WEBSITE TERMS of USE
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://www.sensationaltutors.co.uk/ (“Our Website”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Website. If you do not agree to comply with and be bound by these Terms of Use, you must cease using Our Website immediately.
- Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account or registration required for a User to access and/or use certain areas of Our Website and/or use any of Our Services, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website;
“Services” means any of the services provided by Us as an Employment Agency; “User” means any user of Our Website;
“User Content” means any content submitted to Our Website by Users including, but not limited to, any personal or other details as a tutor or as a client, any requests or requirements to use any of Our services; and
“We/Us/Our” means Sensational Tutors Ltd, a company registered in the United Kingdom under number 10749192, whose registered office is at 8 Main Street, Bilton, Rugby, Warwickshire CV22 7NB;
- Information About Us
2.1 Our Website, , is https://www.sensationaltutors.co.uk/ owned and operated by Sensational Tutors Ltd, a company registered in the United Kingdom under number 10749192, whose registered office is at 8 Main Street, Bilton, Rugby, Warwickshire CV22 7NB. Our VAT number is 333 4420 34.
2.2 We are an Employment Agency under the Employment Agencies Act 1973.
2.3 We are a corporate member of the Tutors Association.
- Access to Our Website
3.1 Access to Our Website is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Website.
3.3 Access to Our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Website (or any part of it) is unavailable at any time and for any period.
- Accounts and Registration
4.1 Certain parts of Our Website including the ability to use any of Our Services may require an Account in order to access them.
4.2 You may not create an Account if you are under eighteen years of age. If you are under eighteen years of age and wish to use the parts of Our Website that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of upper-case and lower-case letters, numbers and at least one symbol. It is your responsibility to keep your password safe.
4.5 You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at director@sensationaltutors.co.uk. Under no circumstances will We be liable for any unauthorised use of your Account.
4.6 You must not create or use anyone else’s Account without the express permission of the User or intended User to whom the Account belongs.
4.7 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
4.8 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Website and the use of our Services requiring an Account for access or use as the case may be.
- Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on Our Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Website unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Website in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download any Content where We have provided a link enabling you to do so;
5.3.3 Download Our Website (or any part of it) for caching;
5.3.4 Print one copy of any page(s) from Our Website;
5.3.5 Download extracts from pages on Our Website; and
5.3.6 Save pages from Our Website for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Website (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from Our Website for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Website for general information purposes whether by business users or consumers.
- User Content
6.1 An Account and/or registration is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us a free, unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, share, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Website or Our business. In addition, you also grant Other Users the right to copy and quote your User Content within Our Website.
6.5 If you wish to remove User Content from Our Website, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.6 We may reject, reclassify, or remove any User Content from Our Website where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
- Links to Our Website
7.1 You may link to Our Website provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trademarks displayed on Our Website without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of Our Website,
https://www.sensationaltutors.co.uk/. Deep linking to other pages requires Our express written permission. Please contact Us at director@sensationaltutors.co.uk for further information.
7.3 Framing or embedding of Our Website on other websites is not permitted without Our express written permission. Please contact Us at director@sensationaltutors.co.uk for further information.
7.4 You may not link to Our Website from any other site the main content of which contains material that: 7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Links to Other Sites
Links to other sites may be included on Our Website. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Disclaimers
9.1 Nothing on Our Website constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the delivery or receipt of educational services for children or students whether on the basis of any information provided on Our Website or otherwise.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that the Content on Our Website is complete, accurate, and up to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
- Our Liability
10.1 The provisions of this Clause 10 apply only to the use of Our Website and not to the delivery of Our Services, which are governed separately by relevant terms and conditions for Our clients and tutors.
10.2 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 Website or the use of or reliance upon any Content (including User Content, but not including Paid Content) included on Our Website.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Website or any Content (excluding Paid Content) included on Our Website.
10.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5 We exercise all reasonable skill and care to ensure that Our Website is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Website (including the downloading of any Content from it) or any other site referred to on Our Website.
10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Website is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious
or technologically harmful either to or via Our Website.
11.4 You must not attempt to gain unauthorised access to any part of Our Website, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website.
11.5 You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Website will cease immediately in the event of such a breach.
- Acceptable Usage Policy
12.1 You may only use Our Website in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our Website in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 When submitting User Content (or communicating in any other way using Our Website), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your access to Our Website if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Website;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy; 12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).
12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
- Privacy and Cookies
13.1 Use of Our Website is also governed by Our Cookie and Privacy Policies, available from https://www.sensationaltutors.co.uk/privacy-cookie-policy/. These policies are incorporated into these Terms of Use by this reference.
- Changes to these Terms of Use
14.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Website after the changes have been implemented. You are therefore advised to check this page from time to time.
14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Us
15.1 To contact Us, please email Us at director@sensationaltutors.co.uk or using any of the methods provided on Our contact page at https://www.sensationaltutors.co.uk/contact-us
- Communications from Us
16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to [insert number] business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact us at directors@sensationaltutors.co.uk or via sensationaltutors.co.uk/contact-us/
- Data Protection
17.1 We will only use your personal information as set out in Our Privacy Policy and Cookie Policy, available from https://www.sensationaltutors.co.uk/privacy-cookie-policy/.
- Law and Jurisdiction
18.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
