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Definitions

1. "Booking" means the booking attached to an individual Lesson on the Website.

2. "Complaint" means a claim by a Tutee/Registered Adult that either the service provided by a Tutor falls below the standards the Tutee/Registered Adult expected of a tutor introduced by Cambridge Online Tutors, or, that there was a Missed Lesson..

3. "Content" means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website.

4. "Failed Payment" means an outstanding Lesson Fee for a Booking, for which PayPal, as instructed by Cambridge Online Tutors, has been unable to make a successful charge against the payment details provided by the Tutee/Registered Adult.

5. "Lesson" means, unless otherwise specified, a tuition lesson between a Tutee/Registered Adult and a Tutor.

6. "Missed Lesson" means a claim by a Tutee/Registered Adult that they have not received a Lesson with a Booking on the Website.

7. "Review" means any review, comment or rating.

8. "Tutee/Registered Adult" means a user who has registered an account on the Website. The Tutee/Registered Adult must be at least 16 years old. Where the Tutee is under 16 years old, the Registered Adult will be their parent or guardian.

9. "COT" means the company TauRho Tutors Ltd (company no. 12610308) trading as Cambridge Online Tutors with its registered office address at Bellingham House, 2 Huntingdon Street, St Neots, Cambridgeshire, PE19 1BG.

10. "User" means a person who uses the Website.

11. "Website" means the website on the domain https://www.cambridgeonlinetutors.co.uk.



1. Introduction

1.1 The Cambridge Online Tutors (COT) Website helps Tutees/Registered Adults to learn online by finding Tutors and helps local tutors to market their services. All of these terms and conditions apply to Tutees/Registered Adults and Tutors, unless they specifically state otherwise, or are marked with a ‘T’, when they only apply to Tutors.

1.2 The COT Website is owned and operated by TauRho Tutors Ltd, trading as Cambridge Online Tutors. COT is a limited liability company registered in England and Wales under company number 12610308. The registered office is at Bellingham House, 2 Huntingdon Street, St. Neots, Cambridgeshire, PE19 1BG. Other contact details are available at www.cambridgeonlinetutors.co.uk.

1.3 By registering on or using our website, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every User should read them fully before agreeing to them. If a User does not wish to be bound by these terms, they should not use the Website. 1.4 (‘T’) Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.

1.4 (‘T’) Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.

1.5 Certain words are defined in the ‘Definitions’ of these terms and conditions and are capitalised throughout.



2. COT Rights & Responsibilities

COT promises:
2.1 To help Tutors and Tutees/Registered Adults to teach and learn respectively by promoting Tutors on the Website, and Tutees/Registered Adults to book and pay for Lessons

2.2 To maintain a functioning Website, including communication systems and a booking and payment platform, wherever possible. COT cannot guarantee that the Website will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Website might need to be taken offline for maintenance purposes.

2.3 To communicate any planned maintenance of the Website or downtime.

2.4 To use reasonable endeavours to keep the Website free from viruses.

2.5 To use reasonable endeavours to verify the identity of all Tutors and the background checks of Tutors.

2.6 To decide when a Tutor’s profile is sufficiently complete to be set live on the Website and be accessible by other Users.

2.7 To communicate new Bookings, confirmation of Bookings and cancellations, to both Tutees/Registered Adults and Tutors via the Website and by email (except where a Parent/registered adult or Tutor has chosen to alter their notification settings to exclude email communication).

2.8 To endeavour to ensure that each Tutees/Registered Adults payment for a Lesson are processed promptly when there is no Complaint or Failed Payment.

2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.

2.10 To ensure that refunds to Tutees/Registered Adults are made promptly in accordance with these terms and conditions.

2.11 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.

2.12 To take precautions COT considers appropriate to protect Tutees/Registered Adults' and Tutors' information.

2.13 To monitor postings made on the Website and messages sent between Tutees/Registered Adults and Tutors. COT does so in the hope of helping Tutees/Registered Adults and Tutors meet, but also to stop misuse of the Website, as set out in these terms and conditions.



3. User Responsibilities – this applies to both Tutees/Registered Adults and Tutors, and anyone else who uses the Website

3.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.

3.2 Users are solely responsible for the material they post on the Website, including messages sent. They must not post defamatory, offensive or illegal material.

3.3 Users must immediately report to COT any defamatory, offensive or illegal material they view on the Website.

3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. COT does not guarantee that all of the content on the Website is complete, accurate or up-to-date.

3.5 Users must contact COT immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified COT that they believe their password has been compromised.

3.6 Users must not use the Website with the intention of engaging directly with other Users outside of the COT environment. Users must not promote opportunities or services of any company other than COT on the Website.

3.7 Users agree to abide by the COT Privacy Policy provided on the Website.

3.8 Any User who fails to comply with these terms and conditions may be immediately suspended from using the Website and any related services. COT reserves the right to cancel any existing bookings in such circumstances.



4. Tutee/Registered Adult Responsibilities

4.1 COT is not responsible for the acts or omissions of Tutees/Registered Adults or Tutors and is solely responsible for its own acts or omissions.

4.2 Tutees/Registered Adults must be at least 16 years old to book a Tutor for themselves. Tutees under the age of 16 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via COT. COT is not responsible for any dispute between a person under the age of 18 and a parent or guardian.

4.3 Tutees/Registered Adults must ensure that all of their personal details and contact information are accurate and up-to-date. COT will contact Tutees/Registered Adults by email or through the sites Website messaging service.

4.4 When a Booking is made for a lesson on the Website, attendance by the Tutees/Registered Adults is confirmed. Attendance of the Tutor is also confirmed upon booking. Payment is given for any and all booked lessons upon Booking.

4.5 Tutees/Registered Adults agree not to circumvent or disintermediate, or attempt to circumvent or disintermediate, COT in any way at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor and that, save where COT has barred the Tutees/Registered Adults or Tutor in accordance with clause 4.8, all future Lessons within six months of the date of the most recent Booking with the relevant Tutor between the Tutee/Registered Adult with a Tutor found through the Website will be booked through COT.

4.6 Tutees/Registered Adults must use their own judgement about the services of Tutors detailed on the Website. Although COT undertakes certain checks to assess the suitability of each Tutor prior to setting their profile live on the Website, Tutees/Registered Adults are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a Booking. All Tutors are required to provide valid DBS certificates and two verified references prior to their biography going live on the Website. All Tutors are also interviewed by our internal education assessors.

4.7 Tutees/Registered Adults are responsible for ensuring that they have the correct equipment to be able to access the online classroom prior to an online lesson. In most instances, this will just be the Zoom application. No refunds will be made in the event that Tutees/Registered Adults are unable to access the online classroom for whatever reason, save where such inability to access the online classroom arises as a result of COT failing to provide the services outlined in clause 2.2 of these terms and conditions.

4.8 Tutors are required to record Lessons for training and quality purposes and to provide evidence and transcripts in the event of a Complaint, or for provision of revision materials if requested by the Tutee/Registered Adult. All recorded Lessons are stored for a maximum of three months before being permanently deleted by both the Tutors and COT with a routine deletion period on the first day of each month. Early deletion requests may be accepted unless in the event any legal issue has arisen.

4.9 Any Tutee/Registered Adult who fails to comply with these terms and conditions may be immediately barred from using the Website and any related services. COT reserves the right to cancel any existing Bookings in such circumstances.

4.10 Cancellations: Tutees/Registered Adults may cancel any Booking, without incurring any charge, by giving more than 24 hours' notice.

4.11 Nothing in these terms and conditions affects Tutees/Registered Adults statutory rights.

4.12 Simply by agreeing to these terms and conditions, a Tutees/Registered Adults is not required to sign up with any Tutor or make any Bookings.

4.13 Subject to paying for any confirmed Bookings, Tutee/Registered Adults may cease to use the COT service at any time.



5. Tutor Status and Responsibilities

5.1 Tutors are not employees of COT and are solely responsible for their own actions both on and off the Website.

5.2 Tutors must be at least 18 years old.

5.3 Tutors must be legally entitled to work in the UK on a self-employed basis. Proof may be requested at any point during or after the application process.

5.4 Tutors may not initiate contact with a Tutee/Registered Adult. If a Tutee/Registered Adult under the age of 16 communicates through the Website with a Tutor, the Tutor must ensure that the Tutee/Registered Adult are represented by a parent or legal guardian who gives consent for the Tutee/Registered Adult to receive tuition.

5.5 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.

5.6 Tutors must disclose any criminal convictions or cautions they may have to COT, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.

5.7 Tutors during application must provide proof of valid DBS certification and at any point during or after the application process be able to provide transcripts of their qualifications.

5.8 Any Tutor who fails to comply with these terms and conditions may be immediately barred from using the Website and related services. COT reserves the right to cancel any existing Bookings at any time in such circumstances.

5.9 Tutors acknowledge that they will be ranked on the Website based on Tutees/Registered Adults ratings and the number of Lessons taught. Repeat Bookings and prompt messaging may also be factors. COT reserves the right to change the way Tutors are ranked at any time.

5.10 Tutors will receive notification emails of Bookings for Lessons. If a Tutee/Registered Adult books a lesson within the available timeframes defined by the Tutor in their profile, the Tutor automatically confirms that Booking and is responsible for attending that Lesson.

5.11  Tutors agree not to solicit any Tutee/Registered Adult or disintermediate COT, or attempt to solicit Tutees/Registered Adults or disintermediate COT, in any way, at the time of Booking any Lesson with any Tutee/Registered Adult, during any period of confirmed Bookings with any Tutee/Registered Adult or at any time within six months of the date of the most recent Booking with the relevant Tutee/Registered Adult. A non-solicitation penalty starting from £500 (Excluding VAT) will be applied in such instances of a breach.

5.18 Tutors shall indemnify COT for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.

5.19 Tutors are responsible for ensuring that they have the correct equipment to be able to access the online classroom, including Zoom Pro, prior to an online group lesson. Tutors will be liable to a penalty covering any refund of fees received for an online lesson in the event that they are unable to access the online classroom for whatever reason, save where such inability to access arises as a result of COT failing to provide the services outlined in clause 2.2 of these terms and conditions.

5.20 Tutors are responsible for ensuring they are on time and in a suitable environment for providing online lessons. Tutors who are late for a Lesson must provide evidence that they contacted the Tutee/Registered Adult directly to make them aware of their lateness and that the Tutee/Registered Adult was happy to take the Lesson at a later time. Any Tutors who fail to do so will be liable to a penalty covering the refund to the Tutee/Registered Adult for any fee they have received for the relevant Booking.

5.21 In the event a Tutee/Registered Adult does not attend a Lesson on time, Tutors must wait for 15 minutes and provide proof of attendance for 15 minutes to give enough time for the Tutee/Registered Adult to attend. Satisfactory proof includes providing a message detailing the incident to the admin 15 minutes after the scheduled Lesson start time. Tutors will receive full payment for the Lesson in such instances.

5.22 Tutors must notify the admin of any cancellations within a 24 hour window and whether they would like to charge the full Lesson fee, 50% of the Lesson fee or provide a full refund to the Tutee/Registered Adult.

5.23 Tutors are responsible for recording Lessons. In commencing recording, in accordance with GDPR regulation, Tutors are required to notify the Tutee/Registered Adult that the recording is for Training and Quality Purposes. If requested, Tutors should direct the Tutee/Registered Adult to the COT Privacy Policy which includes the COT Data Deletion Policy.



6. Payment

6.1 The fee for a Lesson is payable by a Tutee/Registered Adult on the Website at the time of Booking. The Lesson fee will also be displayed in emails confirming receipt of payment.

6.2 The Tutee/Registered Adult authorises COT to instruct PayPal to charge their credit/debit card for the Lesson fee attached to the relevant Booking.

6.3 If any Tutee/Registered Adult cancels a Booking less than 24 hours before the relevant Lesson is due to commence, payment may not be refunded.

6.4 If any Tutee/Registered Adult makes a Complaint (claiming for a Missed Lesson, raising a refund request, or making a claim against COT’s satisfaction guarantee), charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with these terms and conditions.

6.5 Tutees/Registered Adults will be charged the full Lesson Fee, provided the Tutor attended the Lesson for at least 15 minutes from the Lesson’s scheduled start time. It is the responsibility of the Tutees/Registered Adults to make sure they attend their Booked Lessons. However, refunds may be requested if a Tutor does not attend for at least the first 15 minutes of a Lesson and, therefore, give the Tutee/Registered Adult sufficient opportunity to attend.

6.6 If a Lesson does not take place because a Tutee/Registered Adult does not attend, the Tutee/Registered Adult will not subject to a refund.

6.7 Payment processing services on COT's Website are provided by PayPal. By agreeing to these terms and conditions or continuing to operate as a Tutor on COT's Website, the Tutor agrees to be bound by the PayPal Terms; and the Tutor agrees to provide COT with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises COT to share with PayPal such information and transaction information related to Tutor's use of the payment processing services provided by PayPal.



7. Cancellations

7.1 A Tutee/Registered Adult may cancel a Booking at any point before the scheduled start time of a Lesson.

7.2 A Tutee/Registered Adult may only cancel a Lesson by cancelling the relevant Booking on the Website. Cancellations made through direct contact with the Tutor, such as by text or phone, and not through the Website, may not be refunded.

7.3 Cancellations made 24 or more hours before a Lesson is due to commence will incur no charge.

7.4 Bookings cancelled by a Tutee/Registered Adult less than 24 hours before a Lesson is due to commence may not be refunded. COT leaves it to the Tutor's discretion whether to accept the cancellation request and not charge any fee for a Lesson, or to charge the Tutee/Registered Adult 50% of the Lesson fee or the full Lesson fee. Unless instructed otherwise by the Tutor, COT reserves the right, as the Tutor’s agent, to withhold any refund for the full Lesson fee in accordance with these terms and conditions.

7.5 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Tutees/Registered Adult directly via the Website and cancel the Booking on the Website. In the event of a Tutor cancelling a Booking, the Tutee/Registered Adult will receive a full refund. For late cancellations within 24 hours of the scheduled start time, a good will discount for future lesson Bookings may be provided.

7.6 Bookings cannot be cancelled after the Lesson has started.



8. Missed Lessons and Complaints

8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Tutee/Registered Adult to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a missed Lesson (where the Tutor did not attend a Lesson booked on the Website) or a claim about quality (where the Tutee/Registered Adult feels that the service provided by a Tutor falls below the standards they reasonably expected).

8.2 A Tutee/Registered Adult should inform COT directly of a Complaint by either phone or email within 96 hours after the scheduled finish time of the relevant Lesson.

8.3 When a complaint has been received from a Tutee/Registered Adult, COT will contact the Tutor within 48 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.

8.4 Should a Tutee/Registered Adult inform COT of a complaint within 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform COT through the Website of their desire to accept or dispute the complaint (and accept or reject the associated refund request). Should the Tutor accept the complaint through the Website within 48 hours of being notified of the complaint, or, not respond to the complaint, COT, as the agent of the Tutor, will instruct PayPal to process a full refund to the Tutee/Registered Adult for the Lesson. COT will promptly inform the both the Tutee/Registered Adult and the Tutor of the outcome and authorise the associated refund.

8.5 Should a Tutee/Registered Adult inform COT of a complaint more than 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform COT by email or phone of their desire to dispute the complaint (and decline a refund of the Lesson fee). COT, as the agent of the Tutor, will inform the Tutee/Registered Adult by email of the Tutor’s decision to reject their complaint and reject the associated refund request.

8.6 Should the Tutee/Registered Adult and Tutor not reach an amicable agreement regarding a complaint, the Tutee/Registered Adult is entitled to make a claim against the Tutor in relation to the complaint. As set out in these Terms and Conditions, COT accepts no liability in relation to complaints and the services provided by a Tutor.

8.7 Should COT find that a missed Lesson occurred due to any failure of COT to meet the terms set out in clause 2 of these terms and conditions, COT will refund the Tutee/Registered Adult a full refund for the missed Lesson.

8.8 COT reserves the right to offer any Tutee/Registered Adult, as a gesture of goodwill, a future Lesson discount or payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at COT’s discretion.



9. Child Protection

9.1 COT seeks to provide the best service possible and provide a safe experience in which children can learn.

9.2 All Tutors must comply with the The Tutors' Association Child Protection Policy, whether or not they are a member of The Tutors' Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf

9.3 If any User has a concern regarding child protection, they should contact COT immediately.

9.4 COT ensures all Tutors on the Website hold valid DBS certificates. It the responsibility of the parent or guardian of the Tutee/Registered Adult to undertake any further background checks.



10. Disclaimers and Limitation of Liability

10.1 Nothing in these terms and conditions in any way limits or excludes COT's liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.

10.2 All Users must give COT a reasonable opportunity to remedy any matter for which COT is potentially liable before incurring any costs remedying the matter themselves.

10.3 COT shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:

  • there is no breach of a legal duty of care owed by COT or by any of its employees or agents;
  • such loss or damage was not reasonably foreseeable by both parties; or
  • such loss or damage is caused by the User, for example by not complying with these terms and conditions.

10.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage COT suffers arising from the User's breach of these terms and conditions or misuse of the Website (subject of course to COT's obligation to mitigate any losses).

10.5 The following clauses apply only if the User is not a consumer:

  • To the extent allowed by law, the User and COT exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to COT includes its employees and agents.
  • COT's liability of any kind (including in respect of its own negligence) with respect to the Website for any one event or series of related events is limited to £100 or the total platform fees paid by the User in the 12 months before the event(s) complained of, whichever is higher.
  • In no event (including COT's negligence) will COT be liable for any:
  • economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data (even if COT has been advised of the possibility of such losses).
  • the User will indemnify COT against all claims and liabilities directly or indirectly related to the User's use of the Website and/or breach of these terms and conditions
  • These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.



11. Intellectual Property

11.1 When submitting Lesson material to COT, Tutees/Registered Adults and Tutors also grant to COT a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material. This does not include any personal data relating to the Tutor or Tutee/Registered Adult.



12. Changes to these terms and conditions

12.1 COT may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.



13. Governing Law & Jurisdiction

13.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.

13.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.

END OF TERMS AND CONDITIONS

Any queries relating to these Terms and Conditions, please contact info@cambridgeonlinetutors.co.uk