2. Other applicable terms
3. Information about us and how to contact us
a. DiplomaTutors.com is a technology platform, accessed through the Site, that connects users (such as you) with third party providers of educational services (Tutors). It enables you to engage a Tutor for the provision of those services.
b. DiplomaTutors.com is operated and owned by Diploma Tutors Ltd (we or us). We are a limited company registered in England and Wales under company number 10981270 and have our registered office at 703 Strata Building, London, SE1 6EE, UK.
c. If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at email@example.com or by post to our office address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
a. Please note that we simply provide the platform that connects users (such as you) with Tutors and allows them to be introduced. We do not, ourselves, provide educational services or other services of the type listed on the Site as being provided by Tutors and any contract for the provision of those services is between you and the relevant Tutor (and not us). It is up to the Tutor to perform any services you request through DiplomaTutors.com (and, if requested by you, to provide any learning materials required) and you agree to comply with any terms of service that apply between you and the relevant Tutor.
c. If you have a complaint in relation to the services provided by a Tutor, that complaint must be taken up with the Tutor directly. If you are unable to resolve a dispute with a Tutor or you cannot come to an agreement with a Tutor, please contact us and we will use our reasonable endeavours to try to resolve the dispute.
d. We do take reasonable measures to ensure the suitability and quality of the Tutors, including, without limitation, conducting interviews, obtaining proof of identity and address and obtaining references. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Tutor is suitable for your requirements and you use Tutors at your own risk, although we may remove a Tutor from DiplomaTutors.com on the basis of any feedback you or other users provide in relation to that Tutor if we deem it appropriate, but are under no obligation to do so.
c. We may (but are under no obligation to) update the Site from time to time, and may change the content on them at any time.
6. Accessing DiplomaTutors.com
a. You must be 18 years old or over.
b. The Site is made available free of charge.
c. We make no representations, warranties or guarantees, whether express or implied, that DiplomaTutors.com or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.
d. Access to DiplomaTutors.com is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, DiplomaTutors.com is unavailable at any time or for any period.
e. You are responsible for making all arrangements necessary for you to access DiplomaTutors.com (including configuring your information technology) and you should use your own virus protection software.
7. Registration and security
a. Use of, and access to, certain parts of DiplomaTutors.com may require you to register with us. If you wish to register, you must complete all of the fields on the registration page.
b. You must not create your own DiplomaTutors.com account using an email address other than your own or one that you are permitted to use and, if you know or suspect that someone other than you has successfully registered to use DiplomaTutors.com using your email address, you must notify us immediately at firstname.lastname@example.org.
d. You may not authorise others to access DiplomaTutors.com using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at info@DiplomaTutors.com and change your password.
e. You are responsible for all acts and omissions of any third parties who use your username or password to access DiplomaTutors.com, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.
8. Pricing and payment
a. Our prices are set out on the Site and can be accessed here. We reserve the right to make changes to our prices at any time, although we will notify you by email at least one week before any such changes take effect. If you do not agree to any such changes, you should stop using DiplomaTutors.com.
b. When you first request the services of a Tutor, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request through DiplomaTutors.com. We will store your card details for such purposes and you agree that we may undertake authorisation checks on that card (including when you use DiplomaTutors.com to request the services of a Tutor).
c.The amount you will pay will comprise: (i) a fee due to the Tutor based on the duration of the lesson (i.e. the number of hours worked); and (ii) a service fee due to us calculated by reference to the number of hours (or part thereof) worked by the Tutor. We collect the fee due to the Tutor as agent for, and on behalf of, the Tutor.
e. If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use DiplomaTutors.com.
9. Booking process and cancellation
a. If you request the services of a Tutor, we will notify you by email when a Tutor has accepted your request and confirmed the booking.
b. If you decide to cancel a booking, you may do so via the Site, subject in each case to the following conditions: (i) if a Tutor has not yet confirmed the booking, you may cancel it without charge; (ii) if a Tutor has confirmed the booking but has not yet taught the booked lesson, you may cancel it without charge up to 24 hours before the scheduled start time of the lesson (and, if we have already taken payment, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit); and (iii) if you cancel less than 24 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as stated on the Site which will be charged to your registered credit or debit card. Cancellations direct with the Tutor are not permitted and will not be accepted.
c. If a booking is cancelled by the Tutor or if the Tutor fails to attend the agreed location to provide the services requested, please notify us within 48 hours following the scheduled start time of the visit and, if still required, make another request for the lesson to be provided by the Tutor (or another Tutor) at another mutually agreeable time. If we have already taken payment, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the lesson.
a. You agree to treat Tutors courteously and lawfully and where applicable to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the educational services you have requested.
b. You acknowledge that your preferred Tutor, if you have one, may be unavailable from time to time, whether due to illness or vacation or through ceasing to use DiplomaTutors.com.
c. You agree, for so long as the agreement between you and us is in force and for a period of six months thereafter, not to book the services of, or engage, any Tutor you have used, or whose contact details you have received from us, other than via DiplomaTutors.com.
11. Intellectual Property Rights
b. You must not use any part of the content on DiplomaTutors.com for commercial purposes without obtaining a licence or other written consent to do so from us or our licensors.
d. Other trademarks, products and company or brand names mentioned on DiplomaTutors.com may be the trademarks of their respective owners or licensors and all rights in such trademarks are reserved to their respective owners or licensors.
12. Your liability to us
a. You acknowledge that DiplomaTutors.com has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of DiplomaTutors.com meet your requirements.
c. If you are an organisation or an individual using DiplomaTutors.com in a business capacity, please note that:
ii. we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
iii. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to DiplomaTutors.com or any content on it, whether express or implied.
d. If you are a consumer, you may only use DiplomaTutors.com for domestic and private use. You agree not to use DiplomaTutors.com for any commercial, business or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
e. We will not under any circumstances be liable for:
i. the behaviour, acts or omissions of any Tutors you engage through DiplomaTutors.com or the quality of the services they provide; or
ii. any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of DiplomaTutors.com or your downloading of any content on it or on any website linked to it.
i. excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or
ii. is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. Your liability to us
a. You may only use DiplomaTutors.com for lawful purposes. You may not use it:
i. in any way that breaches any applicable local, national or international laws or regulations;
ii. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
iii. to send, knowingly receive, upload or download, use or re-use any material which does not comply with our content standards as set out below;
iv. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
v. knowingly to 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 adversely to affect the operation of any computer software or hardware;
vi. in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of DiplomaTutors.com; and
vii. to collect or harvest any information or data from DiplomaTutors.com or our systems or attempt to decipher any transmissions to or from the servers running DiplomaTutors.com.
b. You also agree:
i. not to permit DiplomaTutors.com or any part of it to be combined with, or become incorporated in, any other programs;
iii. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of DiplomaTutors.com; (ii) any part of DiplomaTutors.com or its security measures; (iii) any equipment or network on which DiplomaTutors.com is stored; (iv) any software used in the provision of DiplomaTutors.com; or (v) any equipment or network or software owned or used by any third party;
14. Content standards
a. These content standards apply to any and all material which you contribute to DiplomaTutors.com and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.
b. If you make use of any feature that allows you to post or upload any content to DiplomaTutors.com (for example, by providing a review, feedback and/or comments in relation to a Tutor or when making contact with DiplomaTutors.com or other users of DiplomaTutors.com), any such content must be accurate and genuine and must not:
i. be defamatory of any person;
ii. be obscene, offensive, hateful, inflammatory or otherwise objectionable;
iii. promote violence or indecent or sexually explicit material;
iv. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v. infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person;
vi. be likely to deceive any person;
vii. be made in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
viii. advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of DiplomaTutors.com;
ix. be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
x. be likely to harass, upset, embarrass, alarm or annoy another person;
xi. be used to impersonate any person or to misrepresent your identity or affiliation with any person;
xii. give the impression that they emanate from us, if that is not the case;
xiii. relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
xiv. disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.
c. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of DiplomaTutors.com and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to DiplomaTutors.com constitutes a violation of their intellectual property rights or of their right to privacy.
d. We have the right to remove or delete any posting you make on DiplomaTutors.com or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content.
15. Suspension and termination
a. You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us at email@example.com.
i. immediate, temporary or permanent withdrawal of your right to use DiplomaTutors.com;
ii. immediate, temporary or permanent removal of any content uploaded, posted, submitted or displayed by you on or to DiplomaTutors.com;
iii. issue of a warning to you;
iv. 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;
v. further legal action against you; and
vi. disclosure of such information to law enforcement authorities as we feel is reasonably necessary.
i. If we withdraw your right to use DiplomaTutors.com:
iv. you must not attempt to re-register to use DiplomaTutors.com.
16. Linking to the Site
a. You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.
b. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above.
c. If you wish to make any use of any content on the Site other than that set out above, please contact us at firstname.lastname@example.org.
17. Links to third party websites and resources
a. The Site may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
18. Events outside our control
19. Other important terms
20. Applicable law
b. Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.