Terms & Conditions
Contained here are the Terms and Conditions which you must read and agree to before registering for the Direct Tutors Website. Please take a time to read and understand the Terms and Conditions before registering for the Direct Tutors Website. Existing members shall be informed of these Terms and Conditions once they login. Continued registration with Direct Tutors is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time.
Please make sure that your email address we have stored for you is current and you can access it. You can update your email address within your Personal Info section once you sign in.
1. The following expressions are given the following meanings:
(a) "Contract" means the agreement between the Tutor and the Tutee for the Tutor to perform services for the Tutee.
(b) "Direct Tutors Website" means the website operated by Direct Tutors.
(c) "Members" means Tutors and Tutees.
(d) "Tutee" means a person that uses the Direct Tutors Website with the intension 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.
(e) "Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Direct Tutors Website, with the intention of entering into a Contract to provide tuition to the Tutee or the Tutee's nominee.
2. In these Terms-
(a) words importing the singular shall include the plural and vice versa; and
(b) words importing the masculine gender shall include the feminine gender and vice versa.
3. All business undertaken by Direct Tutors, a Tutor and/or a Tutee or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail. Obligations of Direct Tutors and related provisions.
4. The Direct Tutors Website has been established to allow a Tutee to find a Tutor and to allow a Tutee to view the Tutor's profile.
5. Direct Tutors will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutee on the Direct Tutors Website.
6. Direct Tutors is not responsible for appraising information on the Direct Tutors Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Direct Tutors can offer no guarantee that Members are who they say they are.
7. A Tutor warrants that he-
(a) is of at least eighteen years of age;
(b) has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Direct Tutors Website.
8. Tutors who contact Tutees who are under the age of 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee.
9. A Tutor is responsible for the prices quoted for his services on the Direct Tutors Website and for collection of all fees due to a Tutor from a Tutee. Direct Tutors is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Tutor and a Tutee.
10. A tutor takes full responsibility for all information that he provides on the Direct Tutors Website and must indemnify Direct Tutors in relation to any liability incurred by Direct Tutors as a result of such information.
11. A Tutor shall indemnify Direct Tutors for all claims and liabilities arising out of any use by the Tutor of the Direct Tutors Website, including costs and expenses incurred.
12. A Tutor must contact a Tutee through the Direct Tutors Website. Any other means of communication is prohibited.
13. A Tutor must not be in any way abusive about a Tutee or his nominee on the Direct Tutors Website or any other place.
14. A Tutor is not an employee of Direct Tutors and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Direct Tutors Website.
15. All information provided by a Tutor on the Direct Tutors Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the Direct Tutors Website will be publicly visible and may appear in search engine results.
16. Use of the Direct Tutors Website is entirely at a Tutor's own risk. A Tutor must exercise complete caution when using the Direct Tutors Website and entering into any agreements to provide tutoring services to a Tutee.
17. A Tutor must not complete on behalf of the Tutee any coursework, essays, or other assignments.
18. A Tutor must not request any upfront fees. A Tutor must only accept payment for a single lesson at a time, to be paid at the completion of that lesson.
19. A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Direct Tutors is not responsible for any disputes regarding parental consent or any problems that a Tutee or a patent/guardian has experienced with a Tutor.
20. 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 he enters into or proposes to enter into a Contract. Direct Tutors does not offer any guarantee that any information provided on the Direct Tutors Website is accurate and correct.
21. A Tutee, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. Direct Tutors is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Tutee.
22. A Tutee must contact a Tutor through the Direct Tutors Website. Any other means of communication is prohibited.
23. A Tutee agrees not to use Direct Tutors to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Direct Tutors should contact us.
24. A Tutee cannot act as an agent to promote the services or opportunities of a company.
25. A Tutee must not publish any abusive comments about a Tutor or a Tutee on the Direct Tutors Website or any other place. This includes defamatory or derogatory comments.
26. Direct Tutors is not responsible for examination entry; this is the sole responsibility of the Tutee.
27. A Tutee must not pay the Tutor for lessons in advance. Direct Tutors are not liable for any financial loss that may occur as a result.
28. A Tutee must not request a tutor to complete coursework, essays, or other assignments for them.
29. Members must not use the Direct Tutors Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.
30. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
31. Members must not post material to the Direct Tutors Website in which the copyright or intellectual property is or may be the property of another person or body.
Liability, Indemnity and other provisions
32. Direct Tutors has no control over or responsibility for the truth or accuracy of any material available on the Direct Tutors Website, whether provided by Members or others. Third party websites may appear on the Direct Tutors Website. Direct Tutors does not endorse or have any responsibility for the site in question or anything which appears on it.
33. Direct Tutors is not and cannot be responsible for the behaviour of Members, whether on the Direct Tutors Website or outside of it. Direct Tutors only provide a service for a Tutor and Tutee to be introduced. Direct Tutors does not pre-screen or monitor the material contributed by Members.
34. Direct Tutors is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Direct Tutors Website including loss of data or information or any kind of financial or physical loss or damage.
35. Members agree to indemnify Direct Tutors against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Direct Tutors Website.
36. Direct Tutors does not guarantee that a Tutor will be secured to meet the Tutee's needs.
37. Direct Tutors is not responsible for any grade received by a Tutee or any consequence that an examination grade entails.
38. The code, brand and intellectual property of the Direct Tutors Website cannot be reused without Direct Tutors’ consent. All copyright, trade marks, and other intellectual property rights in and relating to the Direct Tutors Website (including the material which is contributed by Members) are owned by Direct Tutors. It is prohibited to copy, distribute, show in public or create any derivative work from the Direct Tutors Website, or any of the material which is found on the Direct Tutors Website without the consent of Direct Tutors.
39. By submitting any material to the content to the Direct Tutors Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Direct Tutors a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Direct Tutors to adapt the relevant material and you waive the right to be identified as the author of the material in question.
40. The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit anything to the Direct Tutors website that:
(a) is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(e) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(f) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and,
(l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
41. Direct Tutors reserves the right to withdraw or modify aspects of the Direct Tutors Website, or the entirety of it.
42. Direct Tutors reserves the right to suspend or terminate a Member's access to the Direct Tutors Website, or parts of it. Direct Tutors reserves the right to remove, or require the Member to remove, material posted on the Direct Tutors Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Direct Tutors Website without prior written consent from Direct Tutors.
43. The open-access nature of the Direct Tutors Website means that Direct Tutors cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
44. Direct Tutors reserves the right to withdraw any material on the Direct Tutors Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Direct Tutors Website into disrepute. Direct Tutors does not generally monitor material which appears on the Direct Tutors Website and Direct Tutors is reliant upon Members to notify Direct Tutors of anything Member's see here which appears likely to breach these Terms and Conditions.
46. Direct Tutors may restrict access to the Direct Tutors Website for any period and if necessary permanently at the sole discretion of Direct Tutors. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
47. Direct Tutors may monitor postings to the Direct Tutors Website and communications through the Direct Tutors Website and have the right to delete and/or block such postings or communications at their sole discretion.
48. Direct Tutors give no guarantee that the Direct Tutors Website is free of viruses, worms or any other form of harmful components.
49. The distance data supplied on the Direct Tutors website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so Direct Tutors cannot guarantee that the data supplied on distances between postcodes is accurate.
50. Direct Tutors may contact its members by the details we have stored on their account, this could include contact via email and telephone.
51. Direct Tutors may use data for statistical analysis and may provide this to interested third parties.
54. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
55. English Law and the jurisdiction of English Courts apply to these terms.