Terms Of Service

Last updated: 26 May 2017

Introduction

This clause clarifies that by using our website you are entering into a legally binding agreement with us and you agree to comply with these TutorJobs Limited Terms (as amended from time to time) when using our website, as well as with any additional terms and conditions that apply to some of our services.

THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF ANY WEBSITE UNDER THE SOLE OR JOINT CONTROL OF TUTORJOBS LIMITED AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITES.  USE OF THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THESE TERMS ARE ISSUED BY TUTORJOBS LIMITED.

These terms and conditions (Terms) may be updated by us from time to time without notice to you. We will post any changes to these Terms on this page and we will also indicate at the top of this page the date that these Terms were last revised.

Your continued use of the Services (as defined below) or the Website (as defined below) after any such changes constitutes your acceptance of the new Terms.  If you do not agree to abide by these or any new Terms, do not use or access (or continue to use or access) the Services or the Websites.  It is your responsibility to regularly check this page to determine if there have been changes to these Terms and to review such changes.

The General Terms apply to all users of the website.  However, particular Services may also be governed by additional or alternative terms of service, which are set out in Additional Terms of these General Terms and may also be provided separately, in which case please note that the General Terms and any Additional Terms must be read together.

For institutions, corporations, public bodies or persons representing any of those, the General Terms and the Additional Terms for Institutions apply in all instances.

You should print a copy of these Terms and any relevant Additional Terms for future reference. If you have any questions, please contact us.

Who We Are

This clause tells you some basic information about our company.

This Website is brought to you by TutorJobs Limited of Pearl House, 746 Finchley Road, London, NW11 7TH (Tutor Jobs) and/or our applicable Affiliates.  Tutor Jobs is registered in England and Wales under company number 09338893. References to “we”, “our” and “us” are references to Tutor Jobs.  In these Terms, “Affiliate” means, in relation to any party, any person or entity Controlling, Controlled by or under common Control with such party, for the time being; and for these purposes, “Control” means the power to direct or cause the direction of the management and policies of a party, whether directly or indirectly and whether through the ownership of voting securities, by contract, or otherwise, and the words “Controlling” and “Controlled” shall be construed accordingly.

Member Accounts, Passwords And Security

This clause explains how we endeavour to protect your personal information as well as your responsibility to look after your account password and for activities that occur under your password and account.

The Internet is not a secure medium.  However, Tutor Jobs will endeavour to protect all personal information collected through the Website in accordance with appropriate data protection standards.

The registration processes on the Websites may involve you giving a password and account designation.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify Tutor Jobs of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session.  Tutor Jobs cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Member Acceptance Of Terms Of Sale

This clause explains how you are obliged to agree to the Terms and any additional terms every time you use our Websites to make an electronic purchase.

Your use of the Websites and registration of an account includes the ability to enter into agreements and/or to make purchases electronically.  You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms (including the Additional Terms relating to such purchase), and to pay for such purchases.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Websites, including notices of cancellation, policies, contracts, and applications.

Special Warning For International Use

This clause explains that the website is targeted to UK users and that if you reside outside the UK, you use the website at your own risk.

The Website is designed to be compliant with applicable UK laws and regulations and is intended for use only by users that are resident in the United Kingdom.  Due to the global nature of the Internet, users from all over the world may have access to the Websites.  If you are resident in a country outside of the UK you use the Website at your own risk.

Modifications To The Services

This clause explains that we may change or discontinue a service without being liable to you for doing so, and when we will provide compensation to you if you have paid for a service that is discontinued.

Tutor Jobs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that Tutor Jobs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.  If you have paid for Services which are then discontinued by Tutor Jobs without good cause, Tutor Jobs will compensate you when it is legally required to do so.

Termination

This clause explains when and how we may suspend or terminate a website and/or service, or remove content you have uploaded.

You agree that Tutor Jobs, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Websites and/or the Services or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Services, and may remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Tutor Jobs believes that you have violated or acted inconsistently with the letter or spirit of these Terms.  Where there is a breach of these Terms, the rights described in this paragraph are not Tutor Jobs’ only remedy and Tutor Jobs may take any other action we reasonably deem appropriate in connection with such breach.

Links To Other Websites Or Resources

This clause explains that we are not responsible for third-party websites or resources that our websites may link to.

The Services may provide, or third parties may provide, links to other websites or resources. Because Tutor Jobs has no control over these sites and resources, you acknowledge and agree that Tutor Jobs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that Tutor Jobs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Tutor Jobs Proprietary Rights

This clause gives details of our intellectual property rights in relation to our websites and services.

Unless otherwise indicated, Tutor Jobs is the owner or the licensee of all copyright, trade mark rights and/or other intellectual property rights in the Websites and the Services that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Tutor Jobs reserves all intellectual property rights not otherwise granted under these Terms.

Disclaimers

This clause explains the extent to which you can rely on our services and that we are not responsible for the way in which you use any user-generated content.

You expressly acknowledge and agree that:

Your use of the Services, and websites, is at your sole risk.  Tutor Jobs has made every effort to ensure that the content on the Websites and made available through the Services is accurate and up-to-date and correct at the time of publication.  However, the Websites and the Services are provided on an ‘as is’ and ‘as available’ basis.  We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Websites or through the Services or that use of the Websites will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of Tutor Jobs for any errors, omissions or inaccurate information on the Websites or available through the Services.

Confidential Information

This clause sets out your rights and the restrictions imposed on you in relation to the use of confidential information.

You acknowledge that any Confidential Information (as defined in the next paragraph below) which you obtain by entering into these Terms and the use of the Services constitutes the valuable, confidential, proprietary information of Tutor Jobs and its licensors, and you agree that during the term of your use of the Services and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these Terms or as required by applicable law.

For the purposes of these Terms, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Tutor Jobs, its users and members, Affiliates, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website content belonging to others and other intellectual property.

Limitations of Liability

This clause explains what liability we accept in relation to these Terms and your use of our websites and services.

Tutor Jobs’s liability to you in contract, tort (including negligence) with regard to these Terms, use of the Websites and/or any Service shall be limited to the greater of: (a) £150 and (b) the price validly paid by you to Tutor Jobs under any contract for paid services during the 3 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that Tutor Jobs shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.

Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Tutor Jobs.

Events Beyond Our Control

This clause explains that we are not liable for events outside our control.

Tutor Jobs will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control (“Force Majeure Event”), including (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
  • the acts, decrees, legislation, regulations or restrictions of any government.

Tutor Jobs’ performance under any Terms or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms or any related contract between us may be performed despite the Force Majeure Event.

Notice And Disclaimer Regarding Email

This clause details the risks associated with the use of email, details what actions we take to try to avoid such risks and requests that you work with us to ensure it is used is the safest and securest way possible.

Email is not a 100% virus-free or a secure medium.  Any email message from Tutor Jobs, including any attachments transmitted with it, may contain legally privileged or private information. such messages are intended solely for the use of the individual or entity to whom it is addressed.  If you have received such a message in error, please notify the sender or Security and delete it from your system.  You should not copy, store or use such an email or any attachment(s) for any purpose, nor disclose their contents to any other person.

Whilst Tutor Jobs scans all communications for viruses or other malicious software, we do not guarantee that any message is virus-free and accept no liability for any potential loss or damage that may arise as a result of receiving, storing and reading any message and any attachment(s).  It is your responsibility to ensure that viruses do not adversely affect your system and that your messages to us meet your own security requirements.  We reserve the right to read any email or attachment entering or leaving our systems without notice.

Complaints About Our Websites And Services

If you have any complaints about the Websites, we want to hear from you so we can improve our service.  Please e-mail us at admin@tutors.jobs and we will consider your comments carefully.

General Information

This clause sets out some important details about the scope of these Terms and how they can be enforced.

These Terms (including the Privacy Policy and any additional terms, guides and rules referred to herein, including the Additional Terms in respect of any specific Services) constitute the entire agreement between you and Tutor Jobs and govern your use of the Services, superseding any prior agreements between you and Tutor Jobs.  You also may be subject to additional terms that may apply when you use affiliate services, third-party content or third-party software.  These Terms represent a contract between you and Tutor Jobs, they (and any dispute or claim arising in connection with them or their subject matter or formation) shall be governed by and interpreted in accordance with the law of England and Wales, and we and you both irrevocably agree that (save as otherwise expressly provided in any of our Additional Terms and/or our take-down policy) any dispute or claim arising between you and us shall be adjudicated exclusively by the Courts of England and Wales, save that we may enforce any judgment of such Courts, where required, in courts in any other jurisdiction in which you are located.  Any term or terms which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the agreement.  The parties agree that in interpreting a clause and/or the whole agreement the court should take these terms as the most authoritative statement of the intentions of the parties notwithstanding any such strikeout, and that the court should endeavour to give effect to the parties’ intentions as reflected herein.  Any failure by Tutor Jobs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  References to the words “include” and “including” shall be interpreted as without limitation, irrespective of whether certain instances of those words expressly state “without limitation” and other instances do not.