These terms and conditions (hereinafter the - „terms and conditions “, “Agreement”) shall govern the relationship arising out of the use of the services offered by the Company. By using this website, you issue irrevocable consent to the conditions and provisions determined in these terms and conditions. We advise you to read through these terms and conditions before using services on our Website.
1. Article. Definition of terms
1.1 The terms used in this document shall have the following meaning:
· References to “you”, or “your” refer to Visitor or Registered User accessing this Website, as per the context provided in the relevant clause.
· References to “we”, “us”, “our” or “Company” refer to LLC “EDUMENTORS” (a limited liability company validly incorporated and existing under the legislation of the UK, with company number 13533363).
· References to “Website” refer to www.edumentors.co.uk as well as any mobile app/system which is owned and operated by Company.
· Visitor – shall imply any person who visits the Website without registration. Visitors can view the content of the Website and use all the features that are available for free, without a registered account.
· Tutor – is a Registered User who has registered and created an account on the Website and intends to offer its services through the Website.
· Student – is a Registered User who has registered and created an account on the Website and intends to buy services from Tutor through the Website.
· Registered User – is either a Tutor or the Student as per the definitions provided in this Agreement.
2. Article. Conclusion of the agreement
2.1 We provide services via our Website to assist Students in searching for, identifying, reviewing and receiving the services from Tutors that are listed on the Website.
2.2 By visiting our Website or registering an account on our Website, you automatically agree to these terms and conditions and therefore enter into the legally binding Service Agreement (the “Agreement”) with us.
2.3 If you do not agree to any of the provisions of these terms and conditions you should immediately stop using the Website and the services and cease access from your computer and/or any other applicable device.
2.4 We reserve the right to amend, modify, update and change any provision of the terms and conditions from time to time and we will notify you of any such amendment, modification or change by publishing on the Website. Any modified version of the terms and conditions will take effect upon its publication on the Website. Your continued use of the Website and the services after the aforementioned will be deemed to constitute your acceptance of the changes. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions and we advise you to check for updates on a regular basis.
3. Article. Use of the Website
3.1 You can use the Website and services to upload and share the content, which relates to your specific needs with regard to the transactions you wish to engage with another Registered User.
3.2 You may not use our Website of services to do or share anything:
· That breaches these terms and conditions, our content policies and standards and other terms and policies that apply to your use of this Website.
· That is unlawful, misleading, discriminatory, or fraudulent.
· That infringes or breaches someone else's rights.
3.3 You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of the Website, any of its content, or our services.
3.4 You may not access or collect data from our Website using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
3.5 We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
3.6 To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
3.7 Apart from the reasons stated above, you explicitly consent to our editing of any of your content for grammar, stylistic spelling, or similar manner without materially changing the substantive part of it. Such editing may include but not be limited to deleting repetitive words, adding an omitted letter and/or use of the punctuation marks. We reserve the right to make such amendments without consulting or informing you about them.
3.8 Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these terms and conditions.
4. Article. Eligibility to use our services
4.1 Our Service is available only to, and may only be used by, individuals or entities who can form legally binding contracts under applicable law. You, as a Visitor/Registered User represent and affirm that you have a legal capacity to accept the terms and conditions of this Agreement and that you do, and will, comply with these terms and conditions. If you do not qualify, please do not use our Website and services.
5. Article. Account registration on the Website
5.1 In order to purchase the services through the Website and execute relevant transactions, Tutor and the Student shall have a registered account on the Website through the completion of the registration form on the Website and the submission of requested information/materials as per the manner and form determined by the Company.
5.2 In order to use the services of the Website, the Registered User shall complete the registration form on the Website and send the account registration request. The Registered User shall be entitled to use the services only after the registration of the account. The Registered User shall fully complete the registration form, submit the requested information/materials and fulfil any other condition determined by the Company. The Registered User shall be responsible for the correctness of the submitted information and materials. The Company shall be entitled to change the conditions, requirements and other rules governing the account registration at any time, at its sole discretion. The Company is also entitled to determine the time for the review of the account registration request and decision taking procedure for granting or rejecting the request, as well as determining any additional conditions and requirements for the account registration.
5.3 The Company is entitled to determine different registration requirements and rules for different Registered Users (Tutors and Students). Submission of the registration form and all required information/materials, as well as the fulfilment of all preconditions and requirements by the user, shall not obligate the Company to grant the account registration request. The Company has a right to reject any account registration request and deny any person the possibility to use the Website.
6. Article. Tutor service fee and purchase of the services by the Student
6.1 Services offered by Tutor – The services offered to potential Students by the Tutor are determined by the Tutor, by providing the relevant information on the Website.
6.2 Tutor Service fee - The Tutor service fee shall be charged on a 50 minutes session rate. The per-session rate of the services is determined by the Tutor. The rate of the services determined by the Tutor and provided on the Website include all applicable taxes determined by the legislation and the Company service fee.
6.3 Service request – In order to purchase the Tutor service, the Student shall firstly send the service request to the Tutor which shall include the specific date and time of the requested services, exact number of sessions and the total service fee. The Tutor has the right to accept or reject the service request. The Tutor shall take the decision on the approval or the rejection of the services within 12 hours from the moment of receiving the request. The Tutor enjoys the full discretion and freedom to either reject or approve the request and it shall not be requested to substantiate its decision on the rejection of the request towards the Student. However, the Tutor shall provide the reason for the rejection of the request to the Company through the webpage.
6.4 Provision of services – Following the approval of the service request, the Tutor shall provide the services to the Student as per the terms of the service request.
6.5 Completion of services - Following the completion of services, the Tutor shall make the relevant notification on their profile on the Website. If Tutor fails to send the notification on the completion of services, the services will be automatically considered as completed after 24 hours from the moment when the services were supposed to be completed as per the terms of the service request.
6.6 Payment of the Tutor service fee by the Student - The total amount of the Tutor service fee will be automatically generated by the Website based on the information provided in the service request and the number of sessions and session rate of the Tutor. When Tutoraccepts the service request, individual session bookings will be automatically created by the Website. Each session fee will be charged by the Website from the bank card indicated by the Student 24 hours before the session start time.
6.7 The Company shall pay the service fee to the Tutor(after the deduction of Company service fee and, if applicable, after the deduction of bank service fees) twice a month with the following schedule: payment 1 – 18th day of the month. this payment covers the amount of all bookings completed between 1 and 15 days of the month. Payment 2 – 3rd day of the month. This payment covers the amount of all bookings completed between 16 and the last day of the month (for the previous month). The payment will be made to the UK bank account indicated by the Tutor via Stripe Express account. It might take up to 5 business days for the amount to be reflected on the Tutor’s bank account.
6.8 The Company reserves the right to change/amend the rules governing the service request, payment rules, service completion, service request approval/rejection, technical features and all other transactions/actions determined in this article.
7. Article. Fees and payments
7.1 We charge the fees in consideration for the use of our Website.
7.2 The fee for our services is variable and is based on the number of sessions booked within one booking request. The service fee is calculated from the total amount paid by the Student to the Tutor.
7.3 You authorize us to enable our third-party service providers to charge your credit/debit card for the automatic payment of our fees.
7.4 You are responsible for paying any service fees that you owe to us. The applicable service fees (including any applicable taxes) are collected by our third-party service providers.
7.5 The Company reserves the right to deduct any fine/fee/damages/ or any other payment owed by the Registered User as per this Agreement or applicable legislation from any payment received by the Tutor from the Student through the Website, irrespective of the fact whether this payment is related to the fine/fee/damages or other payable toward the Company.
8. Article. Company Liability.
8.1 In frames of our services, we only organize the platform and help the Students and Tutors to find and transact with each other through our Website. We undertake no responsibility or liability whatsoever for either the truthfulness, or for the merchantability, or for any legal or proprietary title, or for any properties of the services/listings or services thus offered and/or provided by the Tutorto Student. The Company takes no responsibility for the quality of the services provided by Tutor, non-performance of obligations by Tutoror by the Student, or breach and violation of agreement or law by either party. The Company shall intervene in the relationship between the Student and the Tutorstrictly within the frameworks determined in this Agreement and shall take no responsibility for any dispute between the Tutorand the Student. The Tutorand Student shall regulate any issue (except for the issues which are expressly regulated herein) of their relationship through their agreement and in case of dispute, they shall protect their interests by themselves and resolve their dispute as per the rules determined by the applicable legislation.
8.2 The Company may elaborate specific policies and mechanisms that will be addressed for the facilitation and encouragement of the good-faith performance of obligations by Tutors and Students towards each other, as well as for the regulation of the disputes. Nevertheless, the existence or non-existence of such policies/mechanisms shall not impact the provision of paragraph 1 of this article and shall not give rise to Company’s liability in any form whatsoever.
8.3 The services provided by the Company to Registered User shall only imply the operation of the platform enabling the Registered Users to find, connect and transact with each other. This Agreement shall not give rise to any kind of employment relationship.
9. Article. Non-circumvention policy. Liability of the Registered User
9.1 The Registered User is strictly prohibited to circumvent Company in order to transact with another Registered User they have met via our Website to book the services that are listed on our Website.
9.2 Company reserves the right to monitor all Registered Users’ activity on the Website or using the services, including, without limitation, communications by and between Student and Tutorin order to monitor compliance with the foregoing non-circumvention requirements.
9.3 If Company determines that any Registered User is in violation of this section, as well as any other term or provision of this Agreement, it reserves the right to immediately close the relevant accounts on the Website, deny any future access to the Website and remove any listings you may have on the Website. The Company is entitled to temporarily suspend the relevant accounts on the Website before removing them, as per its sole discretion. The Company also reserves the right to impose the financial penalty on the owners of the relevant accounts in the amount of 20% of the total value of bookings made during the last 3 months through the Website. The Company has full discretion to use any of the measures/legal remedies provided in this paragraph either jointly or separately and in any sequence, as it deems appropriate. The fact that the Company does not use one of these remedies does not mean that it has waived its claims/requests.
10. Article. Intellectual property rights
10.1 All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the services are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material comprised within the services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for your own personal, non-commercial use.
10.2 Under no circumstances shall the use of the services grant to you any interest in any intellectual property rights owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sublicensable license to use such intellectual property rights in connection with your personal, non-commercial use of the services pursuant to this Agreement.
10.3 No rights whatsoever are granted to use or reproduce any trademarks or logos, which appear on the Website except as specifically, permitted in accordance with the Agreement.
10.4 You must not, nor must you allow any other person to copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Agreement.
10.5 The entire contents of the Website are copyrighted by the Company and the information held is for your personal use only. Permission to view, copy, print or distribute the contents of the Website is subject to the following conditions: (i) the contents may be used for non-commercial, informational purposes only; (ii) any copy of the contents or portion thereof must include this copyright notice; (iii) any product, process or technology described on the Website may be the subject of other intellectual property rights reserved by the Company and are not licensed hereunder. The products and services mentioned may not be available in all countries. The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by The Company.
11. Article. Prohibitions
11.1 If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or fraudulent representation, or misrepresentation with regards to any service used, including but not limited to any listing or service advertised or registered for the transaction via this Website conduct otherwise in violation of this Agreement, your access to the services may be terminated immediately and/or your account blocked.
11.2 We review the use of the services in order to detect the use of Artificial Intelligence software on a daily basis and in the event that we deem it has been used, the Company reserves the right to take any action we deem appropriate, including immediately blocking access to the services and terminating such accounts.
11.3 You undertake that:
· You will not “stalk,” threaten, or otherwise harass another person.
· You will not access or use the Website to collect any market research for a competing business.
· You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
· You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website.
· You will let us know about inappropriate Registered Users’ content of which you become aware.
11.4 We have the right, but not the obligation, to review and reject or remove any listing or other Registered User content that, in our sole discretion, violates these terms of the Agreement in any respect. We also reserve the right, in our sole and absolute discretion, to deny you access to the Website, or to any portion of the Website, without notice.
12. Article. External sites; third-party vendors
12.1 The Website may contain links to third-party websites, including, without limitation, websites maintained or owned by other Registered Users or the websites of third-party vendors that may provide services complementary to our services. These links are provided solely as a convenience to you and not as an endorsement by us of such external sites.
12.2 The external sites are developed and provided by others, and you should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or any content located on such external sites. We are not responsible for the content of any linked external sites or the third-party vendors highlighted on such external sites, and we do not make any representations regarding the content or accuracy of materials on such external sites or any such third-party vendors. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked external sites, you do so at your own risk.
13. Article. Tutor obligations and liabilities
13.1 Warranties - Tutor hereby represents and warrants that any and all information in any registration questionnaire is truthful and accurate, and it has the full right, power, and authority to offer its services through Website and to collect money in connection with the sale of its services through Website.
13.2 Tutor is solely responsible for obtaining any and all permits and/or approvals necessary to provide the service. The tutor is solely responsible for paying all applicable taxes, levies, or fees with respect to the services. The company reserves the right at any time to refuse to list a service or cancel the listing of a service or to remove a service listing for any reason whatsoever. Tutor agrees that there shall be no recourse against the Company for exercising its right to refuse a listing, or for removing the listing of service from the Website.
13.3 There is no employment or freelance service relationship between a Tutor and the Company.
13.4 Tutors are not instructed by the Company and they act independently when providing Services.
13.5 Tutors are not authorised to represent the Company in any transactions.
14. Article. Cancellation of the approved service request
14.1 Cancellation of the approved service request by Tutor - Tutor must submit all cancellations to the Website administration. Cancellation of an approved service request is not effective unless and until Tutor has requested the cancellation through the Website. In case where the Tutor cancels the approved service request, the Company will refund the 100% service fee to the Student within 5 business days, while Tutor shall be responsible to pay to the Company its service fee on the cancelled request and the financial penalty in the amount determined under this Agreement.
14.2 The cancellation of the approved service request by the Student - The Student must submit all cancellations to the Website administration. In case the Student cancels the request less than 10 hours earlier to the commencement of services, the Student shall be liable for the payment of the 50% of total Tutor service fee and the full amount of Company service fee. The Student shall have no right to cancel the service request after the commencement of the services.
14.3 In the case where any Registered User cancels the service request due to which, another Registered User incurs any damages, they shall resolve all disputes/misunderstandings related to the reimbursement of damages and performance of other liabilities by themselves. The Company shall take no responsibility to be involved in any such dispute. All such cases must be governed by article 8 of this Agreement.
15. Article. Termination
15.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
16. Article. Governing law and disputes
16.1 The Agreement and any action related thereto will be governed by the UK law without regard to its conflict of law provisions.
16.2 The UK law governs this Agreement regardless of whether you reside or transact business with us in the UK or elsewhere, and you agree that the UK Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this Website and this Agreement.
16.3 This Website is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this Website or such distribution or use would be contrary to local law or regulation. If you choose to access information on this Website, it is your responsibility to comply with the applicable local, national or international laws and any use of this Website in such jurisdictions are entirely at your own risk. For guidance relating to your specific situation, please contact your legal adviser.
17. Article. Final provisions
17.1 No waiver by us of any terms of the User Agreement shall be interpreted as a waiver of any preceding or succeeding breach of any terms of the User Agreement.
17.2 Unless otherwise expressly stated, nothing in the User Agreement shall create or confer any rights or any other benefits to third parties.
17.3 Invalidity - If any provision of this Agreement is, or is held to be, invalid or unenforceable then, so far as it is invalid or unenforceable, it has no effect and is deemed not to be included in this Agreement provided that this shall not invalidate any of the remaining provisions of this Agreement and the parties shall use all reasonable endeavours to replace the invalid or unenforceable provision by a valid provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
17.4 Pursuant to state and/or applicable jurisdiction, you may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to you. By using the services, you agree to fully comply with all applicable tax laws and hereby release the Company from any liability associated with your compliance.
17.5 Amendments - Company shall enjoy the right to amend these terms and conditions and/or set forth additional conditions at any time and without prior notice.
17.6 Assignment - The Registered User is not entitled to assign or transfer any part of its rights and obligations under this Agreement, and/or any other document in relation to this Agreement without the prior written consent of the Company.
17.7 Communication – any correspondence related to this Agreement shall be considered to be duly sent if the Registered User is sending such correspondence to the e-mail: info@edumentors.co.uk from the e-mail which was indicated by the Registered User upon the registration of his/her account. For the purposes of communicating with the Registered User, the Company is entitled to use the e-mail, phone or other contact details indicated by the Registered User.