Terms and Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and TutorTube Ltd (“TutorTube”, “Us”, “We”) the owner of this Website. Your agreement to comply with and be bound by these terms and conditions, and all Policies published on this website (including, but not limited to, the Privacy, Delivery, Acceptable Use, Refund & Cancellation policies) is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

This agreement forms the Terms and Conditions between TutorTube and Tutor.

For the relationship between Tutor and Student/Parent, this agreement forms the supplemental Terms and Conditions, additional to those set separately by the Tutor.

The supplier name is clearly stated on each invoice. The tutor separately defines their own service level agreements and refund policy.

Payment authorisation. When a student pays, the payment is authorised, via PayPal, direct to the tutor. When a tutor pays direct to TutorTube for extra servces (Tutor Fee, extra bandwidth etc), the payment is authorised via PayPal, direct to TutorTube.

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Account”
means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Free Content”
means any Content that is accessible without the payment of a Subscription Fee;

“Learning Establishment”
means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

“TutorTube.com”
means TutorTube Ltd, 7-10 Chandos St, London, W1G 9DQ;

“Paid Content”
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;

“Service”
means collectively any online facilities, tools, services or information that TutorTube.com makes available through the Website either now or in the future;

“Subscription Fee”
means the sum of money paid by Users (Tutor or Student) at Subscription Period intervals to keep their Account active and to enable them to access Paid Content;

“Subscription Period”
means the period for which a subscription has been purchased and may refer to weekly, monthly, half-termly, termly, annually or other intervals (as defined by the Tutor) accordingly;

“System”
means any online communications infrastructure that TutorTube makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”
means any third party that accesses the Website and is not employed by TutorTube and acting in the course of their employment; and

“Website”
means the website that you are currently using (www.TutorTube.com) and any sub-domains of this site (e.g. subdomain.TutorTube.com) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 6 (“Third Party Intellectual Property”) of these Terms and Conditions, all Content included on the Website, 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 of TutorTube, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply. If the content is available only by logging in, you may not copy it.

3. Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by TutorTube. Specifically you agree that:

3.1 You will not use the Free Content of the Website for commercial purposes unless given express written permission to do so by TutorTube.

3.2 You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by TutorTube.

4. Use of Paid Content
4.1 Payment of a Subscription Fee grants you a licence to view and use all Paid Content on the Website for the duration of your subscription. You may use such Content in the following ways:

4.1.1 for personal and/or educational purposes; or

4.2 Commercial use (ie resale) of Paid Content is not permitted under the terms of a normal subscription, other than via our affiliate system. Please contact TutorTube for details of commercial level subscriptions and the accompanying Terms and Conditions. Tutors may use TutorTube to derive commercial gain via student fees, paid via the TutorTube/TutorPay payment system.

4.3 Employees of Learning Establishments are permitted to use Paid Content for teaching purposes under the terms of a normal subscription.

4.4 Under such a licence, you agree that:
4.4.1 you will not use the Paid Content of the Website for commercial purposes (ie reselling) unless given express written permission to do so by TutorTube. As an affiliate of TutorTube.com you automatically are authorised to commercially benefit from directing visitors to TutorTube.com via your affiliate tracking URL. It is only by sending visitors to TutorTube.com that you are authorised to commercially benefit from the Paid Content;

4.4.2 you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by TutorTube; and

4.4.3 you will not allow your Paid Content account and/or login access details (eg username and password) to be used by any other person other than yourself and direct employees of your business.

4.4.4 You are not allowed to use, or allow to be used, your Paid Content account for the purposes of enabling or allowing people outside of your business to view or use the Paid Content.

4.4.5 Breaches of this agreement will be pursued to the full extent of the law, including damages and compensation.

5. Domain Mapping
Tutors may make use of our Domain Mapping service, whereby a tutor owns a separate website domain for example tutor17.com and this domain is mapped onto this tutor’s TutorTube account and website. This enables the domain, when visited from a web browser, to show all content from this TutorTube account. Where domain mapping occurs, the domain is subject to these same Terms & Conditions outlined herein.

6. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of TutorTube or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so to the home page of the site www.TutorTube.com and also deep linking to the Free Content (i.e. links to specific pages within the site) without prior permission, if and only if the page in question is available publicly without a login access.

9. Use of Communications Facilities

9.1 When given using the Website and / or any other communication system on the Website you should do so in accordance with the following rules:

9.1.1 you must not use obscene or vulgar language;

9.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 you must not submit Content that is intended to promote or incite violence;

9.1.4 you must not submit Content that is intended to promote any other business other than TutorTube.com or your tutor business;

9.1.5 it is advised that posts on message boards, chat facilities or similar and communications with TutorTube are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.1.6 you must not post links to other Websites containing any of the above types of Content;

9.1.7 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.8 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

9.1.9 you must not impersonate other people, particularly employees and representatives of TutorTube or our affiliates; and

9.1.10 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;

9.2 You acknowledge that TutorTube reserves the right to monitor any and all communications made to us or using our System.

9.3 You acknowledge that TutorTube may retain copies of any and all communications made to us or using our System.

9.4 You acknowledge that any information you send to us through our System or post via the Website may be modified by us in any way and you hereby waive your moral or financial right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to access Paid Content on this Website and to use the facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:

10.1.1 all information you submit is accurate and truthful; and

10.1.2 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2 Sharing of accounts is not permitted unless expressly authorised in writing by TutorTube. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 When choosing your username you are required to adhere to the terms set out above in Clause 9 (‘Use of Communication Facilities’). Any failure to do so could result in the suspension and/or deletion of your Account.

10.4 PayPal may instigate a reserve account system whereby a defined percentage of money is held back for a defined period of time, in order to cover the costs of projected chargebacks, fraud and refunds. After this period the moneys are released as normal. TutorTube does not control such Reserve Account regulation rules and must simply abide by such rules. For instance (but not exhaustively), PayPal may instruct that 10% of each transaction is to be held in reserve for 90 days. The 90% not in reserve is processed as normal and the 10% reserve is released after 90 days and processed as normal. After a full 90 day period of working with TutorTube in this way, you will receive a ‘full normal income’ because you would receive 90% of this month’s income, plus the 10% reserve amount form 90 days previous.
From PayPals Terms: “Reserves. PayPal, in its sole discretion, may place a Reserve on funds held in your PayPal Account when PayPal believes there may be a high level of risk associated with your Account. If PayPal places a Reserve on funds in your PayPal Account, they will be shown as “pending” in your PayPal Balance. If your PayPal Account is subject to a Reserve, PayPal will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your PayPal Account are held for a certain period of time, or that a certain amount of money is held in reserve. PayPal may change the terms of the Reserve at any time by providing you with notice of the new terms.”

10.5 You agree to abide by PayPals terms, including the chargebacks and refunds rules, for example as outlined at https://www.paypal.com/uk/webapps/mpp/chargebacks

11. Subscriptions

11.1 Subscription charges commence on the date that you activate your subscription. Your credit / debit card will be billed on activation as published and at the agreed time periods thereafter.

11.2 Your first payment will be at the price advertised on the Website. TutorTube reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:

11.2.1 changes in price may not be reflected in your subscription on the date of the immediately subsequent renewal; and

11.3 If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.

11.4 If you have subscribed in error you must inform TutorTube within 24 hours of subscribing and must not use the Website or its Content during that time. If content has been excessively consumed, as at TutorTube’s sole discretion, no refund will be provided. See refund policy for refund details.

11.5 TutorTube has the right to charge a small administration fee to students on each transaction where applicable. Students are notified of the exact amount and charges before the payment by proforma invoice.

12. Termination

12.1 Either TutorTube or you may terminate your account and (where relevant) your subscription. If TutorTube terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2 If TutorTube terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.

12.3 If TutorTube terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period, minus any outstanding charges or fees.

12.4 If TutorTube terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.

12.5 If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 11.3.

13. Privacy

13.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link below.

13.2 The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to TutorTube to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie Name of Provider 1st / 3rd Party Purpose
_utma Tutor Tube 1st Login tracking
_utmc Tutor Tube 1st Login tracking
_utmz Tutor Tube 1st Login tracking
noaffiliate_fbc Tutor Tube 1st Affiliate tracking
wordpress_test_cookie Tutor Tube 1st Login tracking
PHPSESSIONID Tutor Tube 1st Session flow
_ga Tutor Tube 1st Login tracking
_gat Tutor Tube 1st Login tracking
bp-activity-oldestpage Tutor Tube 1st Process sequence
pid Twitter.com 3rd Social Share
NID Google.com 3rd Social Share
bcookie Linkedin.com 3rd Social Share
lidc Linkedin.com 3rd Social Share
L1e www.Linkedin.com 3rd Social Share
bscookie www.Linkedin.com 3rd Social Share

 
13.3 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu – note you will likely be unable to login and view Paid content should you do this.

14. Disclaimers

14.1 TutorTube makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

14.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, TutorTube makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

14.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

14.4 The information on this Website is not designed with commercial purposes in mind. TutorTube makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

14.5 Whilst every effort has been made to ensure that all descriptions of services available from TutorTube correspond to the actual services available, TutorTube is not responsible for any variations from these descriptions.

14.6 Whilst TutorTube uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

15. Availability of the Website and Modifications

15.1 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.

15.2 TutorTube 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.

15.3 TutorTube reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15.4 TutorTube may from time to time use YouTube.com to host some of the ‘private’ videos. These are housed on youtube.com using their ‘unlisted’ or ‘private’ status. Private status requires a password before accessing the video. ‘Unlisted’ status requires a normally secret link URL (web address) to access the video. This link and video are not to be found by search on youtube.com and is only accessible by knowing the link URL, similar to the function of an unlisted telephone number. This unlisted link is used only from TutorTube.com. Where unlisted status is used, TutorTube gives no guarantees of the future privacy of that normally secret link URL. This link is not visible from TutorTube and the link should never be promoted or made public by any user.

16. Limitation of Liability

16.1 TutorTube’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, TutorTube accepts no liability. Users should be aware that they use the Website and its Content and students at their own risk.

16.2 TutorTube accepts no liability for the tutors or students. You need to undergo your own due diligence and accept responsibility for your choice of tutor or student.

16.3 Nothing in these terms and conditions excludes or restricts TutorTube’s liability for death or personal injury resulting from any negligence or fraud on the part of TutorTube.

16.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16.5 TutorTube is not liable for any delay in charging changes due to PayPal. TutorTube, at its best endeavours, shall change transaction charges to the tutor as soon as possible, where such changes come into effect.

17. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and TutorTube.

20. Communications

20.1 All notices / communications shall be given to us either by post to our Premises (see address on Contact page) or by email to support@TutorTube.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20.2 TutorTube may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

21. Law and Jurisdiction

These terms and conditions and the relationship between you and TutorTube shall be governed by and construed in accordance with the Law of England and Wales and TutorTube and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.