comply with the clause 20 content standards below.
- We reserve the right (but have no obligation) to screen, approve (or reject), edit and/or remove any of Your Content at any time.
- Contacts, professionals, parents or other individuals may provide reviews and testimonials on the Tutors profiles. The Introducer reserves the right to approve the reviews and testimonials, make minor amendments and use them for marketing purposes on the website, on social media platforms and in any other manner the Company sees fit.
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You warrant that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Site. You agree to indemnify us for any loss or damage suffered by us as a result of your breach of that warranty. This means you shall be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Permission to use Your Content. By posting, submitting, uploading or transmitting Your Content on or via our Site, you grant us a licence to use it (as further described in clause 16.6 below). We do not claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we may help promote Your Content and use it to deliver our Services.
- Rights you grant to us. By posting Your Content on the Site, you grant us a nonexclusive, worldwide, royalty-free, irrevocable, fully transferable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to operate and promote the Site, in any formats and through any channels, including across any third-party website or advertising medium. Your Content shall be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties.
- Reporting unauthorised content. We take IPR very seriously and are committed to following appropriate legal procedures to remove infringing content from our Site. If content that you own or have rights to (including Your Content) has been posted to the Site without your permission and you want it removed, please contact us at email@example.com. If Your Content infringes another person’s IPR, we will remove it if we receive proper notice. If any third-party claims that any material posted or uploaded by you to the Site violates their IPR, or their right to privacy, we have the right to disclose your identity to them. We shall notify you if that happens and you shall indemnify us for any loss we suffer as a result of such infringement.
- Inappropriate, false or misleading content. This is common sense, but there are certain types of content we do not want posted on the Site (for legal reasons or otherwise). You shall not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms (including the content standards set out in clause below). You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. We shall not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Site.
- Professional profile content. Tutors’ profiles shall be strictly restricted to professional background and expertise.
- We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You shall use your own virus protection software. You shall not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You shall not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You shall not attack our Site via a denial-of service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990 of England and Wales. We report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Linking to our Site
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You shall not establish a link to our Site in any website that is not owned by you.
- Our Site shall not be framed on any other Site, nor may you create a link to any part of our Site other than the homepage.
- We reserve the right to withdraw linking permission without notice.
- The website to which you are linking shall comply in all respects with clause 20 content standards.
- If you wish to make any use of content on our Site other than that set out above, please contact us at firstname.lastname@example.org.
- Prohibited uses
- You shall use our Site only for lawful purposes.
- You shall not use our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in clause 20 content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation i.e. spam;
- to transmit knowingly any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You shall not:
- reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms;
- access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site, or any equipment or network or software owned or used by any third party.
- These content standards apply to any and all material which you upload or contribute to our Site (“Contributions”), and to any interactive services associated with it. You shall comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
- accurate (where they state facts);
- genuinely held (where they state opinions);
- Comply with applicable law in the UK and in any country from which they are posted.
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- contain sexually explicit material;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, gender reassignment or age;
- infringe any IPR, database right or trademark of any other person;
- deceive or mislead any person whether intentionally or otherwise;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) IPR infringement or computer misuse.
- We shall not be responsible for the content or accuracy of, or for any opinions, views, or values expressed in any comments or other content posted by users. Any such opinions, views, or values are those of the relevant user and shall not reflect our opinions, views, or values in any way.
- Suspension and termination
- We may determine, in our absolute discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate, including any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account and/or profile;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We may suspend, terminate or delete a Tutor’s profile in our absolute discretion, even if these Terms have not been breached (including but not limited to if a Tutor fails to respond to communications from us for an unreasonable amount of time). Tutors will be notified a minimum of 24 hours in advance of deletion of their profile.
- We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
- You agree to fully reimburse us for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses arising out of any breach of these Terms by you, or any other act or omission by you in using the Site or by any other person accessing the Site using your personal information with your authority that results in any legal responsibility on our part to any third party.
- If your account is terminated or deactivated (by you or by us), your photos and all other data uploaded and pertaining to your account/profile (including Your Content) will no longer be accessible through your account, but those materials and data may persist and appear within the Site (for example if Your Content has been re-shared by other users).
- We encourage you to maintain your own backup of Your Content. We are not a backup service and you agree that you will not rely on the Site for the purposes of backup or storage of Your Content. While we will take all reasonable steps to keep Your Content secure, we do not guarantee that others will not gain access to your information or that Your Content will be stored safely. You acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
- You may close your account at any time online or by emailing email@example.com provided that Tutors carry out any outstanding Tutor Sessions and Contact pay for them. Closing your account will also remove access to any areas of the site requiring an account for access.
- Disputes. If there is a dispute between the Tutor and the Contact, the parties must make all reasonable efforts to mediate an equitable outcome. If an outcome cannot be reached, the Tutor and/or the Contact can contact the Introducer. The Introducer will take into account reasonable requests to help through alternative dispute resolution methods such as mediation but is under no obligation to do so.
- Interpretation. The singular shall include the plural. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms. “Person” shall include human beings, sole traders, partnerships, limited liability partnerships, limited companies, public limited companies, unincorporated associations and charities.
- No automatic waiver. We shall not lose our rights under these Terms by reason of any delay by us in enforcing those rights.
- Severance. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Entire agreement. These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and the Services and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral. You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.
- No partnership, agency, employment or joint venture. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture or employment relationship between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
- Applicable law and jurisdiction
- These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
SENsational Tutors Ltd (we/us/our/the Company) are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, stored and disclosed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.sensationaltutors.co.uk, www.sensationaltutors.com or www.sensationaltutors.org (the Site), requesting our services or confirming you would like to book a session with us, you are deemed to have accepted and consented to the practices described in this policy. If you do not agree to this Privacy and Cookie Notice, you agree to not use our Site or engage our services.
The Site is owned and operated by SENsational Tutors Ltd (10749192) of Bailey House, 4-10 Barttelot Road, Horsham, West Sussex RH12 1DQ.
The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates or to websites shared by other users. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
SENsational Tutors Ltd processes personal data as a Data Controller, as defined in the Directive and the General Data Protection Regulation (GDPR). SENsational Tutors Ltd has a Data Protection Officer (“DPO”) who is responsible for matters relating to privacy and data protection. This Data Protection Officer is Joanna Gibbs and they can be reached at the following address: 3009 Charrington Tower, 11 Biscayne Avenue, London E14 9BQ.
INFORMATION WE COLLECT FROM YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
We collect and process the following data about you: Name, Personal Identification Numbers, Email Address, Login Details, Telephone Numbers, Bank / Credit Card Information, Spatial Data (Location Data), Family and Spousal Data, Education History, Personal Characteristics (photographs, fingerprints, handwriting), Medical History, Date of Birth, Business Information, Gender, Employment Information, Age, and other information regarding specific needs/ requirements of clients, tutors and client’s children.
Information you give us
You may give us information about you by filling in forms on the Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use the Site, request a quote, subscribe to our marketing database, subscribe to our services, search for a service, place a booking request on our site, book a tuition session, book a behavioural support session, book any other academic and/ or behavioural support for your child or family, book an assessment, register for your child to attend the camp, and when you report a problem with the Site.
The information you give us may include: adults and child names, address, email address or login details, phone number, age, date of birth, place of birth, financial and credit card information, personal description and characteristics (including photographs, videos, testimonials and reviews), educational history, tutor’s skills and experience, tutor’s CV, medical history, references, enhanced Disclosure and Barring Service information, proof of identity and other information needed for business purposes.
We rely upon your express consent to use and process the data described above.
Information we may collect about you
With regard to each of your visits to the Site we automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, location, network data, browser plug-in types and versions, languages, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Site (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources
We receive information about you if you use any of the other websites we operate or the other services we provide. We also work closely with and receive information about you from and send information about you to the Tutors.
We collect and process this information in order to provide our service to you. We will only keep this information for as long as is necessary for the performance of the original legitimate purpose for collecting the information and/or for as long as we have your permission to keep it. We calculate the length of this period as the length of time you use the Site or have a relationship with the Company.
We rely upon your express consent to use and process the data described above.
What are cookies?
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required to save your session and to carry out other activities that are strictly necessary for the operation of the Site. They include, by way of general example, cookies that enable you to log into secure areas of the Site, use a shopping cart or make use of e-billing services. These cookies are session cookies, which are temporary and will expire when you close your browser.
- Analytical/performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the Site when they are using it. This helps us to improve the way the Site works by, for example, ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to the Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your region).
- Targeting cookies. These cookies record your visit to the Site, the pages you have visited and the links you have followed. We will use this information to make the Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
- We use third party cookies on the Site for Facebook and Instagram marketing. The following first and third party cookies may be placed on your computer or device: Facebook and Instagram cookies.
Before any cookies are placed on your device, you will be shown a pop-up message requesting your consent to setting those cookies. By default, most internet browsers accept cookies, but this can be changed. You can choose to enable or disable some or all cookies via the settings on your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site.
For further details, please consult the help menu in your internet browser.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
Information you give to us
We use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
- to respond to communications from you and to provide you with information about other services we offer that are similar to those that you have already enquired about;
- to notify you about changes to our service;
- to ensure that content from the Site is presented in the most effective manner for you and for your device.
With your express opt-in consent and/or where permitted by law, we also use this information to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you.
We will not send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under applicable Data Protection Laws (meaning (i) unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and (ii) any successor legislation to the GDPR or the Data Protection Act 1998).
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous enquiry by you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have expressly consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us in writing or by email at firstname.lastname@example.org.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Information we collect about you
We will use this information:
- to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve the Site to ensure that content is presented in the most effective manner for you and for your device;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep the Site safe and secure, e.g. by conducting analysis required to detect malicious data and understand how this may affect your IT system;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of the Site about goods or services that may interest you or them.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you.
We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
We will ensure that your personal data is processed lawfully, fairly, and transparently and that it will only be processed if at least one of the following basis applies:
- you have given your clear consent to the processing of your personal data for a specific purpose;
- processing is necessary for the performance of a contract to which you are a party (or are about to be a party);
- processing is necessary for our compliance with the law;
- processing is necessary to protect somebody’s life;
- processing is necessary for us to perform a task in the public interest or in the exercise of official authority and the task/function has a clear basis in law; and/or
- processing is necessary for our legitimate interests or the legitimate interests of a third party (except where there is a good reason to protect your personal data which overrides those legitimate interests) such as:
■ allowing us to effectively and efficiently manage and administer the operation
of our business;
■ maintaining compliance with internal policies and procedures;
■ monitoring the use of our copyrighted materials;
■ offering optimal, up-to-date security solutions for mobile devices and IT
■ obtaining further knowledge of current threats to network security in order to
update our security solutions and provide these to the market.
We will seek your explicit consent to process personal data collected on the Site or volunteered by you.
Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your personal data, the use of the Site may not be possible.
We will always give you the ability to opt-out of receiving emails from us by unsubscribing using the links provided in those communications, or at the point of providing your details.
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means any subsidiaries or any ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties (tutors, Paypal PSP Services, Recruitment Manager, Marketing Manager, Camp Director, Westminster City Council, Camp Staff, Camp volunteers) where they require access to your data to supply products and services to you on our behalf, including:
- Business partners, suppliers and subcontractors for the performance of any contract we enter into with them or you. Your personal data will only be transferred to a business partner who is contractually obliged to comply with appropriate data protection obligations and the relevant privacy and confidentiality obligations;
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
- Analytics and search engine providers that assist us in the improvement and optimisation of the Site; and
- Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We may disclose your personal information to third parties (without contacting you in advance or seeking your consent):
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets where it is relevant to the part of the business being transferred and the purchaser shall be permitted to use the data for the purposes for which it was originally collected by us; and
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored and backed up in the cloud. We have put in place appropriate physical, electronic, and management procedures to safeguard and secure the data we collect. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your enquiries, the processing of your payment details and/or the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
We will take all steps reasonably necessary to ensure that your data is treated as securely as it would be within the EEA and under the GDPR. Such steps may include our entering into contracts with any third parties we engage and the use of Commission-approved Model Contractual Clauses. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We will notify you and any applicable regulator of a breach where we are legally required to do so.
You can obtain more details of the protection given to your personal data when it is transferred outside Europe (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us as described in the “Contact” paragraph below.
We have extensive controls in place to maintain the security of our information and information systems. Customer files are protected with safeguards according to the sensitivity of the relevant information. Appropriate controls (such as restricted access) are placed on our computer systems.
Physical access to areas where personal data is gathered, processed or stored is limited to authorised employees.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
HOW LONG WE STORE YOUR PERSONAL DATA
We will only keep this information for as long as is necessary for the performance of the original legitimate purpose for collecting the information and/or for as long as we have your permission to keep it and/or for any periods of time which are prescribed by law or regulation. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
You have the right to ask us not to process your personal data for marketing purposes. We will get your express opt-in consent before we share your personal data with any third parties for marketing purposes.
You can exercise your right to prevent such processing by contacting us at the Company Address or at our email address email@example.com or by unsubscribing using the links contained in the marketing emails. See also the “Opting out” paragraph above.
You have the right to access information held about you and to ask for a copy of such information.
Please contact us for more details at the Company Address or at our email address at firstname.lastname@example.org.
Under the GDPR, you have the right to:
- Withdraw your consent to the processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason for doing so. E.g. we may need to retain personal data to comply with a legal obligation.
- Request access to, or deletion or correction of, the information that we hold about you.
- Be informed of what data we hold and the purpose for processing the data, as a whole or in parts.
- Be forgotten and, in some circumstances, have your data erased by ourselves and our affiliates (although this is not an absolute right and there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it).
- Correct or supplement any information we hold about you that is incorrect or incomplete.
- Restrict processing of the information we hold about you (for example, so that inaccuracies may be corrected). Again, there may be circumstances where you ask us to restrict our processing of your personal data but we are legally entitled to refuse that request.
- Object to the processing of your data.
- Obtain your data in a portable manner and reuse the information we hold about you.
- Challenge any data we use for the purposes of automated decision-making and profiling (in certain circumstances). As above, there may be circumstances where you ask us to restrict our processing of your personal data but we are legally entitled to refuse that request.
- Complain to a supervisory authority (e.g. the Information Commissioner’s Office (“ICO”) in the UK) if you think any of your rights have been infringed by us. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.