WEBSITE TERMS AND CONDITIONS
- Introduction
- Thank you for visiting our Site. Welcome to the website of SENsational Tutors
Limited (“Company”, “its”, “we”, “us”, “our”) at www.sensationaltutors.co.uk,
www.sensationaltutors.com, or www.sensationaltutors.org (collectively the
“Site”). This Site is a platform which enables
individuals, parents, guardians, schools and other educational
institutions, case-workers, companies and local authorities (“Contacts”)
wishing to access tutoring services to find a tutor registered on the Site
(“Tutor”) and/or arrange tutoring sessions (each a “Tutor Session” or
“Services”). These terms of service (“Terms”), together with any other
documents, policies and terms referred to herein, set out the terms of use
under which you may use this Site.
- 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.
- These Terms incorporate our Privacy
Policy & Cookie Notice, which also apply to your use of the Site and which
may be viewed at www.sensationaltutors.co.uk.
- Our Privacy Policy sets out the terms
on which we collect, process, share and store any personal data we collect from
you, or that you provide to us. We will
ask you to agree to our Privacy Policy before using our Services and when we
collect, or you submit any personal data to us. We will only use your personal data
as set out in our Privacy Policy.
- Our Cookie Policy sets out information
about the cookies on our Site. We will
ask you to agree to our Cookie Policy when you enter our Site
www.sensationaltutors.co.uk.
- 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 Bailey House, 4-10 Barttelot Road,
Horsham, West Sussex RH12 1DQ.
If you wish to contact us, please contact our Customer Services team on
07497 139794 or by email at admin@sensationaltutors.co.uk or
director@sensationaltutors.co.uk.
- 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 director@sensationaltutors.co.uk. 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 director@sensationaltutors.co.uk. 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 director@sensationaltutors.co.uk 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 director@sensationaltutors.co.uk. 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.
- Viruses
- 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
director@sensationaltutors.co.uk.
- 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 director@sensationaltutors.co.uk 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.
PRIVACY POLICY AND COOKIE NOTICE
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.
COOKIES
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.
The Site uses cookies to distinguish
you from other users of the Site. Cookies help us to provide you with a good
experience when you browse the Site – they help remember your user preferences
and also allow us to improve the Site.
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.
- Social Media cookies. As well as first party cookies (i.e. cookies placed by us), please
note that third parties (including, for example, advertising networks and
providers of external services like web traffic analysis services) may also use
cookies, which you may receive on your computer, over which we have no control.
- 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 director@sensationaltutors.co.uk.
Opting out
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).
Legitimate
bases.
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
systems; and
■
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
- If we are under a duty to disclose or share your personal data in order
to comply with any legal obligation, or in order to enforce or apply our
Website Terms of Use and other agreements; or to protect the rights, property,
or safety of the Company, our customers, or others.
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.
YOUR
RIGHTS
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 director@sensationaltutors.co.uk 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 director@sensationaltutors.co.uk.
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.
You may revoke your consent for us to
use your personal data as described in this privacy policy at any time by
emailing us at director@sensationaltutors.co.uk, and we will delete your data
from our systems. To enforce any of the above rights, please contact us using
the details set out below.
CHANGES TO
OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on
this page and, where appropriate, notified to you by email. You will be deemed
to have accepted the terms of the updated privacy policy on your first use of
the Site following the alterations. Please check back frequently to see any updates
or changes to our privacy policy.
CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and
should be addressed to our Company Address or to our email address at
director@sensationaltutors.co.uk.
