Terms and Conditions

Last Updated: 01/01/2024. Effective from 01/01/2024.
Definitions
  • “Booking” means the booking attached to an individual Lesson on the Website.
  • "Complaint" means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a tutor introduced by Actual Tuition, or, that there was a Missed Lesson.
  • "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.
  • "Failed Payment" means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Actual Tuition, has been unable to make a successful charge against the payment details provided by the Student.
  • "Trial Lesson" means, unless otherwise specified, the first one-to-one tuition lesson between a Student and a Tutor for a particular subject.
  • "Lesson" means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor.
  • "Lesson Link" means, unless otherwise specified, the meeting link to the Online Classroom for one-to-one tuition lessons between a Student and a Tutor.
  • "Lesson Title" means, unless otherwise specified, a short summary phrase used to indicate the main topics that were covered in the Online Lesson.
  • "Lesson Notes" means, unless otherwise specified, the relevant whiteboards or lesson notes created during the one-to-one Lesson between a Student and a Tutor.
  • "Lesson Fee" means the combination of the Tutor Rate and the Platform Fee.
  • "Missed Lesson" means a claim by a Student that they have not received a Lesson with a Booking on the Website.
  • "Online Classroom" means the Tutor’s own online lesson space which is made available to Users at the time of booked Online Lessons.
  • "Online Lesson" means a one-to-one tuition lesson between a Student and a Tutor delivered through the Tutor’s Online Classroom.
  • "Completed Lesson" means a delivered one-to-one Online Lesson between a Student and a Tutor, where the Tutor has uploaded a relevant Lesson Title and all Lesson Notes.
  • "Platform Fee" means the fee charged by Actual Tuition to Students for the provision of Actual Tuition’s services.
  • "Review" means any review, comment or rating.
  • "Stripe Terms" means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.
  • "Student" means a User who has registered a student account on the Website. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or guardian.
  • "Tutor" means a User who has registered a tutor account on the Website.
  • "Tutor Rate" means that part of the Lesson Fee which is collected by Actual Tuition as agent for the Tutor.
  • "Actual Tuition" means the Sole Proprietorship Actual Tuition run by Hemang Ramlaul.
  • "User" means a person who uses our Website (whether or not they have registered an account with us).
  • "Website" means the website on the domain https://actualtuition.co.uk/ and https://app.actualtuition.co.uk.
  1. Introduction
    1. These terms and conditions apply to all Users, Students and Tutors, unless they specifically state otherwise. These terms and conditions replace any previous versions of them.
    2. A User may register on the Website as a Student or as a Tutor. A User may use the Website without registering, but if a User does register, certain information will be stored, making future visits to the Website easier.
    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. (Please print or save these terms for future use as Actual Tuition will not keep a file copy specifically for the User and Actual Tuition cannot guarantee that they will remain accessible on the Website in future.) If a User does not wish to be bound by these terms, they should not use the Website.
    4. The definitions that will be used throughout our terms and conditions can be at the beginning of the Terms & Conditions.
  2. Actual Tuition Rights & Responsibilities
    This section sets out what Actual Tuition promises to do:
    1. To match Tutors and Students together, by allocating Students to registered Tutors on the Website, and allowing Students to book and pay for one-to-one Online Lessons.
    2. To maintain a functioning Website with a lesson booking and management platform, wherever possible. Actual Tuition 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.
    3. To communicate any planned maintenance of the Website or downtime.
    4. To use reasonable endeavours to keep the Website free from viruses and worms.
    5. To use reasonable endeavours to check the identity of all Tutors and the background checks of Tutors who have a Basic or Enhanced DBS Check.
    6. To decide when a Tutor’s profile is sufficiently complete to be set live on the Website and be accessible by other Users.
    7. To communicate new Bookings, edited Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Website and by email.
    8. To endeavour to ensure that each Student’s payment of Lesson Fees and the payment of each Tutor’s Tutor Rates are processed promptly and usually within 9 days of a Lesson, when there is no Complaint or Failed Payment.
    9. To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
    10. To endeavour to ensure that refunds to Students are made promptly in accordance with these terms and conditions.
    11. To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
    12. To take precautions Actual Tuition considers appropriate to protect Students' and Tutors' information.
  3. User Responsibilities – this applies to Students, Tutors and anyone else who uses the Website
    1. Users are responsible for their own security in conjunction with the services through the Website, both online and offline.
    2. Users are solely responsible for the material they post on the Website, including lesson titles, lesson notes, and they must not post defamatory, offensive or illegal material.
    3. Users must immediately report to Actual Tuition any defamatory, offensive or illegal material they view on the Website.
    4. Users must exercise their own judgement regarding the accuracy of information provided on the Website. Actual Tuition cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.
    5. Users must contact Actual Tuition 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 Actual Tuition that they believe their password has been compromised.
    6. The User agrees to not share their login details with any other user. This would be a violation of these terms and conditions which will lead to immediate cancellation.
    7. The User agrees to keep their account with Actual Tuition up to date as far as regards payments, contact details, lesson times and bookings, etc.
    8. Users must not use the Website with the intention of engaging directly with other Users outside of the Actual Tuition environment. Users must not promote opportunities or services of any company other than Actual Tuition on the Website.
    9. Users agree to abide by the Privacy Policy provided through the Website.
    10. Any User who fails, in Actual Tuition’s opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. Actual Tuition reserves the right to cancel any existing bookings in such circumstances.
  4. Student Responsibilities
    1. Actual Tuition is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
    2. Students must be at least 18 years old to book a Tutor for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via Actual Tuition. Actual Tuition is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
    3. Students must ensure that all of their personal details and contact information are accurate and up-to-date. Actual Tuition will contact Students by email and if provided, their contact number.
    4. When a Trial Lesson Booking is made more than 48 hours in advance of the start time of the Trial Lesson, Students have up to 24 hours before their Trial Lesson with the new Tutor is due to commence to confirm the Booking. When a Trial Lesson Booking is made within 48 hours of the start time of the Trial Lesson, Students have up to 12 hours before their Trial Lesson with the new Tutor is due to commence to confirm the Booking.
    5. To confirm a Booking for their Trial Lesson with a Tutor, the Student must enter, or have entered, valid payment details on the Website.
    6. By confirming their Booking for their Trial Lesson with a Tutor, the Student authorises the Tutor to make further Bookings on their behalf and authorises Actual Tuition to take payment of its Platform Fee and to take, as agent for the Tutor, payment of the Tutor Rate for each Lesson (which combine to form the total Lesson Fee), in accordance with these terms and conditions. Further Bookings made by a Tutor on behalf of a Student after the first Lesson will, therefore, be confirmed automatically.
    7. When a Booking is confirmed, the Student enters into a direct contract with the Tutor for the provision of Lessons and Actual Tuition accepts no liability in relation to the Tutor’s provision of lessons.
    8. When a confirmed Booking exists, the Student must ensure that they have a valid debit/credit card registered on the Website, with sufficient funds to cover the Booking.
    9. Students agree not to circumvent or disintermediate, or attempt to circumvent or disintermediate, Actual Tuition in any way at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within eight months of the date of the most recent Booking with the relevant Tutor.
    10. Students must use their own judgement about the services of Tutors detailed on the Website. Although Actual Tuition undertakes certain checks to assess the suitability of each Tutor prior to setting their profile live on the Website, Students are responsible for checking the credentials, expertise and qualifications of any Tutor with whom they confirm a Booking.
    11. Students are responsible for checking that Bookings made by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email and through the Website only.
    12. Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Actual Tuition failing to provide the services outlined in section 2 of these terms and conditions.
    13. Any Student who fails, in Actual Tuition's reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website and any related services. Actual Tuition reserves the right to cancel any existing Bookings in such circumstances.
    14. Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than 24 hours' notice.
    15. Nothing in these terms and conditions affects a Student's statutory rights.
    16. Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
    17. Subject to paying for any Bookings used, a Student may cease to use the Actual Tuition service at any time.
    18. Students agree to not use any means to record lessons separately to Actual Tuition. This includes storing or sharing them.
  5. Tutor Status and Responsibilities
    1. Tutors are not employees of Actual Tuition and are solely responsible for their own actions both on and off the Website.
    2. Tutors must be at least 18 years old.
    3. Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.
    4. If Tutors contact Students who are under 18, they must ensure that these Students are represented by a parent or legal guardian who gives consent for the Student to receive tuition.
    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.
    6. Tutors must disclose any criminal convictions or cautions they may have to Actual Tuition, 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.
    7. Any Tutor who, in Actual Tuition's opinion, fails to comply with these terms and conditions may be immediately barred from using the Website and related services. Actual Tuition reserves the right to cancel any existing Bookings at any time in such circumstances.
    8. Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
    9. Tutors should make Bookings for Lessons and respond to messages received from Actual Tuition and Users promptly.
    10. For any meetings (including Trial Lessons or Lessons) with a Student found via Actual Tuition's Website, Tutors must make a Booking to account for this time using the Website. Tutors agree not to solicit Students or disintermediate Actual Tuition, or attempt to solicit Students or disintermediate Actual Tuition, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within eight months of the date of the most recent Booking with the relevant Student.
    11. Tutors must only make Bookings for Lessons in accordance with the instructions of their Students. If Tutors make Bookings for additional Lessons which they fail to deliver, they will be liable to refund to the Student directly any Tutor Rate they have received for any such Bookings.
    12. Tutors must promptly, upon receiving the Trial Lesson Booking Confirmation, upload a Lesson Link via the Website for the respective Lesson.
    13. Tutors must attempt to call the student, be able to provide evidence of the call and allow at least 15 minutes from the scheduled start time of a Lesson for Students to attend the Lesson. If Tutors fail to do so, they will be liable to refund to the Student any Tutor Rate they have received for the relevant booking.
    14. Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
    15. Tutors must upload a Title and all Lesson Notes for each Lesson in order to register the Lesson as a Completed Lesson.
    16. Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons can be evidenced should Actual Tuition require.
    17. Tutors shall indemnify Actual Tuition for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.
    18. Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. Tutors will be liable to refund any 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 the Online Classroom arises as a result of Actual Tuition failing to provide the services outlined in section 2 of these terms and conditions.
    19. Tutors are responsible for ensuring that they are ready to teach at the agreed time as booked on the Website. Tutors who are late for a Lesson must provide evidence that they contacted the Student directly to make them aware of their lateness and that the Student was happy to take the Lesson at a later time. Any Tutors who fail to do so will be liable to refund to the Student any Tutor Rate they have received for the relevant booking.
    20. Users acknowledge that all lessons participated in may be recorded and agree to the storage and use of such recordings by Actual Tuition.
    21. Tutors acknowledge and agree to recordings being shared with students.
  6. Payment
    1. The Lesson Fee payable by a Student for a Lesson will be displayed on the Website at the time of confirming a Booking. The Lesson Fee will also be displayed on the Student’s dashboard on the Website, in Upcoming Lesson reminder emails and, following Lessons, in emails confirming receipt of payment.
    2. A Lesson Fee is the combination of the Tutor Rate and Actual Tuition’s Platform Fee, which will be collected by Stripe on behalf of Actual Tuition. All fees include any applicable VAT or other sales tax.
    3. The Platform Fee is payable by the Student in exchange for the provision of the services listed in section 2 of these terms and conditions. The Platform Fee will be determined by subtracting the Lesson Fee and Tutor Rate.
    4. The Student authorises Actual Tuition to instruct Stripe to charge their credit/debit card in advance of the scheduled start time of each Lesson for the Lesson Fee attached to the relevant Booking.
    5. If any Student cancels a Booking less than 24 hours before the relevant Lesson is due to commence, payment may be taken less than 24 hours after the Lesson is due to start.
    6. If any Student makes a Complaint (claiming for a Missed Lesson or raising a refund request), charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with these terms and conditions.
    7. For the first Trial Lesson of any Subject, the Student will be charged a discounted Lesson Fee. If the Student is unhappy with the Trial Lesson provided, the Student is eligible for a second Trial Lesson which will be free of charge, at the discretion of Actual Tuition. Tutors do not get paid for Trial Lessons, though Actual Tuition as a gesture of goodwill, may subsidise the Tutor Rate at their discretion.
    8. For Online Lessons, Students will be charged the full Lesson Fee, provided the Tutor attended the Online Classroom for at least 15 minutes from the Lesson’s scheduled start time. No charge will be made to the Student if a Tutor does not attend for at least the first 15 minutes of a Lesson and, therefore, give the Student sufficient opportunity to attend.
    9. If a Lesson does not take place because a Student does not attend, the Student will be charged the full Lesson Fee.
    10. Payment processing services on Actual Tuition's Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as a Tutor on Actual Tuition's Website, the Tutor agrees to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Tutor agrees to provide Actual Tuition with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises Actual Tuition to share with Stripe such information and transaction information related to Tutor's use of the payment processing services provided by Stripe.
    11. Tutors acknowledge that payment is made in accordance to their Completed Lessons only, which is fully accessible via the Website.
    12. Actual Tuition normally transfers a Tutor's Tutor Rate from the Actual Tuition Stripe account to the Tutor's nominated account within 9 days following a Lesson, provided the relevant ID has been provided and passes Stripe’s verification process.
    13. Tutor’s earnings may be held in Escrow until Stripe’s verification requirement is completed.
  7. Cancellations
    1. A Student may cancel a Booking at any point before the scheduled start time of a Lesson.
    2. A Student 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 result in charges still being made to a Student’s account.
    3. Cancellations made 24 or more hours before a Lesson is due to commence will incur no charge.
    4. When a Booking is cancelled by a Student less than 24 hours before a Lesson is due to commence, Actual Tuition leaves it to the Tutor's discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student the full Lesson Fee, as displayed at the time of confirming their Booking. Unless instructed otherwise by the Tutor, Actual Tuition will, as the Tutor’s agent, automatically instruct Stripe to charge the Student the full amount of the Lesson Fee and payment will be processed in accordance with these terms and conditions.
    5. Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly and cancel the Booking on the Website.
    6. Bookings cannot be cancelled after the Lesson has started. Lessons which are not cancelled by the Student before the start time but are not attended by the Student will be charged at their full price. If there are extenuating circumstances surrounding the Lesson cancellation then a full refund may be made at the discretion of the Tutor and Actual Tuition.
  8. Missed Lessons and Complaints
    1. As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student 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 Student feels that the service provided by a Tutor falls below the standards they reasonably expected).
    2. A Student should inform Actual Tuition of a Complaint by email within 48 hours after the scheduled finish time of the relevant Lesson.
    3. When a complaint has been received from a student, Actual Tuition will contact the Tutor within 48 hours of the complaint being received, by email and message to inform the Tutor that a complaint has been raised.
    4. Should a Student inform Actual Tuition of a complaint within 48 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Actual Tuition of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint within 48 hours of being notified of the complaint, Actual Tuition, as the agent of the Tutor, will instruct Stripe to process a full refund to the Student of both the Tutor Rate and Platform Fee. Actual Tuition will promptly inform the Student of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.
    5. Should a Student inform Actual Tuition of a complaint more than 48 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Actual Tuition by message or email of their desire to uphold the complaint (and authorise Actual Tuition on the Tutor’s behalf to award the associated refund of the Lesson Fee). Should Tutors not contact Actual Tuition within 48 hours to uphold the complaint, Actual Tuition, as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their complaint and reject the associated refund request.
    6. Should the Student and Tutor not reach an amicable agreement regarding a complaint, the Student is entitled to make a claim against the Tutor in relation to the complaint. Actual Tuition accepts no liability in relation to complaints and the services provided by a Tutor.
    7. Should Actual Tuition find that a Missed Lesson occurred due to any failure of Actual Tuition to meet the terms set out in section 2 of these terms and conditions, Actual Tuition will refund the Student any Platform Fee paid.
    8. Actual Tuition reserves the right to offer any Student, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at Actual Tuition’s discretion.
  9. 100% Satisfaction Guarantee
    1. To reflect Actual Tuition’s confidence in the matching service provided, Actual Tuition will, as a gesture of goodwill, pay for a second Trial Lesson of a Student who was dissatisfied with the first Trial Lesson.
    2. To qualify for this satisfaction guarantee, the Student must notify Actual Tuition that they are unhappy with their first Trial Lesson for which there is a Booking on the Website by email or message within 48 hours of the Lesson’s scheduled finish time, giving their reasons for their dissatisfaction.
    3. Actual Tuition reserves the right to determine whether a valid claim of dissatisfaction stands.
    4. Actual Tuition will only offer the 100% satisfaction guarantee if the second Trial Lesson is completed within 1 month of the first Trial Lesson.
    5. The satisfaction guarantee is limited to one claim per Student.
    6. Where a Student is noted as eligible for the 100% satisfaction guarantee or a goodwill payment is made, Actual Tuition will, as agent for the respective Tutors, ensure that Tutor Rates for the first Trial Lesson and second Trial Lesson are correctly paid for.
    7. Actual Tuition reserves the right not to make the goodwill payment if the Student has failed to comply with any of these terms and conditions.
  10. Student Referrals and Free Lessons
    1. Referrers must be existing Actual Tuition Students. Referees must not have already registered with Actual Tuition.
    2. Upon the referee confirming a Trial Lesson Booking, the referrer will be granted a 1-hour Lesson free of charge for every confirmed Trial Lesson.
    3. In the event of a referee confirming but not attending their lesson, the referrer will not be granted a 1-hour Lesson free of charge.
    4. The referrer will receive the 1-hour Lesson free of charge in place of the next confirmed Booking or at the referrer’s discretion.
    5. Referrers and referees are responsible for any tax implications that may arise from receiving credit.
    6. Actual Tuition reserves the right to suspend referees or referrer if we feel the referral methods are inappropriate.
    7. The 1-hour Lesson free of charge cannot be exchanged for cash or cash equivalents.
    8. Any 1-hour Lesson free of charge will be valid for 3 months. If any free of charge 1-hour Lessons are unused for the referrer after this period it will expire.
    9. Actual Tuition reserves the right to cancel any credit awarded in the event of suspicious activity of either the referee or referee.
    10. Actual Tuition’s decision around whether a referee or referrer is entitled to a 1-hour Lesson free of charge is final and binding.
    11. Actual Tuition reserves the right to change the terms and conditions regarding the rewarding of free of charge 1-hour Lesson or suspend the referral program at any time for any reason.
  11. Failed Payments
    1. In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Lesson, the Student authorises Actual Tuition to automatically instruct Stripe to retry the charge.
    2. The Student can also give Actual Tuition consent by email or message to instruct Stripe to retry payments for any outstanding Failed Payment.
    3. As the agent of the Tutor, Actual Tuition reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Student who has an outstanding Failed Payment (including for a Student who has an outstanding Failed Payment for a Booking with another Tutor)
    4. In the case of a Failed Payment, Actual Tuition will cancel all of the Student's further Bookings and inform the Tutor by email that Stripe has been unable to collect payment on their behalf. The Tutor must not make any further Bookings for Lessons with the Student until the Failed Payment has been settled by Stripe making a successful charge for the full Lesson Fee.
    5. As the agent of the Tutor, Actual Tuition may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, message and/or phone.
    6. The Student accepts that Actual Tuition reserves the right to pass bad debts for Actual Tuition’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected.
    7. The Student accepts that Actual Tuition reserves the right to stop future Bookings until all outstanding Lesson Fees have been paid successfully.
    8. Actual Tuition will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.
    9. Actual Tuition without obligation, reserves the right to pay the Tutor, as a gesture of goodwill, an amount equal to the Tutor Rate for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Actual Tuition.
  12. Child Protection
    1. Actual Tuition seeks to provide the best service possible and provide a safe experience in which children can learn.
    2. Any User who is the parent of a child under the age of 18 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.
    3. 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 the provided link.
    4. If any User has a concern regarding child protection, they should contact Actual Tuition immediately.
    5. Actual Tuition's designated Child Protection Officer is Hemang Ramlaul.
  13. Disclaimers and Limitation of Liability
    1. Actual Tuition makes no warranties or representations, whether express or implied, in relation to the services provided by Actual Tuition, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
    2. Actual Tuition makes no warranty that the service provided by Actual Tuition will meet your requirements or will be uninterrupted, timely, secure or error-free.
    3. Actual Tuition makes no warranty as to the results that may be obtained, or the accuracy or reliability of any information obtained through Actual Tuition.
    4. The User acknowledges that the use of Actual Tuition is at their sole risk and agree not to hold Actual Tuition liable for any loss or damage incurred as a result.
    5. Actual Tuition accept no responsibility for any grade received by a Student or any consequence that examination grades entail.
    6. Actual Tuition make no warranty as to the accuracy of the solutions and the methods used in any of our worked solutions.
    7. No advice or information, written or oral, obtained by the User from Actual Tuition shall create or be deemed to create any warranty not expressly made herein.
    8. Nothing in these terms and conditions in any way limits or excludes Actual Tuition's liability for its negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
    9. All Users must give Actual Tuition a reasonable opportunity to remedy any matter for which Actual Tuition is potentially liable before incurring any costs remedying the matter themselves.
    10. Actual Tuition shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:
    11. there is no breach of a legal duty of care owed by Actual Tuition or by any of its employees or agents;
    12. such loss or damage was not reasonably foreseeable by both parties; or
    13. such loss or damage is caused by the User, for example by not complying with these terms and conditions.
    14. To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage Actual Tuition suffers arising from the User's breach of these terms and conditions or misuse of the Website (subject of course to Actual Tuition's obligation to mitigate any losses).
    15. The following sections apply only if the User is not a consumer:
    16. To the extent allowed by law, the User and Actual Tuition exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this section, any reference to Actual Tuition includes its employees and agents.

      Actual Tuition'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 Actual Tuition's negligence) will Actual Tuition be liable for any:

    17. economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
    18. loss of goodwill or reputation;
    19. special, indirect or consequential losses; or
    20. damage to or loss of data (even if Actual Tuition has been advised of the possibility of such losses).

      the User will indemnify Actual Tuition 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.

  14. Intellectual Property
    1. When submitting material to Actual Tuition, Students and Tutors also grant to Actual Tuition a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
    2. You are responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use via the website or the Service.
    3. You agree to not use the service to email or upload any content that:
    4. infringes any copyright, intellectual property or other proprietary rights of any party
    5. you do not have a right to upload under any law or under contractual or fiduciary relationships
    6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    7. poses or creates a privacy or security risk to any person
    8. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
    9. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable
    10. in the sole judgment of Actual Tuition, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Actual Tuition or its users to any harm or liability of any type
    11. Actual Tuition reserves the right to investigate and take appropriate legal action against anyone who, in Actual Tuition’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
    12. You agree to grant Actual Tuition permission to use any images you have independently created and uploaded on our site for any use, including marketing or promotional purposes, without restriction, prior notice or compensating you in any way.
  15. Changes to these terms and conditions
    1. Actual Tuition 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.
  16. Governing Law & Jurisdiction
    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.
    2. If any section or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
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