Terms and Conditions

1. What is Tutors Valley?

1.1 Tutors Valley an electronic platform through which Tutors can offer private tuition providing one-on-one lessons via the internet to Student users of the Website. Tutors using the Website provide expert private tuition to Students at all levels from Key Stage 2 up to university.

2. Terms of service

2.1 This document sets out the terms on which Tutors Valley offers the Website and the Services. Please take the time to read and review these Terms of Service carefully and make sure that you understand them before using the Website and/or the Services. Continued use and registration with Tutors Valley is deemed acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you must cease use of the Website and the Services immediately. Tutors Valley is free to modify these Terms and Conditions as necessary of which Users will be notified.

3. Definitions

In this Terms and Conditions the following terms shall have the following meanings:

• 3.1 'Tutor' means the person that has appropriate qualifications and experience to provide tuition services and who has the intention of entering into a Contract to provide tuition to the Tutee or the Tutee's nominee.
• 3.2 'Tutee' and or 'Pupil' means a person that uses the Tutors Valley website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's parent/guardian.
• 3.3 'Parent, Guardian or Client means the person and/or persons seeking to appoint a Tutor on behalf of the Tutee.
• 3.4 'Contract' means the agreement between the Tutor and the Tutee for the Tutor to perform services for the Tutee.
• 3.5 'Session' means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.
• 3.6 'Agency' means Tutors Valley Limited, of Tutors Valley Ltd., 142 Cromwell Road, London, England, SW7 4EF, United Kingdom
• 3.7 'Introduction' means the passing to the Client of Tutor Information;
• 3.8 'Agreed Hourly rate' means the rate payable for tuition as agreed between the Agency and the Client;
• 3.9 'Free Trial' means a free trial Session with a Tutor during which the Student can evaluate the suitability of the Tutor for the tutoring she/he requires.
• 3.10 'Tutor Information' means contact details of a Tutor selected by the Agency;
• 3.11 'Service' means any online facilities, tools, services or information that Tutors Valley makes available through the Website either now or in the future;
• 3.12 'System' means any online communications that Tutors Valley makes available through the Website either now or in the future. This includes, but is not limited to, email, message boards, live chat facilities and email links.

4. Tutor duties

If you are a Tutor, the following provisions apply to you:

• 4.1 The Tutor must be at least eighteen years of age and can provide any references, DBS checks and proof of qualifications and experience as claimed in your profile, upon request.
• 4.2 The Tutor will be paid on a monthly basis. In practice this means that Tutors Valley will pay Tutors after 4 session's worth of classes or monthly, whichever comes first.
  In order for payments to be authorised please note that all Session Reports must be completed by the end of every month. This is to validate the lesson time and activate the recording link to the student; which is part of our commitment to them. Payments can not be carried over and any reports not completed may result in the tutor not being paid for that session.
• 4.3 Tutors acknowledge that they are not an employee of Tutors Valley but rather an Independent Contractor, as such you accept full responsibility for all Income Tax, National Insurance and other taxation or employment-related responsibilities arising in connection with your involvement in any Tuition Arrangement.
• 4.4 Tutors acknowledge that their details may be provided to a Tutee via our service, but that Tutees are under no commitment to undertake any Tuition Arrangement simply by virtue of them having obtained your details from us.
• 4.5 Tutors must not try to gain Tutees personal details or engage them for any tutoring business in the future outside of Tutors Valley.
• 4.6 Tutors should not talk to the Tutees about anything unrelated to their tuition, and should fully utilise the hour/s booked for tutoring.
• 4.7 If any illegal activities are brought to Tutors Valley's attention, we will take legal action.
• 4.8 Tutors acknowledge that your Tutor profile and some details entered by you on the Website will be publicly visible and may appear in search engine results.
• 4.9 The Tutor must contact a Tutee through the Tutors Valley Website. Any other means of communication is prohibited.
• 4.10 The Tutor must not be in any way be abusive about a Tutee or his nominee on the Tutors Valley Website or any other place.
• 4.11 The Tutor is responsible for conducting themselves professionally and punctually and for carrying out their role as Tutor professionally. If the Tutee and or Parents/Guardian reject the Tutor for a valid reason, the Tutor will not be paid for any tutoring carried out.
• 4.12 Any loss of business to Tutors Valley due to a Tutor terminating the contract early may result in the tutor not being paid

5. Tutee duties:

If you are a Tutee, the following provisions in this paragraph apply to you:

• 5.1 A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom they enter into or propose to enter into a Contract. Tutors Valley does not offer any guarantee that any information provided on the Tutors Valley Website is accurate and correct.
• 5.2 Before we supply a Tutor's contact details to you, you may be required to submit and confirm information in relation to yourself, your tuition requirements and the terms on which you would be prepared to engage a Tutor to provide tuition services. You agree to supply such information and consent to it being shared with potential Tutors.
• 5.3 Should there be any circumstances in which the Tutee notices a Tutor behaving inappropriately, then the Tutee must report this to their parents / Tutors Valley immediately. Tutors Valley will not take any responsibility if Tutees do not follow this rule.
• 5.4 Tutees are not allowed to share any personal details with Tutors nor engage in any personal conversation with them.
• 5.5 Tutees must not under any circumstances use Tutors Valley Tutors for personal tutoring at a later stage.
• 5.6 Tutors Valley have the right to take full legal action if we find the Tutee has used Tutors Valley Tutors in the future after leaving Tutors Valley.
• 5.7 You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the Website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the Tutee for the purposes of these Terms.
• 5.8 A Tutee must contact a Tutor through the Tutors Valley Website. Any other means of communication is prohibited.
• 5.9 A Tutee cannot act as an agent to promote the services or opportunities of a company.
• 5.10 A Tutee must not publish any abusive comments about a Tutor or a Tutee on the Tutor Valley Website or any other place. This include defamatory or derogatory comments.
• 5.11 Tutors Valley is not responsible for examination entry; this is the sole responsibility of the Tutee.
• 5.12 A Tutee must not pay the Tutor for lessons in advance. Tutors Valley are not liable for any financial loss that may occur as a result.
• 5.13 A Tutee must not request a Tutor to complete coursework, essays, or other assignments on their behalf.

6. Liability and indemnity

6.1 Tutors Valley shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with Tutors Valley seeking a Tutor for the Client or from the Introduction to or Engagement of any Tutor by the Client or from the failure of the Agency to introduce any Tutor.

6.2 The final decision to employ a Tutor rests with the Client. Tutors Valley can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Tutor nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency or on its behalf to the Employer or as it shall direct in respect of the Tutor. Verification of all such information and references shall be the Client’s responsibility.

6.3 In no circumstances shall the Tutors Valley total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.

6.4 Tutors Valley assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.

6.5 Tutors Valley is not responsible for the provision of Tutor Sessions by Tutors.

6.6 In no event shall Tutors Valley, its shareholders, directors, officers, employees or agents be liable to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.

6.7 Tutors Valley does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Bigfoot Tutors. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

6.8 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.

6.9 Tutors Valley specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.

6.10 Tutors Valley does not guarantee that a Tutor will be secured to meet the Tutee's needs.

6.11 Tutors Valley is not responsible for any grade received by a Tutee.

6.12 Tutors Valley cannot vouch 100% for any of our Tutors' character and conduct.

6.13 All checking CRB/Police verification is carried out to the best of our knowledge.

6.14 The selection of Tutors is done with our best knowledge and effort.

7. Cancellation of contract

7.1 If the Tutor withdraws from the Contract at any time, Tutors Valley will endeavour to provide another Tutor to the Client if requested. The Client is not obliged to accept the Tutor. Tutors Valley is not obliged to provide another Tutor.

8. Cancellation of tuition session by Client (Student)

8.1 If the Client cancels a tuition session within 48 hours of a scheduled session, the Client agrees to pay for the scheduled tuition session.

9. CANCELLATION OF TUITION SESSION BY TUTOR

9.1 If the tutor cancels a tuition session within 48 hours of a scheduled session without any genuine reason, the tutor agrees to pay for the scheduled tuition fee to TutorsValley or a free session should be arranged for the student.

10. Publishing tutor profile in TutorsVally website

10.1 Tutors Valley may publish the tutors photograph and details on their website. By agreeing to our Terms and Conditions you are authorising that you are in agreement and personally consent to this. Please note we will only publish photographs, a brief resume of the subjects you offer and the area you are based in; no other personal details will be included​.

11. Termination of the Contract

11.1 Tutee

If the tutee decides to leave Tutors Valley within the first 3 lessons , then the remaining fees will be refunded without any administration charge. However, if the booking is cancelled after three classes have been completed then the tutee has to pay £100 admin fee and the remaining fees will be refunded.

11.2 Tutor

The tutor is liable to complete all booked classes unless unless a genuine reason is justified, for example a medical condition or an unexpected situation. If the tutor chooses to leave the booking without any valid reason, Tutors Valley has full right to take legal action against the tutor.

12. Availability of the Website

12.1 The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality

12.2 Tutors Valley accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

12.3 Tutors Valley may change or discontinue the availability of the Website or any part thereof at any time without prior notice. Tutors Valley reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.

13. Intellectual Property

13.1 The code, brand and intellectual property of the Tutors Valley Website cannot be reused without Tutors Valley consent. All copyright, trade marks, and other intellectual property rights in and relating to the Tutors Valley Website (including the material which is contributed by Members) are owned by Tutors Valley. It is prohibited to copy, distribute, show in public or create any derivative work from the Tutors Valley Website, or any of the material which is found on the Tutors Valley Website without consent.

13.2 Subject to the exceptions in Clause 7 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property Tutors Valley. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

14. Home Tuition: Teachers To Your Home

Tutors Valley takes every step possible to check the credentials of our tutors. However, it is the parent/guardians responsibility to ensure that their child is properly monitored during any tuition session. We strongly advise that during any tutoring session parent/ guardians are present and that the sessions are conducted in an open area. In the unlikely event that you are unhappy with any conduct from a tutor please contact Tutors Valley immediately; within 24 hours of the class taking place. TutorsValley do not take any legal responsibility on the above.

Please note that all payments are to be conducted via our online payment system and no money should change hands between tutors, students, parents or guardians.

15. General

15.1 These Terms of Service set forth the entire understanding and agreement between You and Tutors Valley with respect to the subject matter hereof.

15.2 Tutors Valley Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Tutors Valley Website (including any which contain personal information) is, of course, accessible to internet users around the world.

15.3 These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.

16. Law

English Law and the jurisdiction of English Courts applies to these terms

Tutors Valley Ltd., 142 Cromwell Road, London, England, SW7 4EF, United Kingdom, Company registration number: 09920668

17. KidSmartapp Terms and conditions

Following your subscription, it will be understood that services have been contracted,and the user will be charged on a monthly billing cycle, consequently, no amount of money will be returned.

The user can cancel the subscription at any time by contacting Tutorsvalley.com or by cancelling the payment agreement with WorldPay. The Services will stop working once the subscription is cancelled or the payment agreement is terminated/cancelled.

In the event of a failed transaction or kidsmartapp.co.uk being unable to charge the user's payment method, the subscription will be cancelled, and we will attempt to contact the user.

Tutorsvalley is partnering with Kidsmart.com in providing this service, and by accepting this you are also agreeing to their data privacy agreement.

Please read through their T&C

https://kidsmartapp.co.uk/terms-and-condition

IMPORTANT INFORMATION

All music students and tutors must ensure they adhere to the following:

• During the class no private numbers or email addresses should be exchanged unless it has been approved by our office, Education Head or Principal.
• Students are not allowed to approach our celebrity guests or tutors privately for making music albums.
• If students wish to create albums or any musical related work they should contact our office and get approval.
• All musical albums made with help of our tutors and/or our celebrity guests should be published through our Tutorsvalley youtube channel.
• Students of course have total freedom to make their own personal album or musical videos without letting us know, as long as this has not been with the collaboration or help of our tutors or celebrity guest speakers.
• If students use our tutors or celebrity guest speakers the material then needs to be released through our Tutorsvalley youtube channel.
• If a tutor/student decides to leave Tutorvalley Music Academy both parties are not permitted to engage in lessons for 1 year starting from when they leave Tutorsvalley. If any evidence is found that they have been engaging in lessons both parties will face legal action according to the English law.