Terms and Conditions

Download as PDF: Champion Tutor Terms & Conditions September 2020

Updated: September 2020

GENERAL TERMS

  1. These terms

    1. What these terms cover. These are our terms and conditions of business covering our relationship with visitors to and users of our www.champion-tutor.co.uk (the " Site"), including Clients and Tutors. References to you or your are a reference to such persons.
    2. If you are a Tutor, these Terms apply to your use of any "Sharepoint" or other data storage system; references to the Site include references to such system.
    3. On this page you will also find our Privacy Policy, Cookie Policy and Client Terms and Tutor Terms.
    4. When these terms apply. If you use any services offered or facilitated by the Site (including any such services offered by Champion Tutor) ( Services ) or the Site you agree to be bound by these terms. These terms apply to your use of the Site and the Services, whether or not you are a registered account holder and whether or not you are a creator or contributor of content posted, uploaded to, embedded, displayed on or stored on the Site, such content including any Materials (as defined in the Client Terms and Tutor Terms respectively), user profiles, images, text, audio, video, software, or any other media that is capable of access by, is viewable on, or disseminated by the Site ( User Content ).
    5. If you do not agree to be bound by these terms then you must not use the Site or the Services.
    6. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    7. Changes. We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
  2. INFORMATION ABOUT US

    1. Who we are. We are Champion Tutor Limited (trading as Champion Tutor), a company registered in England and Wales. Our company registration number is 12712800 and our registered office is at : Exchange Building, 66 Church Street, Hartlepool, TS24 7DN. References to we, our , us or Champion Tutor in these terms are a reference to us.
    2. How to contact us. You can contact us by telephoning our customer service team at support@champion-tutor.co.uk.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. " Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. Our Site

    1. We may update and change our Site from time to time.
    2. We may suspend or withdraw our Site, and we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
    3. We may withdraw your access to the Site or the Services at any time if we reasonably consider that you have breached these terms or acted in a way that is adversely prejudicial to our business interests or the rights or interests of any other user of the Site or Services.
    4. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    5. Our Site is provided on an "as is" basis and no warranty is made that the Site will meet your requirements or needs, there will be no defects in the functionality of the Site, nor that any information on the Site to accurate or complete.
    6. Our Site is only for users in the UK. Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
    7. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them and we make no warranty whatsoever in respect of those sites. We have no control over the contents of those sites or resources.
    8. We advise you to read all terms and conditions and policies of any website that you visit, whether linked to via our Site or otherwise.
    9. You may view our Site and download pages of the Site for caching purposes only.
  4. VIRUSES

    1. We are not responsible for viruses on our Site and you must not introduce them. We do not guarantee that our Site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
    3. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
  5. YOUR ACCOUNT

    1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via the Contact page.
  6. LINKING TO OUR SITE

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link to our Site in any website that is not owned by you.
    4. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
    5. We reserve the right to withdraw linking permission without notice.
    6. The website in which you are linking must comply in all respects with the standards set out in these terms.
    7. If you wish to link to or make any use of content on our Site other than that set out above, please contact via the Contact page.
  7. How you may use material on our Site

    1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    7. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
    8. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
    9. You will be liable to us and indemnify us for any non-authorised use, copying or modification of content available via our Site (including, for the avoidance of doubt, the recording of any class, seminar, workshop or tutorial provided or the unauthorised use, copying, or dissemination of any materials provided in the course of or supporting any class, seminar, workshop or tutorial). This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  8. User-generated AND UPLOADED content

    1. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
    2. If you wish to complain about content uploaded by other users, please contact us via one of the methods set out on the Contact page.
    3. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in these terms.
    4. You are responsible for ensuring and warrant that you will ensure that any contribution, content, or materials you submit to the Site does not infringe on the rights (including intellectual property rights) of any other person. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    5. You warrant that any such contribution, content or materials does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    6. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
    7. When you upload or post content to our Site, you grant us the following rights to use that content:
      1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the Site or the Service forever;
      2. a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.
    8. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    9. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in these terms. We may also, in our sole discretion, terminate your rights to use and access the Site and / or Services at any time if we consider that any materials, content, or contribution submitted by you to the Site is contrary to the spirit or intention of these terms.
    10. You are solely responsible for securing and backing up your content.
  9. Prohibited** USES**

    1. You may use our site only for lawful purposes. You may not use our Site:
      1. In any way that breaches any applicable local, national or international law or regulation.
      2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
      3. For the purpose of harming or attempting to harm minors in any way.
      4. To bully, insult, intimidate or humiliate any person.
      5. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
      6. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      7. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
      2. Not to access without authority, interfere with, damage or disrupt:
      3. any part of our site;
      4. any equipment or network on which our site is stored;
      5. any software used in the provision of our site; or
      6. any equipment or network or software owned or used by any third party.
      7. Not access or attempt to access accounts or details of any other user of the Site or Services or otherwise attempt to circumvent any security measure on the Site.
      8. Not conduct any data collection, harvesting, extraction or mining activities on the Site or in relation to any other user of the Site or Services.
      9. Not attack or attempt to disrupt the availability of any part of the Site to any person, including via denial of services attacks.
  10. Interactive services

    1. We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards, messaging and video conferencing facilities (interactive services.)
    2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
    3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
    4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
    5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
  11. Content standards

    1. These content standards apply to any and all User Content, and to any interactive services associated with it.
    2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any User Content as well as to its whole.
    3. We will determine, in our sole discretion, whether a User Content breaches the Content Standards.
    4. User Content must:
      1. Be accurate (where it states facts).
      2. Be genuinely held (where it states opinions).
      3. Comply with the law applicable in England and Wales and in any country from which it is posted.
    5. User Content must not:
      1. Be defamatory of any person.
      2. Be obscene, offensive, hateful or inflammatory.
      3. Bully, insult, intimidate or humiliate.
      4. Promote sexually explicit material.
      5. Include child sexual abuse material.
      6. Promote violence.
      7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      8. Infringe any copyright, database right or trade mark of any other person.
      9. Be likely to deceive any person.
      10. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
      11. Promote any illegal content or activity.
      12. Be in contempt of court.
      13. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
      14. Be likely to harass, upset, embarrass, alarm or annoy any other person.
      15. Impersonate any person or misrepresent your identity or affiliation with any person.
      16. Give the impression that the User Content emanates from us, if this is not the case.
      17. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
      18. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
      19. Contain any advertising or promote any services or web links to other sites.
  12. CONDUCT

    1. All information provided by you must be true and accurate.
    2. Account details must be those of you only; the details of any other person (including email addresses or other contact information) must not be used.
  13. Breach of these terms

    1. Failure to comply with these terms may result in our taking all or any of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use our site.
      2. Immediate, temporary or permanent removal of any User Content uploaded by you to our site.
      3. Issue of a warning to you.
      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
      5. Further legal action against you.
      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

  1. Our responsibility for loss or damage suffered by you

    1. Whether you are a consumer or a business user (which includes a school, educational establishment, or Tutor):
      1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Services to you, which will be set out the Client Terms and Tutor Terms (as applicable).
    2. If you are a business user:
      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      3. use of, or inability to use, our Site; or
      4. use of or reliance on any content displayed on our Site.
      5. In particular, we will not be liable for:
      6. loss of profits, sales, business, or revenue;
      7. business interruption;
      8. loss of anticipated savings;
      9. loss of business opportunity, goodwill or reputation; or
      10. any indirect or consequential loss or damage.
    3. If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  2. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

  1. OTHER IMPORTANT TERMS
    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. This is the entire agreement between us. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. No party shall have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
    3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    7. Which laws apply to this contract and where you may bring legal proceedings.
    8. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    9. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

CLIENT TERMS

In addition to the General Terms set out above, these terms apply if you are a person who is registered to use our Site with a view to entering into a contract for services with a Tutor for the provision of Tutoring Services, whether such person is the Student and / or the Student's Parent/Guardian/Carer ( Client ).

  1. These terms

    1. These Client Terms set out the terms on which we (Champion Tutor Limited, further details of which are above in the General Terms) grant the Client a licence to use our Site in order to assist the Client in sourcing Tutors to provide Tutoring Services and also to provide a suitable communications and distance learning platform and virtual classroom to enable the Tutors to deliver those Tutoring Services to Students registered on our Site.
    2. These terms apply to your use of our Site and the Platform Services, together with the General Terms, Privacy Policy, and Cookie Policy.
    3. What these terms do not cover. We do not, for the avoidance of doubt, provide the Tutoring Services. Any agreement in relation to the provision of Tutoring Services is between the Tutor and the Client direct, and is separate to the agreement constituted by these terms.
    4. When these terms apply. These Client Terms take effect on the date that you create an Account.
    5. If you do not agree to be bound by these terms then you must not use the Site or the Platform Services.
    6. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    7. Changes. We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
  2. INTERPRETATION

In these Client Terms, terms in the Glossary at section the following expressions have the meanings set out unless expressly stated otherwise:

  1. STUDENTS

    1. Where a Student is under the age of 18, it is the Parent/Guardian/Carer's responsibility to ensure the safety and monitor activities of and relating to the Student online.
    2. The learning requirements of Students vary and we therefore do not mandate whether a Parent/Guardian/Carer is present when using our Site (or therefore in receipt of Tuition Services from a Tutor); this is a decision for the Parent/Guardian/Care of a Student in their sole discretion.
    3. We recommend all Parents/Guardians/Carers advise Students how to keep safe online. Champion Tutor maintains safeguarding policies and procedures which you can find on our Site or are available on request.
  2. STATUS OF TUTOR

The Tutor is an independent contractor and is not an employee, officer, agent, contractor or sub-contractor of Champion Tutors. You engage the Tutor directly (and not, for the avoidance of doubt, Champion Tutor) to provide the Tutoring Services on the terms of the Tutoring Services Contract.

  1. ACCOUNT REGISTRATION

    1. If you are a Student under eighteen (18) years of age, or if you are a Student aged eighteen (18) years old or older but have a Parent/Carer/Guardian:
      1. In order to register you will need to provide us with your details as required by the registration process, together with the name and email address of your Parent/Guardian/Carer. Your Parent/Guardian/Carer will need to register with our Sites before your registration is complete.
      2. It is the responsibility of Parent/Guardian/Carers to manage the provision of the Tutoring Services to Students. These responsibilities include, for example (but are not limited to) paying Tuition Fees, requesting refunds, purchasing and managing Credits, and receiving email communications from Champion Tutor (" Responsibilities").
      3. Parent/Guardian/Carers may authorise a Student under their care to book sessions by redeeming Credits doing so does not otherwise absolve them of the Responsibilities.
    2. If you are a Student who is over eighteen (18) years of age and You do not have a Parent/Guardian/Carer, you will need to provide us with your details as required when registering your account, but be required to register as both Student and Parent/Guardian/Carer. You will be responsible for all Responsibilities yourself.
    3. You will be required to choose a username and password. You will keep your Account login details secure and confidential. We are not responsible for any actions or liable to you where your Account is access or used by a third party. If you believe there has been any unauthorised use of your Account, please contact us immediately via the details on the Contact page. If emailing, include the words "Urgent – Login Breach" in the email subject.
    4. You will need to complete the registration questionnaire to provide is with certain required information to access wider areas of our Site, including prospective Tutor details and introductory information.
  2. SERVICES

    1. After registration you may (subject to availability) be able to arrange a free Meet The Tutor Session with a potential Tutor. The session will last for approximately fifteen (15) minutes to allow you to get to know the Tutor and discuss your specific learning requirements. There is no obligation to book or pay for further Tutoring Services.
    2. You may book your first Tutorial(s) during the Meet the Tutor Session or otherwise via the Site. You will be required to make payment for your Tutorial(s) on booking or by redeeming Credits. Your request to book a Tutorial constitutes an offer by you to the Tutor for Tutoring Services on the terms of the Tutoring Services Contract.
    3. Following receipt of your payment, Champion Tutor will, on behalf of and as agent for your Tutor, accept your order and send an order confirmation to the email address registered to your Account. Such acceptance of your offer shall constitute a legally binding contract between you and the Tutor for the supply of the Tutor for the Tutoring Services.
    4. Payment for Tutoring Services may only be made from the Account of a Parent/Guardian/Carer.
    5. Tutoring Services may be purchased by credit or debit card (or such other payment method as may be available on our Site from time to time) or Credits may be purchased for redemption.
    6. Credits can be purchased for £1GBP each and may be used to purchase Tutoring Services. You must have sufficient Credits in the Credit Bank in order to purchase Tutoring Services. On redemption, the value of Credits redeemed will be deducted from the balance of your Credit Bank and your Parent/Guardian/Carer will be notified by email.
    7. Unpurchased Credits have no cash equivalent, shall not be refundable or capable of being withdrawn from the Credit Bank other than by means of a redemption in respect of Tutoring Services. Unpurchased Credits shall expire six (6) months from issue.
    8. You will be notified if the balance of Credits in your Credit Bank reduces to zero, or if you hold insufficient Credits for the purchase of Tutoring Services.
    9. Unredeemed Credits other than:
      1. any Unpurchased Credits (which may not be refunded); and
      2. any Credits that have been credited to your Credit Bank for six (6) months or more

will (unless your Account has been terminated as a result of your breach of these terms) be refunded on request made by email from the Parent/Guardian/Carer to support@champion-tutor.co.uk including your full name, Account username, bank account number, and sort code. We may request you supply additional security information to verify the request. Your refund will be processed within fourteen (14) days of said verification and then subject to bank clearing timescales.

  1. We reserve the right to suspend or terminate your ability to purchase Tutoring Services at any time at our sole discretion and without liability to you, in which case your Account may be deactivated. We may, for example, deactivate your Account following your breach of these terms or following a period of inactivity of six (6) months or greater. Re-activation of your Account will be subject to our prior consent.
  1. CLIENT OBLIGATIONS

    1. The Client shall:
      1. provide the Champion Tutor with all necessary and desirable co-operation and information it may reasonably require in relation to the Platform Services and Tutoring Services Contract;
      2. provide the Tutor with all necessary and desirable co-operation and information it may reasonably require in relation to the Tutoring Services;
      3. without affecting its other obligations under this agreement, comply with all applicable laws and regulations with respect to its activities under this agreement;
      4. carry out all other Client responsibilities set out in this agreement in a timely and efficient manner;
      5. ensure that its network and systems and all other equipment and services are at least to the Minimum Requirements and in accordance with these terms;
      6. use a fully functioning and configured headset and microphone in relation to the Tutoring Services;
      7. ensure all computer systems and devices used by the Client in relation to the Tutoring Services are secure and running up to date security software (including anti-virus and anti-malware software);
      8. be solely responsible for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Client's network connections or telecommunications links or caused by the internet or other local technical issues;
      9. notify Champion Tutor immediately in the event that a Student will be unable to attend any booked session so that Champion Tutor may inform the Tutor accordingly and in any event you must give as much prior notice as reasonably practicable to us. If notice is not given to us at least 24 hours in advance of the Tutorial, we may charge for the Tutorial that was to be provided in full;
      10. be solely responsible in assessing the suitability of a Tutor to meet the needs and requirements of the Client and their ability to provide the Tutoring Services in the manner and with the level of expertise reasonably required;
      11. not contact a Tutor other than via Tutor Mail or other contact service offered via the Site;
      12. not publish any abusive, defamatory, derogatory, inaccurate or untrue comments (or which would otherwise not comply with the content standards set out in these terms) regarding Champion Tutor, a Tutor, or another Student on the Site or anywhere else;
      13. promote any business, services, or commercial opportunities via the Site.
    2. The Client is responsible for validating the proper functioning of its systems (including IT hardware and software) and network connections to at least the Minimum Requirements. We suggest using the free Meet the Tutor Session available in order to ensure the suitability and functionality of your systems and network connections to at least the Minimum Requirements. Please consult the FAQs page on our Site for additional technical guidance.
    3. We use reasonable endeavours to make the Platform Services available to Client's operating devices and operating systems which are up to date and widely used in the UK. We are not liable to you for any technical incompatibility or other issue arising out of your hardware, software, or network connections.
    4. Network connections and communications may vary in quality due to available bandwidth or other issues. In the event of such issues, any Tutorial shall continue (if technically possible without undue disturbance to audio) without video and you shall not terminate the Tutorial early.
    5. You will not receive a full or partial refund for bandwidth or other network or connectivity issues or otherwise where your devices do not meet the Minimum Requirements.
  2. OUR OBLIGATIONS

    1. We shall:
      1. provide the Platform Services with reasonable skill and care;
      2. devote such time as is reasonably necessary to the provision of the Platform Services;
      3. provide the Client with such information as they may reasonably request in relation to the Platform Services.
  3. WARRANTIES AND INDEMNITIES

    1. Client hereby warrants to Champion Tutor and the Tutor that:
      1. the Student is at least eighteen (18) years old or, if not, the Student and its Parent/Guardian/Carer have separately registered on the Site;
      2. you have read, understood, and familiarised yourself with our Code of Respect and Safeguarding Policies and Procedures which are available on our Site;
      3. it will comply with these Client Terms and act in accordance with their spirit and intention.
    2. The Client shall indemnify Champion Tutor against all costs, losses, and expenses Champion Tutor may suffer arising out of or connected to:
      1. breach by the client of these Client Terms;
      2. the negligent acts or omissions of the Client or persons within their control or direction;
      3. any claims, complaints, actions, or proceedings issued by a Tutor against you or in relation to your acts or omissions.
  4. OUR FEES

    1. The Platform Fees are payable to Champion Tutor on account of the Platform Services provided and, for the avoidance of doubt, these are separate to the fees of the Tutor for the Tutoring Services. The Platform Fee will be the price indicated on the order pages of our Site when you placed your order for Tutoring Services from the Tutor or on the purchase of Credits (as applicable).
    2. We take reasonable care to ensure that the Platform Fees advised to you is correct. It is always possible that, despite our efforts, some pries on our Site may be incorrectly detailed. If a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end this contract and (on behalf and as agent of the Tutor) the Tutoring Services Contract and refund you any sums you have paid for services not received.
    3. If the rate of VAT changes, our prices may be adjusted to account for such variation.
    4. You must pay the Platform Fees when you place your order for Tutoring Services from the Tutor or on the purchase of Credits. Payment of the Platform Fees does not satisfy any obligation you may have to pay the Tutor for the Tutoring Services provided under the Tutoring Services Contract between you and the Tutor.
  5. TUTORING SERVICES FEES

    1. Tutors are independent contractors and are self-employed under the Tutoring Services Contract and engaged by the Client directly to provide the Tutoring Services. Champion Tutor is not a party to the contract between the Client and the Tutor for the provision of Tutoring Services.
    2. Champion Tutor has been appointed by the Tutor to collect payment from the Client in respect of the Tutoring Services on the Tutor's behalf. We will therefore collect these from you when you place your order for Tutoring Services from the Tutor by such methods as are available via the Site from time to time or when you redeem Credits to purchase Tutoring Services.
    3. Charges in respect of the Tutoring Services will be as agreed in the Tutoring Services Contract. The Client shall pay the Tuition Fees on booking of Tutorials.
  6. CONDUCT

    1. You will treat the Tutors with respect and shall not make disparaging or degrading comments, use obscenities, or otherwise conduct yourself in a manner whereby, if such were content submitted to our Site, would be in breach of the content rules in these terms. You will not discuss matters other than the Tutorial to be provided.
    2. Champion Tutor will provide a Tutor with the name of a Student, and you consent to the disclosure of this information to enable the Tutor to provide and tailor the Tutoring Services.
    3. You will not disclose personal information to a Tutor than could be used to identify or locate you and will inform us immediately if a Tutor requests such information. You will not ask a Tutor for information that could identify them personally or their location, such as their address, telephone number, email address, social media profile details, National Insurance number, Account login details or similar.
    4. You will inform us immediately if a Tutor suggests or requests communication or a meeting other than using via Site.
    5. All Tutorials may be recorded for security, safety, and monitoring and you consent to such recording and use.
  7. CANCELLATION OF TUTORIALS

    1. On booking of a Tutorial, the Tutor is allocated a time slot to use the Site's virtual classroom space for the provision of the Tutoring Services. The Tutor will be available for this time to deliver the Tutoring Services.
    2. In the event that you wish to cancel a Tutorial booked you must notify us in writing as soon as possible and:
      1. if cancelled within forty-eight (48) hours of the Tutorial start date and time, 100% of the Tuition Fees in respect of that Tutorial shall continue to be payable and no refund or equivalent Credit shall be due to you;
      2. if cancelled forty-eight (48) hours or more in advance of the Tutorial start date and time, then you will be offered a re-scheduled Tutorial or Credits of equal value to the Tuition Fees payable in respect of that Tutorial shall be credited to your Credit Bank save that we reserve the right to charge an administration fee in which case the amount credited to your Credit Bank shall be reduced accordingly.
    3. In the event that the Tutor cancels a Tutorial booked then Credits of equal value to the Tuition Fees payable in respect of that Tutorial shall be credited to your Credit Bank. In the event that the Tutorial is cancelled by the Tutor within forty-eight (48) hours of the Tutorial start date and time, then you may request a refund by emailing support@champion-tutor.co.uk within 30 days of the cancellation. No Credit shall be credited to your Credit Bank or refund given in respect of any Tutorial block-booked with the cancelled Tutorial unless such Tutorial has also been cancelled.
    4. Any credit of Credits to your Basket shall be made withing three (3) working days (being Monday to Friday excluding public and bank holidays) of receipt of your written notice to cancel under clause 13.2.
    5. If you are not in attendance at the start date and time of your Tutorial and you have not notified us under clause 13.2 then you will not be entitled to a Credit or refund in whole or in part in any circumstance.
  8. TUTORIAL MATERIALS

All Intellectual Property Rights in Materials produced by the Tutor pursuant to the performance of the Tutoring Services are the exclusive property of the Tutor and shall not be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without Champion Tutor's written permission.

  1. NON-SOLICITATION

    1. You shall not without our prior written consent employ or engage, or attempt to employ or engage, or encourage any other person to attempt to employ or engage, any Tutor that has had contact with you under or in relation to this contract to provide services similar to the Tutoring Services to you or any other person.
    2. This restriction shall be in place throughout the term of this contract and for a period of 6 months after termination of this contract in any way.
  2. DATA PROTECTION

    1. The Champion Tutor and the Client agree that they will comply with all laws and regulations applicable in the UK relating to data protection, personal data, or privacy from time to time.
    2. Please see our Privacy Policy on our Site for details of how we will use your personal data.
    3. By providing your details to Champion Tutor, you confirm and agree that certain personal information will be provided by Champion Tutor to the Tutor so that the Tutor may properly perform the Tutoring Services.
  3. COMPLAINTS

    1. If you are dissatisfied with the Tutoring Services then you may report this to us by email at support@champion-tutor.co.uk or such other complaint reporting facility that may be available on the Site from time to time.
    2. You must inform Champion Tutor immediately, and in any event within 24 hours, of any Complaint relating to a Tutor or Tutoring Services provided.
    3. All Complaints reported to us by a Client or a Tutor will be investigated entirely in our sole discretion.
    4. Champion Tutor and the Client shall attempt to resolve a Complaint in good faith. You shall co-operate with us and provide us with all information we may reasonably request in order to investigate the Complaint. We will endeavour to provide a written response by email to any Complaint made by a Client or Tutor in accordance with clause 17.1.
    5. We may inform a Tutor or Client respectively of any Complaint raised against them together with copies of any correspondence we consider appropriate.
    6. We may suspend Your Account while we investigate the Complaint and may (in our discretion) reactivate your Account following the conclusion of the investigation.
  4. ENDING THE AGREEMENT

    1. These Client Terms shall continue from the date they commence (being the date that your Account is activated by us) and shall continue (unless terminated earlier in accordance with the terms) upon Champion Tutor or the Client serving written notice on the other unless the Client is committed to existing Tutoring Services Contract(s) in which case these Client Terms shall terminate when all existing Tutoring Services Contracts have terminated after service of the written notice.
    2. Any notice given under this clause shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or by sending it by pre-paid recorded delivery or registered post, to the relevant party at (in the case of the Client) the address submitted during the Parent/Guardian/Carer's Account registration process and (in the case of Champion Tutor), its registered office address as set out at clause 2.1 of the General Terms.
    3. We may terminate these Client Terms immediately by giving written notice if:
      1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary in relation to these Client Terms or to allow the Tutor to provide the Tutoring Services;
      2. you or any person connected to you acts in a manner that brings us or a Tutor into disrepute or threatens, endangers, or adversely affects the health, safety, well-being or other interests of any Student;
      3. you repeatedly fail to be present at the start of any Tutorial, cancel Tutorials, reschedule Tutorials, or otherwise act in a manner which is inconvenient to the scheduling or business needs of Champion Tutor or a Tutor.
    4. If you want to end the Tutoring Services Contract, please contact us (as agent for the Tutor) so we can let the Tutor know.
    5. If we terminate these Client Terms and Tuition Fees have been paid to the Tutor for Tutorials in advance under the Tutoring Services Contract, we will endeavour to procure that the Tutor refunds you all pre-payments made in respect of Tutorials that will not be provided within 14 days of termination.
    6. Termination of these Client Terms in respect of one Student shall not, where that Student has a Parent/Guardian/Carer, terminate these Client Terms as they apply to that Parent/Guardian/Carer in respect of arrangements with another Student.
  5. OUR LIABILITY TO YOU

    1. The Tutoring Services are provided to you by the Tutor under the Tutoring Services Contract. We are not a party to the Tutoring Services Contract and are not responsible for the Tutoring Services. We provide an online platform to facilitate the organisation and delivery of Tutoring Services only. We are not responsible to you for any claim, loss, damage relating to the Tutoring Services Contract or the acts or omissions of the Tutor or any defect or issue with the Tutoring Services.
    2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    4. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which was caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us.
    5. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  6. OTHER IMPORTANT TERMS

    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. This is the entire agreement between us. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. No party shall have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
    3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    7. Which laws apply to this contract and where you may bring legal proceedings.
    8. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    9. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
  7. GLOSSARY

Account means the account created by You on our Site which facilitates your access to the Platform Services.

Complaint means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Tutoring Services rendered by a Tutor (or the provision of the Platform Services which is communicated to Champion Tutor by You).

Confidential Information means any information which is of a confidential nature (or is marked as being confidential) relating to the business or prospective business, current or projected plans or internal affairs of Champion Tutor including, but not limited to information pertaining to Tutors, Tutor Correspondence, Site access, Champion Tutor correspondence and any other commercial, financial, technical or other information relating to the business or prospective business of Champion Tutor which might reasonably be considered to be confidential in nature.

Credit Bank refers to the online electronic wallet which holds Parent/Guardian/Carer's Credits that can be redeemed against the purchase of Tutoring Services on the Site.

Credits means pre-paid credits which are credited to your account and with which the Tutoring Services can be purchased from the Tutors on the Site.

Intellectual Property Rights means any patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, and expenses.

Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).

Minimum Requirements** **refers to the minimum requirements for using and accessing the Tutoring Services including the use of (and performance capabilities of) IT systems and devices, recommended browser, webcam, internet connection (with sufficient bandwidth and upload/download capabilities), and a headset and microphone.

Parent/Guardian/Carer means the individual contracting on behalf of the Student with Champion Tutor and the Tutor for the provision of the Platform Services and the Tutoring Services e.g. a parent/ guardian/ carer or other person (or the same person as the Student if they are over eighteen (18) years old) with responsibility for the Student and/ or the payment of the Tuition Fees.

Platform Services means

  1. the provision of an online marketplace via the Site to Clients to enable them to contact Tutors;
  2. the provision of an online platform via the Site providing a payment facilitation service (whereby the Client may pay the Tutors applicable fees for the Tutoring Services) and a virtual space for the provision of the Tutoring Services by Tutors pursuant to the Tutoring Services Contract.

Platform Fees means the amounts payable to Champion Tutor by the Client in consideration of the Platform Services.

Site means www.champion-tutor.co.uk.

Student means a person receiving Tutoring Services from a Tutor via our Site.

Tuition Fees means the amounts payable for the Tutoring Services under the Tutoring Services Contract between the Client and the Tutor.

Tutor means a tutor who has applied and been permitted to join the Champion Tutor community of Tutors who wish to carry out Tutoring Services using the Platform Services.

Tutorial refers to an online pre-booked tutoring session or an 'instant help' session for which the Tutor is available, in each case which is booked by a Client via the Site, and which may be recorded and viewed by the Student for up to one month.

Tutor** Mail** means the Champion Tutor email and communication system available for Clients to contact Tutors and vice versa.

Tutoring Services means the provision of online tutoring by a Tutor by way of individual Tutorials in real-time, suitably tailored to meet the individual requirements of the Students.

Tutoring Services Contract means the terms upon which Tutoring Services are provided to you by a Tutor as agreed between You and the Tutor via the Site on the terms as set out below under the "Tutoring Services Contract".

Unpurchased Credits means such Credits that are credited to a Parent/Guardian/Carer's Account by Champion Tutor as a result of any promotion, offer, discount, or gesture of goodwill.

User Content has the meaning given to it at clause 1.3 of the General Terms.

TUTOR TERMS

These Client Terms set out the terms on which we (Champion Tutor Limited, further details of which are above in the General Terms) grant the Tutor a licence to use our Site (which has the functionality of a communications and distance learning platform and virtual classroom) to enable the Tutors to deliver those Tutoring Services to Students registered on our Site.

  1. These terms

    1. In addition to the General Terms set out above, these terms apply if you are a person who is registered to use our Site with a view to entering into a contract for services with a Client for the provision of Tutoring Services.
    2. These terms apply to your use of our Site and the Facilitation Services, together with the General Terms, Privacy Policy, and Cookie Policy. In these Tutor Terms, references to you and your are references to the Tutor registered on our Site.
    3. W** hat these terms do not cover.**We do not, for the avoidance of doubt, provide the Tutoring Services. We are not a party to any contract with the Client in relation to the provision of Tutoring Services. Such contract is a contract made direct between you and the Client and is separate and additional to these Tutor Terms or the agreement constituted by these Client Terms.
    4. When these terms apply. These Tutor Terms take effect on the date that you create an Account.
    5. If you do not agree to be bound by these terms then you must not use the Site or the Facilitation Services.
    6. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    7. Changes. We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
  2. INTERPRETATION

In these Tutor Terms, terms have the meanings set out in the Glossary at clause 20 unless expressly stated otherwise:

  1. REGISTERING AS A TUTOR

    1. To use the Site and Facilitation Services as a Tutor to provide Tutoring Services, you agree that these Tutor Terms (together with the General Terms) apply in full and without exception and that you must comply with the criteria set out on our Site from time to time.
    2. After completion of the Registration Process, Champion Tutor may (in its sole discretion) determine if you satisfy its requirements to become a Tutor.
    3. After registering with the Site and submitting an application form, you may be required to attend an online video meeting. If your initial application is successful, you will then be required to provide further information in relation to your registration, including completing a personal profile, provide examination certificates and two references, identification documents, and details of your Personal Account. Failure to provide any information required by us may result in your application to register as a Tutor being refused or rescinded.
    4. You are required to attend our mandatory induction and undertake data protection (GDPR) training and safeguarding training provided by us before being entitled to provide Tutoring Services.
    5. You are required to have achieved your Safeguarding Level 1 Certificate and sent a copy to Champion Tutor prior to being entitled to provide Tutoring Services.
    6. You warrant that you have fully and accurately disclosed to us all spent and unspent convictions, cautions, reprimands and final warnings. Your ability to use our Site as a Tutor is conditional upon and subject to us receiving a satisfactory Enhanced Criminal Record Certificate from the Disclosure and Barring Service for you; together with confirmation that you do not appear on the childrens' barred list.
    7. You will keep your Account login details secure and confidential. We are not responsible for any actions or liable to you where your Account is access or used by a third party. If you believe there has been any unauthorised use of your Account, please contact us immediately via the details on the Contact page. If emailing, include the words "Urgent – Login Breach" in the email subject.
    8. You will need to complete the registration questionnaire to provide is with certain required information to access wider areas of our Site, including prospective Tutor details and introductory information.
    9. A Tutor's use of various facilities of the Site is subject to the Registration Process having been completed and all required information provided to and accepted by Champion Tutor and full access rights having been granted to the Tutor's Account by Champion Tutor.
    10. Champion Tutor reserves the right to suspend, limit, or terminate your Account at any time in its sole discretion and for any reason without liability to the Tutor.
    11. We reserve the right to suspend, limit, or terminate your Account at any time at our sole discretion and without liability to you, in which case your Account may be deactivated. We may, for example, deactivate your Account following your breach of these terms or following a period of inactivity of one (1) month or greater. Re-activation of your Account will be subject to our prior consent.
  2. SERVICES

    1. The Facilitation Services are provided on a non-exclusive basis, and other persons may provide services similar to the Tutoring Services via the Site. The Site enables Tutors to create a personal profile in order to promote themselves and the Tutoring Services that they provide to prospective Clients. We suggest that care and time is taken to build this profile in order to best showcase the Tutoring Services that you provide. Clients will be able to access and view profiles of other tutors on the Site, and have sole discretion as to their preferred Tutor and whether they wish to engage you to provide Tutoring Services.
    2. The Tutor appoints Champion Tutor as its agent to negotiate and enter into contracts to provide Tutoring Services on behalf of the Tutor provided that such contracts are entered into on terms materially similar to the Tutoring Services Contact and further appoints Champion Tutor as its agent to receive payment in relation to such contract and manage and determine and complaints or disputes arising in relation thereto acting in its sole discretion.
    3. If and to the extent that The Conduct of Employment Agencies and Employment Businesses Regulations 2003 apply to this agreement, Champion Tutor acts as an employment agency in relation to the introduction of the Tutor to Clients. For the avoidance of doubt, 'employment agency' is a description of a type of business under the relevant regulations and such does not imply any relationship of employment or worker-status between Champion Tutor and the Tutor.
    4. Champion Tutor is not a party to the Tutoring Services Contract between the Tutor and the Client for the provision of Tutoring Services and is not liable to the Tutor or the Client for any loss or claim in respect of such Tutoring Services Contract. The Tutor shall indemnify and hold Champion Tutor harmless in respect of all Losses it incurs or suffers as a result of any claim by a Client or any other person in relation to the Tutoring Services, the Tutoring Services Contract, or the act or omission of the Tutor.
  3. TUTOR OBLIGATIONS

    1. The Tutor shall:
      1. only agree to provide the Tutoring Services on the terms of the Tutoring Services Contract;
      2. promptly provide Champion Tutor with all necessary and desirable co-operation and information it may reasonably require in relation to the Facilitation Services, Tutoring Services and this agreement;
      3. ensure that all information provided to Champion Tutor is, and remains, true, accurate and complete and immediately notify Champion Tutor of any change to such information or any other information that may be reasonably considered to impact on the Facilitation Services, Tutoring Services or which Champion Tutor may reasonably wish to be aware of;
      4. provide the Tutoring Services to the Client to a high level of quality, with all due care, skill and ability, in accordance with widely accepted and good industry practice, together with all appropriate Materials and content in line with the requirements and expectations of the Client;
      5. act at all times with diligence and in accordance with the highest professional standards;
      6. efficiently manage its online Tutoring calendars and keep the Tutor's availability up to date in order that Champion Tutors is aware of your availability when booking Tutorials;
      7. be available for all Tutorial bookings made by Clients and notified to you by Champion Tutor (via Tutor Mail or otherwise) provided that such are within your qualification, expertise, and competency and are at such dates and times that, at the time of booking, you are noted under the online Tutoring calendars on the Site as being available to provide Tutoring Services;
      8. not commence Tutorials until notified by Champion Tutor that Tuition Fees have been received and held by Champion Tutor on your behalf as Champion Tutor is not responsible for any costs or time incurred prior to such notification has been given to you;
      9. obtain, use and maintain in good working order your ICT systems and network connections (to at least the Minimum Requirements) required for You to access and carry out the Tutoring Services;
      10. immediately inform Champion Tutor in respect of any material issue preventing you from accessing the Site;
      11. ensure all computer systems and devices used by the Tutor in relation to the Tutoring Services are secure and running up to date security software (including anti-virus and anti-malware software);
      12. ensure that its network and systems and all other equipment and services are at least to the Minimum Requirements and in accordance with clauses this clause 7.1;
      13. use a fully functioning and configured headset and microphone in relation to the Tutoring Services;
      14. be solely responsible for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Tutor's network connections or telecommunications links or caused by the internet or other local technical issues;
      15. notify Champion Tutor immediately in the event that a Tutor will be unable to attend any booked Tutorial so that Champion Tutor may inform the Client accordingly and in any event you must give as much prior notice as reasonably practicable to us;
      16. without affecting its other obligations under this agreement, comply with all applicable laws and regulations with respect to its activities under this agreement;
      17. carry out all other Tutor responsibilities set out in this agreement in a timely and efficient manner;
      18. not contact a Client other than via Tutor Mail or other contact service offered via the Site;
      19. immediately disclose any circumstances which may affect Tutor's criminal record or if Tutor becomes subject to any professional or regulatory inquiry, investigation or proceedings;
      20. not publish any abusive, defamatory, derogatory, inaccurate or untrue comments (or which would otherwise not comply with the content standards set out in these terms) regarding Champion Tutor, a Client, or Student on the Site or anywhere else;
      21. promote any business, services, or commercial opportunities via the Site.
    2. The Tutor is responsible for validating the proper functioning of their IT systems and network connections (to at least the Minimum Requirements). We suggest using the Meet the Tutor Session to do so and undertake and troubleshooting. Please consult the FAQs page on our Site for additional technical guidance.
    3. We use reasonable endeavours to make the Facilitation Services available for operation on modern devices and operating systems which are maintained and up to date and widely used in the UK. We are not liable to you for any technical incompatibility or other issue arising out of your hardware, software, or network connections, including but not limited to:
      1. audio feedback or disturbance or delay to audio or video;
      2. you failing to meet the minimum system requirements.
    4. Network connections and communications may vary in quality due to available bandwidth or other issues. In the event of such issues, any Tutorial shall continue (if technically possible without undue disturbance to audio) without video and you shall not terminate the Tutorial early.
    5. The Tutor warrants that:
      1. he holds such qualifications required (by law and as may have been notified to the Tutor by Champion Tutor) to properly provide the Tutoring Services;
      2. that there are no matters that would prevent or restrict the Tutor from providing the Tutoring Services to any persons, including children or vulnerable adults; and
      3. there are no matters that may appear on a Disclosure and Barring Service (DBS) certificate or on the results of any such similar search that would reasonably result in it being considered undesirable for the Tutor to provide to Tutoring Services to any person.
    6. Champion Tutor will undertake various safeguarding and identification checks, searches, and applications on the Tutor (including a Disclosure and Barring Service (DBS) check ( Searches ). In the event that the Tutor does not regularly provide Tutorials via the Site for the six months following the date that such Searches were issued, the Tutor shall be responsible for the costs of said Searches and shall pay to Champion Tutor on demand an amount equal to all costs incurred by Champion Tutor in relation to Searches.
  4. WARRANTIES AND INDEMNITIES

    1. The Tutor hereby warrants that:
      1. the Tutor is at least eighteen (18) years old;
      2. the Tutor has the necessary and desirable qualification and experience to provide the Tutoring Services in the subject areas stated on the Tutor's profile on the Site;
      3. the Tutor has not knowingly withheld any information which may affect Champion Tutor's willingness to provide the Facilitation Services and the Tutor has not provided any misleading information;
      4. the Tutor's profile on the Site and all information provided to Champion Tutor is accurate and up to date and is a fair representation of the Tutor and ability to provide the Tutoring Services;
      5. the Tutor's profile will not claim that the Tutor has any form of enhanced DBS check unless a copy of such check has been provided to Champion Tutor and it is accurate and up to date;
      6. the Tutor will only ever contact Students and Clients using Tutor Mail or other facilities available on the Site;
      7. the Tutor is not prevented from working with children or vulnerable adults and the Tutor's name does not appear in any list of individuals who are barred from, or are subject to any restrictions in respect of working with, children or with vulnerable adults;
      8. the Tutor has read, understood, and will abide by our Code of Respect and Safeguarding Policies and Procedures which are available on our Site; and
      9. the Tutor will comply with these Tutor Terms and act in accordance with their spirit and intention.
    2. The Tutor shall indemnify Champion Tutor against all costs, losses, and expenses Champion Tutor may suffer arising out of or connected to:
      1. breach of these Tutor Terms;
      2. the negligent acts or omissions of the Tutor or persons within their control or direction;
      3. any claims, complaints, actions, or proceedings issued by a Client against you or in relation to your acts or omissions;
      4. it acting as your agent in the collection of payments due to you by a Client

save to the extent that such losses arise as a result of Champion Tutor's negligence.

  1. COMPLIANCE

    1. The Tutor shall comply with all policies and procedures of Champion Tutor from time to time, copies of which are maintained on the Site or available on request, including for the avoidance of doubt the below:
      1. Data Retention Policy;
      2. IT & Communications Systems Policy;
      3. Policy on Handling Data Subject Requests;
      4. Privacy Policy;
      5. Breach Reporting Procedure; and
      6. Data Classification Policy.
  2. Champion Tutor OBLIGATIONS

    1. We shall:
      1. provide the Facilitation Services with reasonable skill and care;
      2. devote such time as is reasonably necessary to the provision of the Facilitation Services;
      3. provide the Tutor with such information as it may reasonably request in relation to the Facilitation Services and to enable it to perform the Tutoring Services.
  3. FEES

    1. Champion Tutor shall not charge the Tutor for the Facilitation Services.
    2. The Tutor acknowledges that the online marketplace on the Site operates on a structured pricing basis and agrees that it shall charge the Client such amount in respect of the Tutoring Services in accordance with that pricing basis and as detailed on the Site at the time that the relevant Tutorial was booked by the Client.
    3. The Tutor authorises Champion Tutor to collect payment of the Tuition Fees from the Client as agent for and on behalf of the Tutor or, if applicable, to permit the Client to satisfy its obligation to pay Tuition Fees by redeeming Credits (provided that the value of Tuition Fees received shall not be reduced as a result of the Client redeeming Unpurchased Credits).
    4. Champion Tutor will hold Tuition Fees on behalf of the Tutor in a dedicated Holding Account until released by Champion Tutor in accordance with this agreement.
    5. Champion Tutor may deduct from Tuition Fees held in the Holding Account
      1. any amount owing by the Tutor to Champion Tutor; and
      2. a reasonable amount on account of any claim Champion Tutor may have against the Tutor under or in relation to this agreement

but for the avoidance of doubt no deduction may be made on account of charges levied in breach of clause 9.1.

  1. Champion Tutor shall, after deduction of any amount it is entitled to make under clause 9.5, only release the balance of Tuition Fees held to the extent that such relate to a Tutorial:
    1. that has been provided by the Tutor to a Student; and
    2. on a weekly basis, such payment being made in respect of Tutorials provided in the one-week period ending on the Friday two weeks prior to the week in which payment is made. For the avoidance of doubt, no sum shall be released in respect of a Tutorial not provided or in respect of which a Complaint is outstanding. Any payment due in respect of a Tutorial in relation to which a Complaint was made shall be made in the next weekly payment run following the week in which the Complaint was finally resolved to Champion Tutor’s satisfaction.

on a fortnightly basis, such payment being made in respect of Tutorials provided in the two week period ending on the Friday prior to the week in which payment is made. For the avoidance of doubt, no sum shall be released in respect of a Tutorial not provided or in respect of which a Complaint is outstanding. Any payment due in respect of a Tutorial in relation to which a Complaint was made shall be made in the next fortnightly payment run following the week in which the Complaint was finally resolved to Champion Tutor's satisfaction.

  1. Payments to the Tutor by Champion Tutor shall be made by electronic transfer to the Personal Account (or such other account agreed by Champion Tutor and the Tutor in writing).
  2. If Champion Tutor determines that any refund or rebate is payable to a Client in respect of the Tutoring Services, Champion Tutor shall be entitled in its sole discretion to refund the Client using any amount held in the Holding Account and the amount payable to the Tutor by Champion Tutor shall be reduced accordingly. In the event that the balance of the Holding Account is insufficient to meet the value of the refund payable to the Client, the Tutor shall pay the value of the refund not so satisfied to Champion Tutor immediately on demand.
  3. The Tutor shall be responsible for all chargebacks and/or refund requests regarding Tutorials performed and shall indemnify Champion Tutor in respect of all Losses it may suffer as a result of such.
  4. If either party fails to make any payment due under this agreement by the tenth day following the due date for payment, the other party shall be entitled to charge interest (accruing daily) on the overdue sum from the due date of payment up to the actual date of payment (before as well as after judgment) at the rate of 2% per annum above the base rate of the Bank of England from time to time.
  5. The Tutor acknowledges and accepts that Champion Tutor may review the pricing structure on the Site in its sole discretion from time to time. Changes shall not apply to any Tutorials booked before such changes come into effect irrespective of whether the Tutorial is to be provided after such date.
  6. Champion Tutor may charge the Tutor for such Additional Services that are agreed to be provided and in accordance with Champion Tutor's standard price lists available on the Site from time to time. Fees for Additional Services are payable without set off or withholding within 30 days of issue of invoice.
  1. TUTOR STATUS

    1. The Tutor warrants and represents on each day of this agreement that he/she is self-employed and not an employee or worker of Champion Tutor.
    2. The Tutor is responsible for and will indemnify Champion Tutor against all Losses it suffers arising out of or in connection with:
      1. all taxation relating to the provision of the Tutoring Services, and
      2. any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against us arising out of or in connection with the provision of the Facilitation Services or the Tutoring Services, except where such claim is as a result of any act or omission by us.
  2. INTELLECTUAL PROPERTY

    1. All Intellectual Property Rights in Materials produced by the Tutor pursuant to the performance of the Tutoring Services are the exclusive property of the Tutor.
    2. If any Materials or other Content is uploaded to or otherwise published by the Site in any way (including, for the avoidance of doubt, in the delivery of Tutorials or contributing to public areas of the Site) then you:
      1. grant to Champion Tutor a worldwide, non-exclusive, royalty free, perpetual, transferable and sublicensable licence to use, copy, modify, distribute, display, and prepare derivative works of all or any part of such, including promoting and re-distributing such and any derivative works in any format or media;
      2. grant to each user of the Site, worldwide, non-exclusive, royalty free, perpetual, non-transferable and non-sublicensable licence to access such from the Site and in use of the any services offered or facilitated by the Site and to use, reproduce, prepare derivative works of, and display such to the extent permitted to enjoy and use such services and the Site;
      3. waive all moral rights in relation to such Content.
  3. CANCELLATION OF TUTORIALS

    1. A Client may cancel a Tutorial at any time prior to payment being received provided they do so via the Site.
    2. In the event that a Client wishes to cancel a Tutorial booked and paid for, they may still cancel prior to the start date and time of the Tutorial but:
      1. if cancelled within forty-eight (48) hours of the Tutorial start date and time, 100% of the Tuition Fees in respect of that Tutorial shall continue to be payable;
      2. if cancelled forty-eight (48) hours or more in advance of the Tutorial start date and time, then they will be offered a re-scheduled Tutorial or Credits of equal value to the Tuition Fees payable in respect of that Tutorial shall be credited to their Credit Bank.
    3. If a Client cancels under clause 12.2.1 or a Student does fails to attend a Tutorial (without having given advance notice of cancellation) Champion Tutor will pay the Tuition Fees collected on your behalf in accordance with these terms as if such Tutorial had taken place.
    4. You must notify us immediately via the Site if you will be unable to attend a Tutorial. For the avoidance of doubt, as no Tutorial (and no Tutoring Services) will have been provided to a Client where you do not attend the booked session, no amount will be payable to you by the Client under the Tutoring Services Contract. As such, Champion Tutor will have no liability to make any payment to you in respect of a Tutorial you do not attend.
    5. If you fail to attend a Tutorial without having given notice at least 24 hours prior to the start of the Tutorial or repeatedly cancel Tutorials, Champion Tutor may terminate this agreement without liability to you and such will be logged against your Tutor record by Champion Tutor for a period of 12 months.
  4. DATA PROTECTION

    1. In this clause, Data Protection Legislation means all laws and regulations applicable in the UK relating to data protection, personal data, or privacy from time to time.
    2. Champion Tutor and the Tutor agree that they will comply with all applicable requirements of the Data Protection Legislation. This clause 13 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
    3. Please see our Privacy Policy on our Site for details of how we will use your personal data.
    4. By providing your details to Champion Tutor, you confirm and agree that certain personal information will be published on your personal profile.
    5. For the purposes of this clause 13, the terms Controller , Processor , Data Subject, Personal Data , Personal Data Breach , processing and appropriate technical and organisational measures have the meaning given in the Data Protection Legislation.
    6. For the purpose of this agreement Champion Tutor is the Controller and the Tutor the Processor.
    7. Each party shall hold and process such Personal Data of Clients and Students as is reasonably necessary to provide the services to be provided by them.
    8. The parties will ensure that they each have the necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data and/or lawful collection of the Personal Data by the Provider on behalf of the Customer for the duration and purposes of this agreement.
    9. The Processor will shall, in relation to any Personal Data processed in connection with the performance by that party of its obligations under this agreement:
      1. process that Personal Data only in accordance with this agreement required by law to otherwise process that Personal Data. Where the Provider is relying on law as the basis for processing Personal Data, the Provider shall promptly notify the Controller of this before performing the processing required by the law unless those laws prohibit such;
      2. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing, loss, destruction, or damage to Personal Data appropriate to the harm that might result, having regard to the state of technological development and the cost of implementing any measures;
      3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
      4. not transfer any Personal Data outside of the European Economic Area unless the prior written consent of Champion Tutor has been obtained and the following conditions are fulfilled:
      5. the Provider has provided appropriate safeguards in relation to the transfer;
      6. the data subject has enforceable rights and effective legal remedies;
      7. the Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
      8. the Provider complies with reasonable instructions notified to it with respect to the processing of the Personal Data;
      9. assist Champion Tutor in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      10. notify Champion Tutor without undue delay on becoming aware of a Personal Data Breach;
      11. at the written direction of Champion Tutor, delete or return Personal Data and copies thereof to Champion Tutor; and
      12. maintain complete and accurate records and information to demonstrate its compliance with this clause.
    10. Champion Tutor does not consent to the appointment any third party processor of Personal Data under this agreement.
    11. You shall have personal liability for and shall indemnify us for any loss, liability, costs (including legal costs), damages, or expenses resulting from any breach by you of the Data Protection Legislation
  5. CONFIDENTIAL INFORMATION AND PUBLICITY

    1. Each party undertakes that it shall not at any time during the Tutoring Services Contract, and for a period of two years after termination or expiry of the this agreement disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 14.2.
    2. Each party may disclose the other party's confidential information:
      1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Tutoring Services Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Clause 11.3; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Tutoring Services Contract.12.3 The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party.
    4. On termination or expiry of this agreement, You shall immediately:
      1. return all Confidential Information in your possession together with all copies thereof; or
      2. if required to do so, destroy and irretrievably delete all Confidential Information in Your possession, custody or control and certify to Champion Tutor that this has been done.
    5. The terms of this agreement shall be kept confidential and no announcement, statement, publication or circular shall be made regarding this agreement without the prior written consent of the other.
  6. ENDING THE AGREEMENT

    1. These Tutor Terms shall continue from the date they commence (being the date that you apply to be a Tutor) and shall continue (unless terminated earlier in accordance with the terms) upon Champion Tutor or the Tutor serving at least two weeks' written notice on the other, or, if there are any Tutoring Services Contracts outstanding to be fulfilled at the date of the written notice, until completion of all existing Tutoring Services Contract(s) provided that Champion Tutor consents to such.
    2. Any notice given under this clause shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or by sending it by pre-paid recorded delivery or registered post to the relevant party at (in the case of the Tutor) the address submitted during the Registration Process and (in the case of Champion Tutor), its registered office address from time to time.
    3. We may terminate these Tutor Terms immediately by giving written notice if:
      1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary in relation to these Client Terms or to allow the Tutor to provide the Tutoring Services;
      2. you or any person connected to you acts in a manner that brings us into disrepute or threatens, endangers, or adversely affects the health, safety, well-being or other interests of any person;
      3. you fail to be present at the start of any Tutorial or you repeatedly cancel Tutorials;
      4. act in a manner which is adversely prejudicial to the interests of Champion Tutor or a Client;
      5. you are convicted of a criminal offence or are the subject of any investigation, which may in Champion Tutor's opinion affect your role as a Tutor;
      6. you are unable to carry out your duties for any reason whatsoever;
      7. you have breached any policies referred to at clause 7.1
      8. at any time at our convenience and discretion.
    4. Either party can terminate immediately upon serving written notice on the other if the other:
      1. commits a material or persistent breach of its obligations and, in the case of a breach which is capable or remedy, fails to remedy it after being given seven (7) days written notice specifying the breach and requiring it to be remedied; or,
      2. is unable to pay its debts as they fall due, becomes subject to an administration order or makes any voluntary arrangement or composition with its creditors, or an encumbrancer takes possession of or a receiver is appointed over the property or assets of the other party or the other party is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction of the business or, in the case of an individual, is declared bankrupt.
    5. Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
  7. TUTOR RESTRICTIONS

    1. Save for in respect of a Tutoring Services Contract, except with the prior written consent of Champion Tutor the Tutor shall not for the duration of, or within five years of the termination of, this agreement or any Tutoring Services Contract:
      1. deal with;
      2. seek the custom of
      3. enter into a contract for services with;

any person that has been introduced to the Tutor by Champion Tutor or the Site, or with whom the Tutor has entered into a Tutoring Services Contract.

  1. The undertakings in this clause apply to actions carried out by the Tutor in any capacity and whether directly or indirectly, on the Tutor's own behalf, on behalf of any other person or jointly with any other person.
  2. Each of the covenants in this clause is considered fair and reasonable by the parties.
  1. LIMITATION OF LIABILITY

    1. Nothing in these Tutor Terms limits any liability which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence; and
      2. fraud or fraudulent misrepresentation.
    2. Neither party shall be liable to the other for loss of profits, loss of sales or business, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
    3. Our liability to you shall not exceed an amount equal to the total Tuition Fees collected by us as your agent under this agreement.
  2. COMPLAINTS

    1. Champion Tutor and the Client shall attempt to resolve a Complaint in good faith. You shall co-operate with us and provide us with all information we may reasonably request in order to investigate the Complaint. We will endeavour to provide a written response by email to any Complaint made by a Client or Tutor in accordance with clause 17.1.
    2. You must inform Champion Tutor immediately if you become aware of any Complaint or potential Complaint and provide us with as much detail as possible.
    3. You will co-operate fully with any investigation into a Complaint by us and will not discuss the Complaint with any Client without our prior consent.
    4. We may, in our sole discretion, provide you with copy correspondence with any Client in relation to a Complaint.
    5. We may suspend Your Account while we investigate the Complaint and may (in our discretion) reactivate your Account following the conclusion of the investigation.
    6. In the event that a Complaint arises in relation to Tutoring Services provided in respect of which Tuition Fees have not been paid to you, Champion Tutor may withhold payment of the Tuition Fees until the Complaint has been resolved.
  3. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. No party shall have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
    3. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. Champion Tutor and the Tutor are independent contractors and no agency, partnership, joint venture, employer/employee relationship or other similar relationship is intended to be created and neither shall have authority to bind the other. This agreement is a commercial contract for the provision of services and not a contract of employment or similar.
    7. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    8. These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
  4. GLOSSARY

Account means the account(s) created by You for the Site which facilitates your access to the Facilitation Services.

Additional Services means back office support services provided by Champion Tutor to the Tutor as agreed from time to time.

Client means a person contacting Champion Tutor with a view to directly entering into a contract with a Tutor for the provision of Tutoring Services, whether that be the Student or (if under eighteen (18)), the Student's Parent/Guardian/Carer.

Complaint means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Tutoring Services rendered by a Tutor (or the provision of the Facilitation Services which is communicated to Champion Tutor by You).

Confidential Information means any information which is of a confidential nature (or is marked as being confidential) relating to the business or prospective business, current or projected plans or internal affairs of Champion Tutor including, but not limited to information pertaining to Tutors, Tutor Correspondence, Site access, Champion Tutor correspondence and any other commercial, financial, technical or other information relating to the business or prospective business of Champion Tutor which might reasonably be considered to be confidential in nature.

Credit Bank refers to the online electronic wallet which holds Credits that can be redeemed against the purchase of Tutoring Services on the Site.

Credits means pre-paid credits deposited in the Credit Bank with which the Tutoring Services can be purchased from the Tutors on the Site.

Facilitation Services means the provision (via the Site) of an online marketplace to Clients to enable them to contact Tutors and an online platform providing a payment facilitation services (whereby the Client may pay the Tutors applicable fees for the Tutoring Services) and a virtual space for the provision of Tutoring Services by Tutors pursuant to the Tutoring Services Contract.

Holding Account means the bank account where Tuition Fees are held on behalf of the Tutor prior to the completion of the Tutorial and subsequent transfer to the Tutor.

Intellectual Property Rights means any patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, and expenses.

Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).

Minimum Requirements refers to the minimum requirements for using and accessing the Tutoring Services including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.

Parent/Guardian/Carer means the individual contracting with Champion Tutor for the provision of Platform Services (as defined in the Client Terms between Champion Tutor and such person) and with the Tutor for the provision of the Tutoring Services, typically (but not only) being a parent/ guardian/ carer or other person with responsibility for the Student and/ or the payment of the Tuition Fees (save that such person may also be the Student if over the age of 18 and has responsibility to pay the Tuition Fees).

Personal Account means a bank account registered in the United Kingdom in the Tutor's sole name and which will accept payment by BACS.

Registration Process refers to the process determined by Champion Tutor from time to time whereby Tutors may be permitted to offer Tutoring Services to Clients by accessing and using the Site and benefiting from Facilitation Services.

Service Fee a per transaction booking fee charged to Client when booking a Tutorial session. This is paid either when booking a Tutorial or purchasing credits to be used to book a Tutorial session

Services refer to both the Facilitation Services and the Tutoring Services provided by you.

Site means www.champion-tutor.co.uk.

Student means a person receiving the Tutoring Services via Champion Tutor delivered by a Tutor.

Tuition Fees means the amounts collected by Champion Tutor from the Client on behalf of the Tutor for the Tutoring Services provided under the Tutoring Services Contract.

Tutor means a registered tutor who has applied and been selected to join the Champion Tutor community of Tutors who wish to carry out Tutoring Services using the Facilitation Services to do so.

Tutorial refers to an online pre-booked tutoring session or an 'instant help' session for which the Tutor is available, in each case which is booked by a Client via the Site.

Tutoring Services means the provision of online tutoring by a Tutor by way of individual Tutorials, suitably tailored to meet the individual requirements of the Students.

Tutoring Services Contract means the terms upon which Tutoring Services are provided by you to a Client as agreed between You and the Client via the Site in the form set out below under "Tutoring Services Contract".

Tutor** Mail** means the Champion Tutor email and communication system available for Clients and Students to contact Tutors and vice versa.

User Content has the meaning given to it at clause 1.3 of the General Terms.

TUTORING SERVICES CONTRACT

These terms set out the terms on which the Tutor agrees to supply Tutoring Services to Students registered on the Site. We refer to ' you' throughout these terms, which means the person identified as the ' Client' on the order confirmation; such person may be the Student (if 18 years old or older) or the Student's parent / guardian / carer or other person who has an account registered with the Site in order to procure to provision of Tutoring Services to the Student.

  1. These terms

    1. W** hat these terms do not cover.**These terms are between the Tutor and the Client. Champion Tutor is not a party to this contract, which relates to the provision of Tutoring Services.
    2. When these terms apply. These terms take effect on the date that Tutoring Services are ordered via the Site. Please read these terms carefully before you book any Tutoring Services.
    3. Interpretation.In these terms, the following expressions have the meanings set out unless expressly stated otherwise:

Champion Tutor means our agent, Champion Tutor Limited, a company registered in England and Wales. Our company registration number is 12712800 and our registered office is at : Exchange Building, 66 Church Street, Hartlepool, TS24 7DN.

Credits has the meaning given to it in the Client Terms between you and Champion Tutor.

Site means www.champion-tutor.co.uk.

Tuition Fees means our fees payable by you for the provision of the Tutoring Services.

Tutor** Mail** means the Site email and contact system available for Clients and Students to contact us and vice versa.

Tutorial refers to the online pre-booked tutoring session or an 'instant help' session for which the Tutor is available, in each case which is booked by a Client via the Site.

Tutoring Services the provision of online tutoring to a Student by way of individual Tutorials to meet the requirements of the Student as submitted on booking via the Site.

  1. CHAMPION TUTOR

    1. Champion Tutor has been appointed by us as our agent and is authorised to agree the terms of contract between us and you on our behalf. Champion Tutor is engaged by us to assist in our administrative formalities arising out of the agreement between us for the provision of Tutoring Services and the provision of an online platform to assist in the deliver of those services. This agreement is between us and you only, and Champion Tutors will have no liability to you in relation to this agreement or the circumstances or matters around it.
    2. Champion Tutor makes no representation or waiver regarding the services to be provided by us or our suitability or qualification to provide such services, and does not guarantee the performance or achievement of you/the students notified to us (academic or otherwise) as a result of the provision of the services.
  2. Information about us

    1. Who we are. We are the "Tutor" set out in the confirmation of booking of Tutorials.
    2. How to contact us. You can contact us via Tutor Mail on the Site, or otherwise by way of Champion Tutors (acting as our agent) whose details are set out in the General Terms between you and them.
    3. How we may contact you. If we have to contact you we will do so by Tutor Mail.
  3. Our contract with you

    1. Our acceptance of your order will take place when Champion Tutor confirms acceptance of your offer to purchase Tutoring Services. This will take place after you have placed an order for Tutoring Services via the Site.This contract will take effect at the time Champion Tutor confirms acceptance to you.
  4. Your rights to make changes

If you wish to make a change to the Tutoring Services please do so via the Site. If the desired changed is possible, the Site will let you know about any changes to the price of the Tutoring Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Providing the services

    1. We will provide the Tutoring Services on such days and at such times as is specified in your booking confirmation from the Site.
    2. The Tutoring Services may only be provided via the Site. Please ensure that the Student has access to and uses systems and networks that meeting the Minimum System Requirements of the Site.
    3. If you or a Student is unable to attend a Tutorial you must give (or you shall ensure that the student gives) as much prior notice as reasonably practicable to us via our agent Champion Tutor via the Site.
    4. In the event that you wish to cancel a Tutorial you may cancel prior to the start date and time of the Tutorial but:
      1. if cancelled within forty-eight (48) hours of the Tutorial start date and time, 100% of the Tuition Fees in respect of that Tutorial shall still be payable by you;
      2. if cancelled forty-eight (48) hours or more in advance of the Tutorial start date and time, you will be offered a re-scheduled Tutorial or Credits of equal value to the Tuition Fees payable in respect of that Tutorial shall be credited to your Credit Bank.
    5. Tuition Fees will be payable in full in respect of a Tutorial that the Student does not attend.
    6. The Student must be present at the start of the Tutorial.
    7. If we are unable to attend a Tutorial because of illness or for some other reason outside of our reasonable control, we will give (or will ensure that Champion Tutor gives on our behalf) as much prior written notice as reasonably practicable to you. We will not charge you for any Tutorial cancelled by us.
  2. Your rights to end the contract

    1. You may contact us via the Site at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
    2. If you are a consumer you have a legal right to change your mind within 14 days of entering this contract, and receive a refund for services that have not already been provided. However, once we have completed the Tutoring Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Tutoring Services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
    3. If you are ending the contract for a reason set out at 7.3.1 to 7.3.3 below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
      1. we (or Champion Tutors on our behalf) have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
      2. there is a risk the services may be significantly delayed because of events outside our control;
      3. you have a legal right to end the contract because of something we have done wrong.
    4. If you are not ending the contract for one of the reasons set out in clause 7.3, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
    5. To end the contract with us, please let us know via the Site.
    6. Within 14 days of this contract ending, an amount of Credits equal to the Tuition Fees in respect of the Tutoring Services not provided (less an amount on account of reasonable compensation for the net costs we will incur as a result of your breaking this contract) will be credited to your Credit Bank.
  3. Our rights to end the contract

    1. We may end the contract at any time by writing to you if:
      1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Tutoring Services;
      2. you otherwise materially breach these terms and fail to correct such a breach within five days of us asking you to do so; or
      3. insolvency proceedings or processes are commenced against you or insolvency processes are instigated by you (in relation to you), you suspend or threaten to suspend payment of your debts or are otherwise unable to pay your debts as they fall due, or begin negotiations with any persons or corporate bodies owed money by you.
    2. If we end the contract in the situations set out in clause 8.1 an amount of Credits equal to the Tuition Fees in respect of the Tutoring Services not provided (less an amount on account of reasonable compensation for the net costs we will incur as a result of your breaking this contract) will be credited to your Credit Bank.
  4. If there is a problem with the Tutoring services

    1. If you have any complaints about the Tutoring Services, please contact us (or Champion Tutor as our agent) via the Site.
    2. Nothing in these terms will affect your legal rights. For information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  5. Price and payment

    1. The price of the Tutoring Services (which includes VAT) will be the price notified to you on the Site and set out in the order confirmation. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.2 for what happens if we discover an error in the price of the services you order.
    2. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. If the correct price for the Tutoring Services at your order date is higher than the price stated, we (or Champion Tutors on our behalf) will contact you for your instructions. If we accept an order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the Tutoring Services.
    3. We (or Champion Tutor as our agent) will invoice you for the Tutoring Services, and may invoice you in arrears or in advance of the Tutoring Services being provided. Where you have paid for the Tutoring Services at the time of order (or redeemed Credits to pay for the Tutoring Services) the invoice will be noted as paid. Any payment required must be made directly to our agent Champion Tutors via the Site.
    4. If you do not make any payment to us by the due date (see clause 10.3) we may charge interest to you on the overdue amount at the rate of 2% a year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    5. If you think an invoice is wrong please contact us promptly to let us know via our agent Champion Tutors (via the Site) and we will not charge you interest until we have resolved the issue.
  6. Our responsibility for loss or damage suffered by you

    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
    2. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  7. How we may use your personal information

    1. We will use the personal information you provide to us to provide the Tutoring Services and process payment for such services.
    2. We may pass your personal information to Champion Tutors on the condition that such personal information will only be used in accordance with their Privacy Policy.
    3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
  8. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another Tutor for whom Champion Tutor acts as agent. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
    2. You may only transfer this agreement with our written consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
    3. If there is an inconsistency between the provisions of this deed and the provisions of the order acceptance, the terms of the order acceptance shall prevail
    4. This contract is between you and us and no other person shall have any rights to enforce any of its terms.
    5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    7. These terms are governed by English law only. You can bring legal proceedings in respect of the services in the English courts only, unless:
      1. if you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts; or
      2. if you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
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