Intro

Thanks for taking the time to learn about Peer tutor. This is where you'll find information about how we protect your privacy, Peer tutor's terms of service and how we handle user accounts. If you still have questions, please get in touch.

The following section is structured as follows:

  1. Terms of Service
  2. Client Policy - Student User
  3. Tutor Policy

Terms of Service

We welcome you to use the services of Peerz Academy, Inc. and its affiliates and partners (“Peer tutor”, “we”, “us”, “our”). Peerz Academy is the owner and operator of the Peer tutor application that helps users with homework or revision (the “Application”), and the related website located at www.peertutor.com and its subdomains (the “Site”) (the Application, the Site and all content provided through the Application and/or the Site collectively the “Service”).

These Terms of Use (collectively, the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Service, however installed, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Service. It is important that you read and understand the Terms. By downloading, installing, accessing or using the Service you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy Peer tutor.com/privacypolicy and that you agree to be bound by this agreement. Consequently, if you do not accept or understand the Terms, please do not use, download, access or register with the Service. If you do not agree to these Terms, you are not entitled to use the Service and you must promptly uninstall and delete all copies of the Application that consists part of the Service.

The terms “you” and “user” shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.

In addition to these Terms, you agree to abide by any supplemental policies and terms related to the Service, such as the client and tutor policies related to specific services (including without limitation to any SDKs that may be available with respect to the Service) as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference.

We wish to remind you that Peer tutor is an educational tool and should be used to aid learning. Using it for cheating on exams or homework will only be detrimental to you.

1. License

When using the application and the Peer tutor Services, You grant Peer tutor and the Tutor or Client the IP Licences set out in Your Client Policy or Tutor Policy respectively.

2. Eligibility; User Accounts

Use of the Service is subject to your continued compliance with these Terms. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are legally an adult where you live and agree to be bound by these Terms, or, if you are still legally a “minor,” that you are at least 13 years of age or older and have a parent’s or legal guardian’s permission to access and use the Service.

The Service is intended solely for your personal use. Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions.

You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

You are solely responsible for your use of the Service and for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for data usage on an Internet service provider’s or a wireless carrier’s network. Check with your carrier to determine the fees that apply.

3. COPYRIGHT LICENCE

We will terminate the privileges of any user who uses this Service to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Service as an instrument of unlawful infringement, We will terminate the infringing user’s rights to use and/or access this Service. We may, also in our sole discretion, decide to terminate a user's rights to use or access the Service prior to that time if We believe that the alleged infringement has occurred.

4. CONDUCT

You agree to provide true and accurate information when using the Service. You may NOT use another person's email address, Account details or the name of another individual when using this Service and agree to notify Peer tutor immediately of any unauthorised use of Your email or social media accounts or any other breach of security. Although Peer tutor cannot monitor the conduct of users off the Service, it is a violation to use any information obtained from this Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. We have a strict no contact policy between all tutors and students, a breach of this requirement will result in termination of your Peer tutor account.

5. GENERAL RESTRICTIONS ON USE

Peer tutor grants You permission to access and use the Service subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of this Licence on Your part. You agree:

  • a. not to sell, license, rent, distribute or otherwise exploit any content provided by Peer tutor (including, without limitation questions, answers and feedback) for any other purposes without the prior written consent of Peer tutor.
  • b. not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Services, including but not limited to any Content, in any medium without Peer tutor's prior written authorisation, unless Peer tutor makes available the means for such activity through functionality offered by the Services;
  • c. not to alter or modify any part of the Service or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • d. not to access or attempt to access the Accounts of other Clients or Tutors or penetrate or attempt to penetrate Peer tutor’s security measures;
  • e. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Services or the UGC or Content accessible via the Service.
  • f. not to use any area of the Site or the Services for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Services. We reserve the right to block access to this Service, with respect to any person who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms, or infringing Peer tutor’s rights. Breaching any terms on the Service will be deemed to be a breach of these Terms.
  • g. not to use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • h. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any user of the Site or the Services;
  • i. not to attack our Service via a denial-of-service attack or a distributed denial-of service attack.

By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990 and/or other relevant legislations/regulations in other jurisdictions. 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 Service will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software.

User Content

Responsibility for User Content; License

When you use the Service, you may generate User Content. “User Content” means any content created by you, such as any text, problems, photographs, pictures, data and information, or other content that you submit or is automatically submitted in the Service. In particular, the photographs and videos of problems that you may submit to the Service, or automatically submitted photographs and videos of problems that are automatically collected when you use the service, are User Content. You are solely responsible for your User Content, including complying with all laws applicable to your User Content. You agree not to submit to the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal User Content, or any User Content that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

You hereby grant, and you represent and warrant that you have the right to grant, to us a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty-free and fully paid right and license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, incorporate into other works and otherwise use and commercially exploit any User Content in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You agree to permanently waive any claims and declarations of moral rights or attribution with respect to your User Content. In particular and without limiting the generality of the foregoing, please note that any photographs and videos you submit to the Service, or photographs and videos submitted automatically to the Service by using the Service, or otherwise submit to us (such as photographs and videos of math problems) constitute User Content and by submitting them you grant us the right and license set forth above and give the representations and warranties set forth below.

You represent and warrant that:

  • a. You own, or have the necessary licenses, rights, and/or consents to submit your User Content in the Service;
  • b. Your User Content, and our exercise of our rights as stated in these Terms, do not and will not violate, misappropriate or infringe any intellectual property right or other right of any third party, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
  • c. You possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of your User Content by us as permitted in these Terms; and
  • d. Your User Content is not pornographic, obscene, libelous, defamatory, tortious, harassing or otherwise unlawful.

Examples of Prohibited User Content

The following types of User Content are examples of User Content that is prohibited in the Service:

  • a. User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • b. Harassing User Content;
  • c. "Junk mail", "chain letters," or "spam";
  • d. User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • e. User Content of commercial nature without authorization from us.

We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.

UGC is automatically screened by Two Hats a third party best in class moderation platform to reduce the chance of any offensive, inappropriate content being viewed by any user. If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at [email protected].

For instructions on how to report intellectual property issues, please see Section 9 (“Copyright Infringement”) below.

User Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to Peer tutor. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. PROHIBITED CONTENT

The following is a partial list of content which is illegal or prohibited on the Service. You agree that You will not submit any UGC to the Site that:

  • a. is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • b. could be harmful to minors;
  • c. harasses or advocates harassment of another person;
  • d. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • e. promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • f. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • g. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • h. displays pornographic or sexually explicit material of any kind;
  • i. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • j. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • k. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • l. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

8. PRIVACY AND CONFIDENTIALITY

This Licence incorporates our Privacy Policy and Cookie Policy by these references which apply in full to Your use of the Service.

9. AVAILABILITY AND SECURITY OF THE SERVICE

Peer tutor does not warrant the validity and accuracy of information on the Service is kept up-to-date. The Services are delivered on an "as-is" and "as-available" basis. Peer tutor shall use reasonable endeavours to ensure that the Service and any information it holds on You are kept secure. However, due to the nature of the internet, Peer tutor does not represent or warrant to

You that:

  • a. Your use of the Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
  • b. Your use of the Services will meet Your requirements;
  • c. any information obtained or downloaded by You as a result of Your use of the Services will be accurate, reliable or free of viruses or contamination or destructive features;
  • d. Your shared UGC will not be used by a third party in various ways;
  • e. there will not be any defects in the operation or functionality of any software provided to You as part of the Services; and,
  • f. those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.

10. HYPERLINKS AND SEARCH RESULTS

The Service may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and Peer tutor does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Service to search for or link to another site, You agree and understand that You may not make any claim against Peer tutor for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. Peer tutor advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.

11. SUSPENSION AND TERMINATION

11.1 You acknowledge that Peer tutor has noobligation to monitor any UGC or other Content provided by third party users. You further understand and agree that in Peer tutor's sole discretion, and without prior notice, Peer tutor may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Service at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if Peer tutor believes that the UGC You provided has violated or is inconsistent with this Licence or violated the rights of Peer tutor or another Peer tutor Member. Notwithstanding this, You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.

11.2 Peer tutor may release user information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

11.3 You agree that monetary damages may not provide a sufficient remedy to Peer tutor for violations of this Licence and You consent to injunctive or other equitable relief for such violations.

11.4 You acknowledge and agree that to improve the Service, Peer tutor may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at Peer tutor's sole discretion, without prior notice to You.

12. YOUR WARRANTIES

12.1 You represent and warrant that:

  • a. You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable Peer tutor to use or display Your UGC in the manner contemplated by the terms of this Licence;
  • b. You are happy to share Your UGC with other Clients and/ or Tutors as the case may be who access and/ or register on the Site to the extent required for the Services to be delivered as intended;
  • c. You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for Peer tutor to use or possess in connection with the provision of the Interactive Services;
  • d. the UGC that You submit to the Interactive Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Peer tutor the licence referred to in clause 1 above;
  • e. You will comply in particular at all times with clauses 4, 5, 7 and 8 of this Licence relating to Conduct, General Restrictions on Use, Prohibited Content and Privacy and Confidentiality; and,
  • f. You will keep Your Peer tutor Login details secure and confidential.

13. INDEMNITY

13.1 You agree that You are solely responsible for any breach of Your obligations under the Licence and for the consequences of any such breach.

13.2 You agree to indemnify and hold Peer tutor harmless from any loss, liability, claim or demand, including reasonable legal fees, incurred by or asserted against Peer tutor, arising out of or in connection with

  • a. any breach of the terms of this Licence (including the Privacy Policy and the Cookie Policy as duly incorporated) or breach of warranty by You or by Your acts or omissions;
  • b. any breach by a third party arising out of Your use of the Service or by Your acts or omissions, including also Your use of the Site and/ or the Services to provide a link to another website or to upload UGC or other information to the Site (unless You have a formal licence or permission from the rightful copyright owner, or are otherwise legally entitled, to post the UCG in question and to grant Peer tutor and the Tutor and/ or the Client the licences); and,

14. LIABILITY

14.1 Nothing in this clause 15 shall exclude or restrict Peer tutor’s liability for:

  • a. fraudulent misrepresentations;
  • b. any liability where the law does not permit such exclusion of liability; and,
  • c. death or personal injury arising from negligence.

14.2 Peer tutor shall not be in breach of any of its obligations under this Licence which arises or occurs due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Licence.

14.3 Subject to clause 15.1, Peer tutor shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Service, any loss or damage which may be incurred by You as a result of:

  • a. any breach by You of this Licence or breach of warranty by You or the acts or omissions of You including Your use of or inability to use the Service in accordance with the terms of this Licence;
  • b. any reliance placed by You on the completeness, accuracy or existence of any advertising;
  • c. any changes which Peer tutor may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
  • d. the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Services;
  • e. the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and
  • f. the acts, omissions and conduct of any third party users in connection with or otherwise related to

Your use of the Site and/ or the Services.

14.4 The limitations on Peer tutor’s liability to You in this clause 15 shall apply whether or not Peer tutor has been advised of or should have been aware of the possibility of any such losses arising.

14.5 Except as expressly set out in this Licence, Peer tutor gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.

15. ENTIRE AGREEMENT/ SEVERABILITY

This Licence incorporates our Privacy Policy and Cookie Policy and the Tutor Policy and/ or the Client Policy (where applicable) which together constitute the entire agreement between You and Peer tutor in relation to Your use of the Service and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting the Licence, the remaining terms shall remain valid and in force.

16. ASSIGNMENT

This Licence shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Peer tutor’s prior written consent. Peer tutor reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as Peer tutor or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Service.

17. NO WAIVER

Failure by either Peer tutor or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

18. THIRD PARTY RIGHTS

You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.

19. LAW AND JURISDICTION

All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the exclusive jurisdiction of the English Courts.

We keep our statement under regular review. This statement was last updated on 7th March 2019.

Client Policy - Student User

These Terms and Conditions form a legally binding agreement between Peer tutor and you (namely, the Student User). You hereby acknowledge and agree that these Terms and Conditions apply to your access to, and use of any services through the Website and the Mobile Applications. If you do not agree to be bound by all of these Terms and Conditions, please do not access or use the Peer tutor Service.

Use of the Service is subject to your continued compliance with these Terms. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are legally an adult where you live and agree to be bound by these Terms, or, if you are still legally a “minor,” that you are at least 13 years of age or older and have a parent’s or legal guardian’s permission to access and use the Service.

1. Definition and Interpretation

In these terms and conditions, unless the context otherwise requires:

  • a) "Content Provider" means any User who provides contents in specified forms for educational, training, academic and/or tutoring purposes pursuant to his respective agreements with Peer tutor;
  • b) "Mobile Application" means mobile application "Peer tutor for iOS and Android devices and any modified or updated versions of the aforesaid devices;
  • c) "Parties" means Peer tutor and Student User;
  • d) "Provided Content" means all contents and materials in all specified formats provided by Content Provider; and
  • e) "Peer tutor" means the Peer tutor services and application as owned by Peerz Academy Ltd;
  • f) "Peer tutor Service" means any academic tutoring platform services provided through the Mobile Application and/or on the Website;
  • g) "Student User" means any User who has signed up to Peer tutor Services as a student and has subscribed to designated plans to post questions on the academic tutoring platform provided under Peer tutor Service;
  • h) "Tutor" means any User who has signed up to Peer tutor Service as a tutor and provide answers and/or solutions to questions posted by the Student User on the academic tutoring platform provided under Peer tutor Services;
  • i) "User" means Student User, Tutor, Academic Institutions and Content Provider; and
  • j) "Website" means the website www.Peer tutor.com or any other website as directed by Peer tutor from time to time.

2. Peer tutor Service

Peer tutor Service provides an online academic tutoring platform accessible through the Mobile Application and the Website, on which Student User is permitted to post questions or request feedback in relation to their academic studies at any time, and Tutor may at his discretion provide answers and/or solutions to any questions posted.

Student User hereby acknowledges and agrees that Peer tutor only acts as an intermediary between Tutor and Student User, and Peer tutor does not act as the agent of Tutor or Student User or any other User. The User who intends to use Peer tutor Services as a Student User must sign up to Peer tutor Services and register as a Student User through the Mobile Application or the Website. During the registration, the Student is required to provide personal information and data, failing which no registration will be proceeded.

Peer tutor has the sole right and discretion to request the Student User to provide further and additional documents and information in order to facilitate verification of identity, and may refuse registration and/or suspend any services if the Student User fails to provide the requested documents and/or information within the requested period. After the completion of verification, the Student User will be informed, by way of email, to activate the Student User's account.

3. Payment

Student User needs to add credits to access the services on Peer tutor.

Peer tutor only accepts the payment methods prescribed in the Mobile Application. Student User may from time to time change or update the payment method. By selecting online payment, Student User hereby expressly authorizes Peer tutor to bill and charge credits from his designated account or his credit card.

The Student User hereby agrees that the pricing information of any Peer tutor Service currently contained on the Website and the Mobile Application are only reflecting the current pricing. The pricing will be changed or revised from time to time.Peer tutor shall have absolute rights to change or revise the pricing from time to time without any prior notice to or consent of the Student User.

4. The Student User

Student User can post questions in relation to his academic studies in an online tutoring platform. The number of questions to be posted is subject to the credits purchased by the Student User.

Student User hereby expressly agrees and undertakes that the questions posted must be for the Student User's own study or academic or educational purposes. Peer tutor shall have absolute rights to determine the purpose or nature of the questions and remove any question it deems inappropriate without any prior notice.

Peer tutor has absolute rights to at any time suspend or terminate the Student User's account without any prior warning notice if (i) the personal information or academic credential provided by the Student User during the registration are incorrect, false, not updated or incomplete, or (ii) Peer tutor is of the opinion that the Student User's actions or behaviours or interactions with any other User on the platform or otherwise has prejudiced to the enjoyment of Peer tutor Services by any other Users, or has prejudiced to the reputation or operation of Peer tutor or Peer tutor Service, or (iii) the Student User is in breach of or fails to comply with these Terms and Conditions or (iv) the Student User fails to pay membership fee or any payment.

Without prejudice to any rights of Peer tutor under these Terms and Conditions, Peer tutor shall have right to report and provide reasonable assistance to any law enforcement agent or judicial authorities of UK and/or other jurisdictions for any suspected illegal activities observed in Student User's actions or behaviours or interactions with any other User on the platform or when using Peer tutor Service.

5. No Disclosure of Personal and Contact Information

Student User agrees that the questions must not contain any of personal contact information (including but not limited to phone number, email, social media account or address) and any information which enable the Tutor or any other User to contact or reach Student User (or any third parties) outside the platform. Student User is also prohibited from requesting or making enquires on any personal contact or information from Tutor or other User.

Peer tutor strictly prohibits provision or exchange of contact information between Users. Peer tutor does not encourage communication, correspondence or interaction of any kind outside the platform of Peer tutor Service.

Peer tutor shall not be responsible for any interactions amongst Users outside the platform of Peer tutor Service.

6. Ownership

The Website and the Mobile Application, together with Peer tutor Service, are exclusively owned and operated by Peer tutor. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any materials or contents on the Mobile Application or the Website is allowed or permitted without prior written consent from Peer tutor.

7. Intellectual Property Rights of Contents and Materials

Peer tutor is the exclusive owner of intellectual property rights of all contents and materials of the Peer tutor Service, including but not limited to the questions, answers and solutions. Student User shall not disclose, leak, spread, publish, distribute, release or disseminate any questions, answers or solutions obtained from and/or provided on the platform to any third parties outside the platform without prior written consent of Peer tutor.

8. Representations, Warranties and Undertakings

Student User hereby warrants and undertakes that:

  • a) Student User will not use the Mobile Application and/or the Website and/or Peer tutor Service for any unlawful or immoral purposes;
  • b) the Student User has not been refrained from entering into these Terms and Conditions;
  • c) Student User's access to, or use of the Mobile Application and/or the Website and/or Peer tutor Service is not illegal or prohibited by law; and/or
  • d)the Student User will not post any questions or contents which are improper, offensive, defamatory, indecent, obscene, violent, explicit or legally prohibited or irrelevant contents. Student User hereby warrants and undertakes not to use the Mobile Application and/or the Website and/or Peer tutor Service in the following ways:
    1. engaging in any illegal or immoral activities;
    2. infringing the intellectual property rights of any third party; and/or
    3. interfering with or disrupting (or attempting to interfere with or disrupt) any servers or networks connected to the Mobile Application or the Website.

9. Limitation of Liability and Disclaimers

Peer tutor shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by Student User arising from or in connection with: (a) Student User's access to, or use of Peer tutor Service, the Website or the Mobile Application; (b) any decision or action taken by Student User in reliance on any content or information thereof; or (c) any error or defect in the Website or the Mobile Application, or (d) any answer or solution obtained from the Tutor or through the use of the Mobile Application and/or the Website.

Peer tutor does not warrant, represent or guarantee the following:

  • a) the questions posted by Student User will be answered, or that the answers and/or solutions provided by Tutor are true, correct, update, completed and/or accurate;
  • b) the accuracy, completeness, reliability, usefulness, update or suitability of the Student User's use of Peer tutor Service. The Student User is responsible for the use of any information or contents obtained from Peer tutor Service, either through the Mobile Application or the Website and either the information or contents are provided by Peer tutor, its advertising clients, other Users or otherwise. The Student User should make his own enquiries to check if the information so obtained is accurate, complete, reliable, updated and suitable for his intended use;
  • c) the identity of Users of Peer tutor Servics or the accuracy of information provided in the course of the other Users' registration or use of Peer tutor Service. For avoidance of doubt, Peer tutor does not conduct inquires on the personal background or criminal records of any User. Therefore, the Student User is at his own risk and responsibility for all interactions with other User of Peer tutor Service. Peer tutor is not responsible for any loss or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential or incidental, arising out of or relating to the conduct of other Users in the course of using Peer tutor Services, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the Student User’s interaction with any other Users in the course of using Peer tutor Services;
  • d) the Website, the Mobile Application or Peer tutor Service will be uninterrupted or error-free, defect-free or virus-free;
  • e) any electronic files available through the Website or the Mobile Application will be free of any harmful code or virus; and
  • f) the Website or the Mobile Application is compatible with the Student User’s mobile device or computer.

All information appearing in the Mobile Application and on the Website is of education or academic nature only and is not intended to constitute professional, medical, financial or any other advice on otherwise aspects. The Mobile Application and the Website may provide information that includes the views or recommendations of others that are not necessarily views of Peer tutor.

10. Indemnification

The Student User shall indemnify, defend, and hold harmless Peer tutor, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys', investigators', and experts'; (or similar) fees, disbursements and costs incurred, in connection (i) with the Student User's use of use Peer tutor Service, (ii) in connection with the Mobile Application and/or the Website and/or Peer tutor Service, (iii) with regard to any dispute between the Student User and other Users, or (iv) Student User's violation of these Terms and Conditions, or (v) arising from Student User's violation of any rights of a third party.

11. Termination

Peer tutor may terminate or suspend the Student User's account and the Student User's access to Peer tutor Service through the Mobile Application or on the Website, if Student User breaches any provision of these Terms and Conditions. Peer tutor may, at its discretion, terminate Student User's account without the need to provide reasons and without any prior notice.

Peer tutor may change, suspend or discontinue any aspect or feature of Peer tutor Service, the Mobile Application, the Website and the settings of Student User's account at any time without any prior notice.

12. Privacy Policy

The Student User hereby acknowledges and agrees to be bound by the terms of the Peer tutor‘‘s Privacy Policy as stated on the Website and the Mobile Application, inter alia, not to disclose or make use of any personal data of any other User without prior written consent of such User.

13. Copyright Policy

The Student User hereby acknowledges and agrees to be bound by the terms of the Copyright Policy as stated on the Website and the Mobile Application.

14. Third Party Links

The Student User hereby acknowledges that the Mobile Application and the Website may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Mobile Application and the Website. Links to and from the Mobile Application and the Website to other mobile applications or sites, maintained by third parties, do not constitute an endorsement by the Peer tutor or any affiliate of any third-party site or content. Peer tutor is not responsible for the availability of these third-party resources, or their contents. Peer tutor has not reviewed any or all of the mobile applications or sites linked to the Mobile Application and the Website and is not responsible for the content of any third-party pages or any other mobile applications or sites linked to the Mobile Application and the Website. The Student User's linking to other third-party sites is at his own risk. By clicking on any such link, the Student User acknowledges that the Mobile Application and the Website have no control over, and makes no representations of any kind with respect to, such other mobile applications, sites or any content contained within such other mobile applications or sites, and the Student User hereby revokes any claim against Peer tutor with respect to such other sites. The Student User should direct any concerns regarding any external link to its mobile application or site administrator or Webmaster.

15. Miscellaneous

These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.

The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.

If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa. In these Terms and Conditions, thee headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.

Unless specified otherwise herein, all notices must be in writing and addressed to the other party's email address. The notice will be deemed given when verified by automated receipt or electronics lots.

These Terms and Conditions is governed by and shall be construed in all respects in accordance with the laws of UK and all the Parties hereto hereby submit to the exclusive jurisdiction of the English and Welsh courts in connection with any matters arising hereunder.

16. Modifications

The Student User hereby acknowledges and agrees that Peer tutor shall the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. Peer tutor shall send the Student notification in respect thereof by way of emails and pop-up messages of the Mobile Application and post the notice in respect thereof on the Website.

Effective Date

These Terms and Conditions are effective from 7th March 2019

Tutor Policy

These terms and conditions and all documents referred to in them, herein referred to as the Tutor Terms set out the terms and conditions under which Peerz Academy Limited, a company registered in England and Wales (with Company No. 10333302) with its registered office at Rivergreen Centre, Aykley Heads, Durham, DH1 5TS (herein referred to as Peer tutor or We) allows the Tutor (as defined below), to access and use the Peer tutor Services (as defined below) at www.peertutor.com (the Site) and Peer tutor application (the “Application) which is dedicated to facilitating the delivery of Tutoring Services (as defined below) direct to Clients/Students (as defined below), as applicable (the Agreement).

In these Tutor Terms, references to Tutor, You and Your are references to the Tutor registered on the Site who wishes to use the Peer tutor Services in order to provide Tutoring Services. When You use the Site and the Peer tutor Services, You agree that these Tutor Terms apply to that use in addition to any other terms and conditions which may apply including the Privacy Policy, the Cookie Policy, the Terms of Service and any other documents referred to in these Tutor Terms (where applicable) which are incorporated into the Agreement by this reference. If You are uncertain as to Your rights under these Tutor Terms (or any other terms and conditions and/or documents referred to in these Tutor Terms) or You want any explanation about any of them please contact us.

1.YOUR AGREEMENT WITH Peer tutor

These Tutor Terms govern the activities of Tutors in relation to use of the Peer tutor Service and delivery of the Tutoring Services. By using the Service, You accept these Tutor Terms in full. Peer tutor reserves the right to change these Tutor Terms (or any part of them) at any time, effective immediately upon posting on the Service. Please check the service periodically for any updates to these Tutor Terms. Please read these Tutor Terms carefully and ensure that You fully understand them before proceeding to use the Site and/or the Peer tutor Services and/or deliver the Tutoring Services. If You disagree with any part of the Tutor Terms (or any terms and conditions and/or other documents referred to in them), do not use the Site or the Peer tutor Services or deliver the Tutoring Services.

2. DEFINITIONS

Unless the contrary intention appears, the following definitions shall apply in these Tutor Terms as well as other terms defined in bold throughout these Tutor Terms:

  • Account the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the Peer tutor Services via Your Peer tutor Login and through which you can provide Tutoring Services.
  • Client means a person contacting Peer tutor with a view to directly entering into a formal contractual relationship with a Tutor for the provision of Tutoring Services.
  • Client Fees means the amounts collected by Peer tutor from Client on behalf of the Tutor for the Tutoring Services.
  • Client Ratings means the ratings left by a Client on the application in response to the performance of the Tutoring Services by a Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
  • Confidential Information means any information which is imparted or obtained under this Agreement by Peer tutor to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of Peer tutor including, but not limited to information pertaining to Clients, logging in, Client Ratings or other feedback, Peer tutor correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of Peer tutor which might reasonably be considered to be confidential in nature.
  • Contract means the terms upon which, You provide Tutoring Services for any one Client as agreed between Peer tutor (on Your behalf) and the Client via the Site.
  • Current Account means Your nominated bank account which will accept payments by BACS.
  • Data Protection Legislation the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
  • Dispute means any dissatisfaction expressed by a Client or any complaint made by a Client or any other dispute or potential dispute or claim of a Client in connection with the provision of the Tutoring Services rendered by You (or the provision of the Peer tutor Services which is communicated to You).
  • Feedback (s) refers to a type of Tutoring Service which can be arranged and purchased on the Site and which is delivered instantly subject to immediate payment of Peer tutor Credits.
  • Intellectual Property Rights patents, rights to inventions, copyright and related rights, trademarks, 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, liens and expenses.
  • Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
  • Peer tutor Balance refers to the online electronic wallet which holds Sponsor’s Peer tutor Credits that can be redeemed against the purchase of Tutoring Services from the Tutors on the Site.
  • Peer tutor Credit(s) represents the pre-paid credits held in the Peer tutor balance with which the Tutoring Services can be purchased from the Tutors on the application upon redemption. One (1) Peer tutor Credit represents one (1) pound sterling.
  • Peer tutor Login refers to Your unique username and password.
  • Peer tutor Payments the amounts retained by Peer tutor from the Client Fees in consideration for the provision of the Peer tutor Services to Tutor.
  • Peer tutor Services the provision of an online platform (i.e. a website) whereupon Peer tutor provides an online marketplace for Clients to contact Tutors. The Peer tutor Services further include a database of Tutors, Students, back office support including customer services, billing, website and IT services including the use of the virtual classroom.
  • Peer tutor Tools refers to the minimum requirements for carrying out the Tutoring Services via the application including the use of a mobile phone, recommended browser and a broadband internet connection (with sufficient bandwidth).
  • PoCA refers to the Protection of Children Act.
  • PoVA and List 99 refers to the Protection of Vulnerable Adults scheme.
  • Question(s) refers to a type of Tutoring Service which can be arranged and purchased on the Site and which is delivered instantly subject to immediate payment of Peer tutor Credits.
  • Referral Discount Code refers to the promotional discount code that Peer tutor may provide to registered Sponsors to pass on to new prospective Sponsors of potential Students, the value of which can be redeemed against the first Tutoring Service ordered.
  • Refund Event means where Peer tutor provides a refund to a Client on behalf of a Tutor for any reason including but not limited to:
    • a. where Tutoring Services not performed or completed or for any other similar reason;
    • b. where a Refund Request Notification is received;
    • c. where Tutoring Services are not performed to a Client’s reasonable satisfaction.
  • Refund Request Notification refers to the email Sponsor must send to Peer tutor to request a refund of the funds held in the Peer tutor Wallet by way of Peer tutor Credits.
  • Selection Process refers to the process determined by Peer tutor from time to time whereby Tutors may be selected to provide Tutoring Services to Clients by accessing and using the Site and the Peer tutor Services.
  • Services means the Peer tutor Services and the Tutoring Services provided by the Tutor.
  • Student means a person receiving the Tutoring Services via the Site as performed by You.
  • Tutor means a registered tutor who has been selected to carry out the Tutoring Services by way of delivering Tutorials.
  • Tutor Bank Account means the bank account where Client Fees are held on behalf of the Tutor prior to the completion of the Tutorial and Peer tutor transferring the Tutor Fees to Tutors.
  • Tutor Fees means the amounts received and payable by Peer tutor to Tutor less any Peer tutor Payments (as distinct from the Client Fees).
  • Tutor Messaging means the internal notification system available for Peer Tutor to contact Tutors and vice versa via the application.
  • Tutoring Services means the provision of online tutoring by the Tutor to the Client by way of individual answers and feedback in real-time and, suitably tailored to meet the individual requirements of the Students.
  • UGC means user generated content provided (including recordings), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by Peer tutor and a Client.
  • VAT means value added tax chargeable under English law for the time being and any similar additional tax.
  • Written Notice means any notice given under this Agreement 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) its address submitted during the Selection Process and (in the case of Peer tutor), the registered address.

3. BECOMING A TUTOR

3.1 To be entitled to become a Tutor via the Site by making use of the Site and the Peer tutor Services and delivering the Tutoring Services, You agree that these Tutor Terms apply to that use in full. It is in Peer tutor’s absolute discretion to decide if You qualify (or continue to qualify) as a Tutor upon successful completion of the Selection Process. You will first register on the Site and complete a short online application form (Initial Application). If Your Initial Application is successful, You will be registered on the application as a verified tutor and sent the relevant training resources. If successful, You will complete a further registration by providing a short profile and selecting an avatar.

3.2 In order to provide You with maximum protection, during registration, You will be asked to input Your username (which will be Your email address) and to choose a password to access your Account on the Service in accordance with these Tutor Terms. You will keep Your password relevant to the Service confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your Peer tutor Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify Peer tutor immediately by email at [email protected] of any unauthorised use of Your Account of which You become aware (with ‘IMPORTANT – PASSWORD’ in the subject line).

3.3 Once a Tutor has been selected to provide the Tutoring Services via the Service and has a secure Peer tutor Login, the Tutor can benefit from full use of the Service and the Peer tutor Services. The Service enables Tutors to select when they are available to answer questions and provide feedback on students work. Tutors can promote via Tutoring Services on a freelance self-employed basis to Students who in turn, are assigned a Tutor to answer questions or provide feedback tailored to their individual requirements.

3.4 Peer tutor reserves the right to suspend or terminate Your ability to render Tutoring Services at any time and for any reason without liability to Peer tutor. Where terminated, Your Peer tutor Login and Account shall be deactivated. In particular, and without limitation, Peer tutor reserves the right to terminate your ability to render Tuition Services and your Peer tutor Login after a one (1) month long continuous period of inactivity which means that You will no longer be permitted to deliver Tutoring Services via the application. You will not be permitted to re-access the application and the Peer tutor Services without Peer tutor’s express written permission.

3.5 You acknowledge and accept that Peer tutor has authority to enter into Contracts (with Clients) on Your behalf and Peer tutor will notify you of any such Contracts once they are concluded.

3.6 For the avoidance of any doubt, Peer tutor does not provide the Tutoring Services or enter into any contract with the Tutor, Client and/or Student in respect thereof but simply facilitate the provision of the Tutoring Services by Tutors to their Clients via the Service.

Tutor Obligations

4.1 When You make use of the Service and when You provide Tutoring Services to Your Students, You must comply with any operational and/or other requirements as directed by Peer tutor and as amended from time to time and in accordance with these Tutor Terms. You further and specifically agree to:

  • a. provide Peer tutor with Your Current Account details (which must be a UK bank current account and held in the Tutor’s single name only) in order to enable payment of the Tutor Fees;
  • b. provide further answers or feedback(s) (where applicable) to provide feedback to the Client and correct any defective work highlighted following a Dispute investigated by Peer tutor and do so at no cost to any party;
  • c. assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation of lessons by the Tutor and becoming familiar with all relevant lesson content on the Site;
  • d. advise Peer tutor at the earliest opportunity should Your circumstances change in relation to Your access to Peer tutor Tools. You accept full responsibility for any Client Disputes raised as a result of issues connected to the performance of your Peer tutor Tools affecting the performance of Your Tutoring Services;
  • e. provide the Tutoring Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and by using such lesson content as provided by Peer tutor from time to time through the Site;
  • f. obtain, use and maintain in good working order Your Peer tutor Tools required for You to access and carry out the Tutoring Services in accordance with these Tutor Terms. Any problem concerning a technical issue regarding a Tutor’s personal mobile phone, internet service provider or other Peer tutor Tools is not the responsibility of Peer tutor.
  • g. provide the Tutoring Services in accordance with the Client’s legitimate instructions and devote as much time to the provision of those Tutoring Services as may be necessary for their proper performance; h. provide promptly and give to the Client all such information as they may reasonably require in connection with the provision of the Tutoring Services;
  • i. act at all times in accordance with the highest professional standards;
  • j. only accept instructions within Your sphere of abilities and competency;
  • k. notify Peer tutor immediately should You become incapacitated in any way and unable to provide the Tutoring Services. Peer tutor can notify any Client concerned if You have not already done so. Depending on the circumstances, Peer tutor and Tutor shall discuss in good faith a possible postponement of the Tutoring Services and in relation to the particular Client affected, the postponement or reassignment to another Tutor or cancellation and subsequent refund;
  • l. use all reasonable endeavours to ensure availability at all times on reasonable notice;
  • m. pay for all service, telephony and/or other fees and costs associated with Your access to and use of the Peer tutor Services;
  • n. procure, maintain and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to and use of the Peer tutor Services;
  • o. ensure that any information provided by You to Peer tutor remains true, accurate, up-to-date and complete at all times;
  • p. Notify Peer tutor immediately if you encounter any inaccuracies in any content on the Site whether in relation to the lesson content or otherwise;; and
  • r. Notify Peer tutor immediately if anything inappropriate is communicated or done during the provision of any Tutoring Services.

5. Peer tutor OBLIGATIONS

5.1 In consideration of the Peer tutor Payments, Peer tutor agrees to:

  • a. provide the Peer tutor Services with all due care, skill and ability and in a timely manner;
  • b. devote as much time to the provision of the Peer tutor Services as may be necessary for their proper performance;
  • c. provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the Peer tutor Services.

5.2 As an online service, Peer tutor may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. Peer tutor makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Service and/or the Peer tutor site.

5.3 You are solely responsible for validating the interoperability and proper functioning of the Peer tutor Tools.

5.4 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Peer tutor Services and/or provide the Tutoring Services. Peer tutor uses all reasonable endeavours to make the Services available to all Tutors and Clients and where this is not possible for any reason whatsoever, Peer tutor shall not be responsible nor liable to You as a result including for any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:

  • a. Your failure to at least meet the minimum system requirements.

6. CLIENT FEES, TUTOR FEES AND Peer tutor PAYMENTS

6.1 Tutor authorises Peer tutor as its agent to accept any credit or debit cards or other forms of payment approved by Peer tutor in connection with the provision of the Tutoring Services via the application including Mastercard, Visa and Maestro debit cards on the Tutor’s behalf. Payments will be made through the relevant app stores.

6.2 Tutor authorises Peer tutor to charge and collect on behalf of Tutor, the face value of Tutoring Services from Clients. Peer tutor holds all Client Fees (which will be based on the number of undisputed and completed Tutoring Services) for the Tutor in a dedicated Tutor Bank Account for a limited time and is entitled to retain the full amount of Peer tutor Payments it charges to Tutor in consideration for the Peer tutor Services provided prior to releasing the Tutor Fees to Tutor.

6.3 All costs relating to answers and feedback and Peer tutor Payments are reviewable by Tutors and Peer tutor and any revised fees and charges shall take effective immediately upon posting on the Service and will be applicable to all bookings made after such posting. Tutors and Peer tutor agree that the costs relating to Tutorials and Peer tutor Payments as advertised on the Site from time to time will be the cost used for Peer tutor Services at all times.

6.4 You confirm that You are self-employed under these Tutor Terms, and You are directly responsible to Her Majesty’s Revenue & Customs (HMRC) for all Income Tax, VAT, other relevant taxes and relevant National Insurance contributions and all matters arising out of any of the aforementioned. It is therefore necessary for You to keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns. You hereby agree to fully indemnify Peer tutor for or against all and any demands by HMRC to Peer tutor for Income Tax, VAT, other relevant taxes or National Insurance contributions, or any other claim by HMRC, including any interest or penalties, arising out of Your failure to account properly or at all for any liabilities to HRMC arising from Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by Peer tutor in dealing with any such claim by HMRC.

7. SETTLEMENT

7.1 Peer tutor shall pay to Tutor an amount equal to the gross Tutor Fees collected by Peer tutor, less any Peer tutor Payments and other charges for Peer tutor Services made in connection with this Agreement. Such payments shall be made monthly.

7.2 In response to a Dispute, if any Refund Event occurs, Peer tutor will be entitled, in its sole discretion to refund the Client on behalf of the Tutor in full or in part. In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees respectively.

7.3 If any Refund Event occurs subsequent to the Tutor receiving the Tutor Fees from Peer tutor, Peer tutor shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by Peer tutor under this Agreement from any gross Tutor Fees collected by Peer tutor thereafter to enable Peer tutor to refund the relevant Client on the Tutor’s behalf. Peer tutor shall be entitled to repay such monies to the Client at its discretion. The Tutor shall be responsible for all chargebacks and/or refund requests on Tutorials performed and shall indemnify Peer tutor against all Losses resulting from chargebacks and/or refund requests.

7.4 Tutor authorises Peer tutor to self-bill for all the Peer tutor Services until revoked and acknowledged in writing. Peer tutor shall be entitled to make any settlement payment to Tutor by BACS, whereby funds are transferred direct to the Current Account of the Tutor (or to such other bank account as the parties agree in writing). Monies should show in the Current Account within three (3) days.

8. INTELLECTUAL PROPERTY

8.1 When using the Peer tutor Services to deliver the Tutoring Services, if You publish any UGC via the Service by way of e.g. delivering answers and feedback, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:

  • a. to Peer tutor, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Peer tutor Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
  • b. to each user of the Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement. ‘Publicly accessible’ areas of the Site are intended by Peer tutor to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not. You acknowledge that the UCG uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.

8.4 All Intellectual Property Rights in all Materials produced by You pursuant to using the Services shall be Your property. For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including without limitation any material, communication, information or ideas so communicated, posted or otherwise transmitted by any Students or Tutors.

8.5 The Intellectual Property Rights contained on the Site and in connection with the Peer tutor Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without Peer tutor’s written permission. You acknowledge that all Intellectual Property Rights in and relating to Peer tutor are owned by Peer tutor or Peer tutor’s Licensors.

8.6 No materials, content and Intellectual Property Rights created for and/or used in connection with the Tutoring Services shall be used in delivery any tutoring or similar services to any person other than through the Peer tutor Services.

8.7 The Tutor is responsible for any USG they upload into the system. The USG should be of the highest quality and not be deemed to be prohibited content under section 7.0 in the Terms and Conditions.

9. Incomplete questions and feedback

9.1 In the event that you do not answer a question or provide feedback in the 30 minutes timescale, the question or feedback will be reallocated to another tutor. You will receive no credits for incomplete answers or feedback.

10. CLIENT RATINGS, FEEDBACK AND OTHER ACTIVITIES

10.1 It is a feature of the Service and the Peer tutor Services that the Client will leave Client Ratings.

10.2 Where deemed necessary, Peer tutor is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time. Whether such feedback is complimentary or more akin to a Dispute, where deemed necessary, Peer tutor is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, Peer tutor is entitled to suspend or terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the Peer tutor Services by termination under clause 13.

10.3 Once you submit your answer or feedback, your student will complete feedback or comments or suggestions for a Client (which a Client will be able to access via their Account).

10.4 Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Tutor's obligations under this Agreement.

11. DATA PROTECTION AND PRIVACY

11.1 In respect of any Personal Data (as defined in the Data Protection Act 2018 (the ‘2018 Act’)) processed by Peer tutor and Tutor pursuant to these Tutor Terms, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation and any regulations made thereunder (including but not limited to the Data Protection Principles, as defined in the Data Protection Legislation). These Tutor Terms incorporate Peer tutor’s Privacy Policy and Cookie Policy by this reference.

11.2 The Tutor hereby agrees that by releasing any Personal Data as submitted by the Tutor on the Site, You acknowledge that You are wilfully providing Your Personal Data in an attempt to initiate contact with one or more potential Clients. You understand that by accepting these Tutor Terms, You agree that Peer tutor and the Site are not responsible for any advice or information given by a Tutor who a potential Client elects to initiate communication with and that by releasing any of Your Personal Data, it is understood that You hereby forfeit Your privacy and anonymity under these Tutor Terms to the extent necessary to utilise the Services.

11.3 Use of the Service is entirely at a Tutor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering in to legally enforceable Contracts to provide Tutoring Services to a Client.

12. CONFIDENTIAL INFORMATION AND PUBLICITY

12.1 The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information. Each party shall, during the term of this Agreement and thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any Confidential Information which may become known to such party from the other party and which relates to the other party, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.

12.2 Confidential Information shall not include information that (i) is or becomes generally available to the public other than as a result of the breach of the confidentiality obligations in this Agreement by the receiving party, (ii) is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or (iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv) above, the source of such information was not known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.

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. On termination or expiry of this Agreement, You shall immediately return all Confidential Information in Your possession together with all copies thereof; or, if required to do so, destroy all Confidential Information in Your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to Peer tutor that this has been done.

13. TERMINATION

13.1 These Tutor Terms shall commence on the date you sign up to the Service and shall continue unless terminated:

  • a. with immediate effect without notice or compensation pursuant to clauses 3.4, 10.2 or 13.2; or,
  • b. with immediate effect without compensation upon either party serving Written Notice on the other.

13.2 Peer tutor reserves the right to terminate this Agreement with You immediately without compensation nor Written Notice if You commit a breach of any of these Tutor Terms, or if:

  • a. any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
  • b. Your performance of the Tutoring Services is deemed by Peer tutor in its absolute and sole discretion to be unsatisfactory;
  • c. You act in any way that has brought, or could bring, Peer tutor or its business in to disrepute;
  • d. You are convicted of a criminal offence or are the subject of any investigation, which may in Peer tutor’s opinion affect your role as a Tutor;
  • e. You are unable to carry out your duties for any reason whatsoever; or,
  • f. You do not show up at a Tutorial without having cancelled it or You repeatedly cancel Tutorials.

13.3 In the event of any such termination, you will be entitled to receive payment from your client for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination but Peer tutor shall not be liable for any Losses incurred by You after the date of termination.

13.4 Either party can terminate immediately upon serving Written Notice on the other if the other:

  • a. commits a material or persistent breach of its obligations under this Agreement 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,
  • b. is unable to pay its debts, 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.

13.5 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.

13.6 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.

14. WARRANTIES AND INDEMNITIES

14.1 As Tutor, You hereby warrant, represent and undertake to Peer tutor that:

  • a. You have the necessary qualification or experience to provide the Tutoring Services in the subject(s) You offer in Your profile on the application;
  • b. You are personally responsible for the information posted by You on the application and submitted throughout the Selection Process which You state is accurate and up-to-date;
  • c. You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;
  • d. You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You on the Site;
  • e. You will comply with all the Tutor obligations set out at clause 4;
  • f. You will only ever contact a Client via the Application and or Site;
  • g. You agree at all times to comply with the provisions of the Data Protection Legislation;
  • h. You shall not, without the prior written consent of Peer tutor, at any time from the date of commencement of these Tutor Terms to the expiry of six (6) months after termination of these Tutor Terms (whereupon Your Account and Peer tutor Login are deactivated), solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Client or Student introduced to You by Peer tutor. You shall not therefore cause (or in part contribute to causing) the circumvention or avoidance of the payment of any applicable fees to Peer tutor, by entering into transactions direct with a person who is, or has been a Client introduced to You by Peer tutor which results in the loss of actual or potential business opportunity or revenue for Peer tutor or otherwise results in any form of financial return or considerations to, or for the benefit of, the Tutor thereby causing a detriment to Peer tutor. In the event of Peer tutor being circumvented, Peer tutor shall be entitled to a legal monetary penalty equal to maximum considerations or applicable Peer tutor Payments as reasonably determined by Peer tutor plus any or all Losses incurred in recovering the lost revenue. The obligations contained herein shall continue without limit of time.
  • i. in offering Your Tutoring Services via the application, You are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
  • j. If you are not VAT registered you will not charge a Client VAT for Your Tutoring Services;
  • k. You have read, understood and familiarised yourself with, and agree to comply with, our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety;
  • l. You are not prevented from working with children and Your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).

14.2 The Tutor shall indemnify and hold harmless Peer tutor (and any Peer tutor Client as the case may be) on demand, and shall keep Peer tutor (and any Peer tutor Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:

  • a. any breach of these Tutor Terms or breach of obligation or warranty by the Tutor or the acts or omissions of a Tutor (other than and to the extent that any losses arise directly from breach of these Tutor Terms by Peer tutor or by Peer tutor’s negligence); and,
  • b. any and all claims, complaints or legal proceedings instigated by a Client against Peer tutor.

15. LIMITATION OF LIABILITY

15.1 You agree that subject to clause 15.2 and 15.3, We shall in no circumstances be liable to You in contract, tort (including negligence), for breach of statutory duty or otherwise arising under or in connection with this Agreement, the Peer tutor Services and/or the Site for any indirect or consequential losses, special or incidental loss or damage (whether direct or indirect), any loss of profit, loss of anticipated profits, loss of business, data, loss of opportunity, loss of revenue, loss of, or damage to, goodwill, loss of reputation, loss of anticipated savings, loss of use or corruption of software, data or information.

15.2 Subject to clause 15.1 and 15.3, Our liability to You whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with this Agreement, the Peer tutor Services and/or the Site, shall in no circumstances exceed, and be limited to, the total Peer tutor Payments actually earned by, and paid to,Peer tutor in the six (6) months preceding the date on which the liability arose.

15.3 Nothing in these Tutor Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.

15.4 For clarification, the Peer tutor Services are designed to be used within the territory of the United Kingdom and except as expressly set out in this Agreement, Peer tutor gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

15.5 This clause 15 shall survive termination of this Agreement for any reason.

16. DISPUTES

16.1 Negative feedback (rating of 1 or 2 out of 5) reported to Peer tutor by Clients via the Site may be investigated. The parties agree that they shall attempt in good faith to resolve any Dispute or claim promptly through negotiations between You and an officer of Peer tutor. Peer tutor will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. Peer tutor reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by Peer tutor.

16.2 You must inform Peer tutor immediately if You become aware of any Dispute or potential Dispute between an Peer tutor Client and You and/ or Peer tutor in connection with the provision of the Tutoring Services rendered by You.

16.3 You agree to cooperate fully with Peer tutor in resolving any Dispute with a Peer tutor Client.

16.4 Peer tutor reserves the right to suspend Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed.

16.5 In the event of a Dispute prior to receipt of Tutor Fees, Peer tutor reserve the right to withhold Tutor Fees in accordance with clause 7.3 until the Dispute has been resolved.

16.6 The consequence of any investigation instigated by a Client is entirely at the discretion of Peer tutor.

17. GENERAL

Assignment: You shall not, without the prior written consent of Peer tutor, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Tutor Terms. Peer tutor may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Tutor Terms.

Enforceability: If any one or more of the provisions of these Tutor Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Tutor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.

Entire Agreement: These Tutor Terms together with the documents referred to in them (including, without limitation our the Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between You and Peer tutor in relation to Your use of the Site and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.

Status: The Tutor and Peer tutor are independent contractors, and no partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way save as in accordance with this Agreement. This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for any income tax, national insurance and social security contributions.

18. LAW AND JURISDICTION

All of these Tutor Terms are governed by English Law and any disputes arising in relation to the Tutor Terms, the Site or the Services are subject to the exclusive jurisdiction of the English and Welsh Courts.

We keep our statement under regular review. This statement was last updated on 7th March 2019.