These terms and conditions are those that clients and staff accept toward the use of CyberTutor Ltd. Any member of the website, or otherwise, agrees to use the website under these governing terms and conditions. If you do not agree, kindly stop using this website immediately.
Definitions and Clarification
1.1. These Terms and Conditions (“T&C’s”) will use the following expressions with their associated meanings as follows:
1.1.2. “Website” means www.CyberTutor.co.uk, operated by CyberTutor Ltd.
1.1.3. “Student” means those parties contracted to CyberTutor through user membership, and to a Tutor through confirmed lesson booking, for the necessity of receiving tuition services by that Tutor. For clarification, a “Student” includes parties using CyberTutor under the authorisation from another Student to use his/her membership.
1.1.4. “Tutor” means those parties contracted to CyberTutor who are suitably qualified to deliver tuition services that they advertise on their Tutor Profile, with intention to enter a contract with a student to deliver those services.
1.1.5. “Members” are all Students and Tutors.
1.1.6. “Tuition Services” means the execution of tutoring to a student by a tutor, which includes the time taken to introduce each other, and other such activities that are reasonably expected to facilitate this tutoring.
1.1.7. “Privacy Statement” is the most recent privacy statement that CyberTutor has published onto the website, viewable by all members.
1.1.8. “Private Lesson” means a tuition service that has 2 members; the student, and a tutor that the student has chosen to be sufficient to deliver him tuition services.
1.1.9. “Contract 1” is the contract between CyberTutor and the tutor which acts as an addendum to these terms.
1.1.10. “Abuse” means, and not restricted to, those actions in which CyberTutor deem unreasonable, and therefore a breach of these T&C’s of the website.
1.2. All business undertaken through the Website is subject to these T&C’s. Any other T&C’s that any members feel relevant will be overruled by these, unless formally agreed in writing by CyberTutor. These T&C’s will not vary in anyway unless CyberTutor formally agrees through written consent.
1.3. Any reference to one specific gender is to be taken as a way of simplifying a statement, and therefore includes all gender varieties.
1.4. Any reference to the singular is to be taken as a way of simplifying a statement, and therefore includes the plural, and vice versa.
1.5. The use of the website by any of its members will be taken as an acceptance of the T&C’s.
1.6. These T&C’s supersede all previous without exception.
Intellectual Property Rights
2.1. The contents of this website are protected by trademark, copyright and intellectual property rights. These rights are licensed to CyberTutor, and you acknowledge that any infringement of these rights by way of saving, copying, using, or integrating into any personal or commercial work is strictly prohibited. The only exceptions are those that follow
2.1.1. Materials given to members for use intended on CyberTutor, or as part of a service offered for personal use.
2.1.2. Members may send information from the website to third parties, as long as those parties are informed that these T&C’s apply to them, and that the sent information is for personal use only.
Service and host access
3.1. CyberTutor will attempt to ensure that the website is available all the time, but can’t be held responsible for personal loss in unforeseen circumstances where access to the website is unavailable.
3.2. CyberTutor reserves the right to temporarily suspend access to all members for routine maintenance work. Such instances will be advertised on the website in advance, so that all members have an opportunity to cease tuition services for those periods. Any tuition service contracts created within the routine maintenance times, after the warnings have been advertised, will not be held accountable to CyberTutor if losses occur.
Third Party Access
4.1. Any third party websites that may be linked back to the website are in no way represented by CyberTutor, and members understand that CyberTutor has no control over the content that such websites may provide.
4.2. No links to other websites are necessarily endorsed or accepted by CyberTutor as relevant, acceptable, or legal. CyberTutor will not take responsibility for members actions in following links or recommendations by other members to follow links. It is solely the members responsibility to take precautions in internet browsing.
4.3. CyberTutor reserves the right to allow advertising of third parties on the website, such advertising will be subject to these T&C’s, and the privacy statement viewable on the website.
Obligations of CyberTutor
5.1. CyberTutor will take all reasonable precautions to protect all personally identifying details of all members as per the terms of the privacy statement. Unauthorised access to any details is not something CyberTutor will be held responsible for, as long as those reasonable precautions have been upheld.
5.2. CyberTutor will uphold a level of quality control as per the terms of the privacy statement.
5.3. CyberTutor will make all reasonable action to facilitate the smooth running of the website, but will not be held accountable for unforeseen circumstances that hinder the operation.
5.4. CyberTutor will decide what it deems reasonable and satisfactory with regard to all business on the website.
5.5. CyberTutor will ensure products for purchase are fit for purpose.
5.6. CyberTutor reserves the right to employ quality control measures relating to all business on the website. Such measures may involve live tuition service monitoring, but may not disturb those services from continuing. If disturbances occur, CyberTutor shall suspend that detail of quality control, accepting that it will provide anomalous results. For clarity, the observation that an unidentified member has entered the tuition service platform shall not be regarded as a disturbance.
Obligations of a Student
6.1. Upon booking a lesson and making payment, the student accepts he is entering a contract with a tutor to receive tuition with obligations as set by these T&C’s:
6.1.1. The contract starts upon confirming a booking for a lesson or service, and finishes once that lesson has been completed satisfactorily. A student is liable to pay via electronic payment at the appropriate time when directed to by the website, at the price specified by the website.
6.1.2. Each lesson will have a set start time. The student accepts it is his responsibility to ensure punctual attendance to these lessons, and therefore he shall not expect any time to be credited for being late. For clarity, late attendance constitutes being present for tuition services after the scheduled lesson start time.
6.1.3. Each private lesson slot will have a set duration of 1 hour. The student can expect to receive tuition services for the full duration, even if the tuition services are late starting due to unpunctual attendance of the tutor.
6.1.5. The student is entitled to change or cancel any booked private lesson without financial penalty, and can be done through the members’ area. No changes or cancellations may be made within this 48 hour period with the intent of receiving a lesson credit refund.
6.1.6. All cancellations within 48 hours of the scheduled start time of a booked lesson will not receive any financial remuneration or credit.
6.2. A student shall not give out personally identifying information to other members of the website, and accepts that CyberTutor will not be held responsible if this happens.
6.3. A student shall indemnify CyberTutor with regard to all liabilities resulting in the use of the website and all activities relating thereafter.
6.4. The student accepts that all prices are exclusive of VAT, and CyberTutor reserves the right to pass on VAT costs without notice to all students at any time.
6.5. The student accepts that CyberTutor is not responsible for the performance of tutors in any given tuition service, but responsible for the foreseeing that performance is improved as part of its next quality control assessment in any reasonable way.
6.6. The student accepts that he shall not under any circumstance seek independent tuition services from any of the websites members outside of the website, therefore undercutting CyberTutors means of business.
6.7. The student accepts that CyberTutor will not condone the usage of other peoples credit/debit card details other than their own without consent.
6.8. The student accepts that a tutor, or CyberTutor, can cancel a lesson at any time, without notice, but will therefore be entitled to reschedule that lesson.
6.9. The student accepts that he should read the websites recommendations of how to take part in receiving tuition services, and that any choice not to follow those recommendations completely absolves CyberTutor of any responsibility resulting in performance issues as a result.
6.10. The student agrees to show no verbal, physical, or written abuse to any other website members, CyberTutor, or CyberTutor staff.
6.11. The student accepts that any breach of these T&C’s can result in a decision without prejudice to terminate or suspend membership, with no refund due for outstanding tuition services. In this instance, all further communication will cease, other than notification from CyberTutor explaining the termination reasons and intended actions.
6.12. The student agrees that dishonest use of CyberTutors website, services, and payment structure will result in cancellation of all services, and loss of any lesson credits without refund, and subsequently termination of membership.
6.13. The student agrees that any services paid for in bulk, are liable for part refunds on request. The discount applied will be removed from backdated services, and the full price will be applied. This may result in a substantially lower refund, perhaps zero. If no service has been used, a full refund will be given. Refunds for goods purchased may be fully refunded within 28 days, less a postage and packaging fee of £4.99 from the price paid. It is the buyers responsibility to ensure the refunded goods are sent safely with proof of delivery. Refunds will be processed within 7 working days of goods recieved or service refund agreed on.
6.14. The student accepts services may have expiry dates, and is his responsibility to ensure these services are used in time.
6.15. Term 6.13 has an ethos that is applied to any package deals for products and services too.
6.16. Any complaints must be raised within 7 days of an incident arising to be considered for refund. After this period, refund rights will be waived, but a part refund may be honoured in exceptional circumstances, at the discretion of CyberTutor.
6.17. The student accepts that some monthly payment plans may have a minimum subscription length attached. By subscribing to these payment plans binds the student contractually as per these terms, and is required to make payment on time. Cancellation or failure of payment may result in suspension or termination of membership. The student agrees to CyberTutor subsequently charging the discount received as part of the payment plan without notice for the services already carried out. .
6.18. Any money back guarantee stipulations on tuition services, will be fully adhered to by the student. These stipulations may be detailed in a tuition services proposal, and amended by email notification. If the mandatory stipulations are not adhered to by the student, this will invalidate the guarantee. CyberTutor will have final discretion, and will inform the student upon invalidation of such guarantee. Where possible, without promise, CyberTutor will advise in advance that breach of guarantee stipulation is approaching, advising the student of their requirements.
6.19. Product warranties are only given by the manufacturing company or organisation of that product and therefore CyberTutor is not at liberty to authorise a claim for faulty product. In the event of a faulty product, CyberTutor will endeavour to return the product on behalf of the member to the manufacturer with expectation of a refund or replacement. Upon successful refund or replacement, CyberTutor will pass this on to the member without delay. The interim period does not warrant the member to receive a free replacement, or otherwise.
Obligations of a Tutor
7.1. The tutor certifies that he is at least 18 years old, and has the relevant qualifications deemed necessary by CyberTutor to carry out tuition services permitted on the website.
7.2. The tutor accepts that CyberTutor can request copies at any time by any means necessary, of those qualifications claimed by a tutor, before he is permitted to continue tuition services on the website.
7.3. The tutor accepts that he shall be remunerated at an agreed level of pay as set out in Contract 1.
7.4. The tutor accepts that Contract 1 is an addendum to these T&C’s, and that these T&C’s supersede Contract 1, unless clearly stated as an authorised difference.
7.5. The tutor agrees to indemnify CyberTutor regarding all liabilities and claims relating to any use of the website, and continue to indemnify until all such matters have been closed by all parties involved.
7.6. The tutor agrees that in no circumstances is he permitted to accept independent tuition requests outside of the website, by students of the website. Any such requests must be declined, and made known to CyberTutor immediately.
7.7. The tutor is not permitted to discuss any personal information (including academic performance) of other members, to students of the website. He is however, allowed to discuss performance information, to other tutors for the purpose of providing an academic performance increase for that same aforementioned student.
7.8. The tutor accepts that CyberTutor may ask for particular lesson details, and the tutor is required to assist as much as he can, for reasons that CyberTutor may or may not disclose for protection reasons of its websites members.
7.9. The tutor agrees to never abuse any other members of the website, CyberTutor, or CyberTutor staff.
7.10. Under no circumstance will CyberTutor guarantee lessons, and the tutor accepts that CyberTutor can cancel lessons with no notice if it so wishes, with no remuneration expected.
7.11. The tutor accepts that when he sets time availability through his user profile on the website, it is for private lessons between him and a student. A contract is made between him and the student when the student fills out the booking form, and pays for that requested service.
7.13. The contracts aforementioned between student and tutor, are binding as per these T&C’s, and the tutor accepts he is entering into these contracts:
7.13.1. The tutor accepts he must be punctual for all lessons, defined by the set start time of each lesson. If he is not, he must uphold the contract between him and the student by providing the requested time period of tuition services for private lessons, and delivering all specific webinar workshop lesson requirements as stated by CyberTutor. If he is not punctual for a particular lesson, and that impacts subsequent lessons thereafter, he is required to start those lessons on time, writing a message of apology to the student, before continuing the lesson that was already started.
7.13.2. The contract will end once all tuition or service requirements have been satisfactorily carried out.
7.13.3. The tutor accepts that his time availability entries to the website are his permission to allow contracts for the provision of tuition services to be made between him and student.
7.13.4. The tutor accepts that if he cancels a lesson, no remuneration shall be rewarded and his perceived performance may be degraded by CyberTutor and website members. Multiple cancellations may result in a review of tutor membership by CyberTutor.
7.13.5. The tutor shall not allow any third party to undergo the requirements of any tuition service contract between him and a student, unless that student gives written consent to both the tutor and CyberTutor.
7.14. The tutor agrees to refrain from requesting remuneration from any tuition services carried out to an unsatisfactory standard, where it results in CyberTutor issuing students with credit, refund, or reschedule of those services.
7.14.1 In the event of a complaint regarding tuition services carried out, the tutor agrees that CyberTutor may withhold payment for that service until a satisfactory outcome has been achieved. This may result in CyberTutor deciding the student is entitled to a refund, resulting in no remuneration to the tutor for that service. If the complaint has been raised after 7 days since incident, and the tutor has already been remunerated, CyberTutor has final discretion whether the refund should be given. This may result in a deduction of future remuneration. Failure of the tutor to accept this will result in breach of contract and these terms, and could lead to termination of membership.
7.15. The tutor accepts that CyberTutor is not his employer, and therefore all tax and national insurance contributions must be filed via a self assessment with the HMRC. Additionally, any expenses incurred for the purpose of conducting tuition services on the website can’t be made liable to CyberTutor.
7.16. The tutor accepts that he must send an invoice to CyberTutor each calendar month outlining his tuition services carried out for the previous calendar month, in order to receive remuneration.
7.17. The tutor shall not at any time use the contracted tuition service time to provide answers without teaching to homework or assignment questions indicated by the student.
7.18. The tutor accepts that CyberTutor will not be liable to remunerate him in the event that any tuition service contracts are cancelled.
7.19. The tutor accepts that he may receive constructive performance feedback as a result of CyberTutors quality control program.
7.20. The tutor may allow student requested cancellation of a service within 48 hours of the scheduled start time at his own discretion. This will not result in any remuneration.
8.1. Members acknowledge it is their responsibility to maintain their user profiles, and ensure that all contact details are up to date and an honest detailing of themselves only.
8.2. Members accept that is their responsibility to protect their accounts from unwanted access by following the guidelines set out in the privacy statement.
8.3. Members agree that CyberTutor has the right to restrict access to the website anyone that it so desires at its own discretion without requirements to reimburse those affected by this decision.
8.4. Members agree that they will not use the website for any illegal activity, or prohibited intention such as spamming, virus posting, or other such defamatory abuse.
8.5. Members agree that they will not post on the website such material that is protected by copyright, trademark, or patent law, without written consent from the owner. Such consent must be sent to CyberTutor before posting.
8.6. Members agree that CyberTutor has sole control over what material, postings, images, and intellectual property appears on the website, and therefore can remove anything without notice.
8.7. Members accept that CyberTutor has no control over what harmful defamatory software has been planted onto the website.
8.8. Members agree that they use the website at their own risk, and that any loss or damage that arises from using the website or its services can’t be attributed to the responsibility of CyberTutor.
8.9. CyberTutor will not guarantee tuition services for any member.
8.10. Members purchasing hardware products from CyberTutor agree that they will inform CyberTutor immediately if there are any defects upon delivery. This will then be subject to a replacement of that product upon returning it to CyberTutor. Any defects that are reported after use of the products will be subject to investigation.
8.11. Members renting hardware products from CyberTutor agree that they will inform CyberTutor immediately if there are any defects upon delivery. For clarity, defects in this case will not include the product showing signs of use, or any of mitigating factor that doesn’t render the product useful for its purpose on CyberTutor. Defective products will then be subject to a replacement of that product upon returning it to CyberTutor. Any defects that are reported after use of the products will be subject to investigation before any depository funds are returned to the member.
8.12. Members accept that CyberTutor is a platform providing a means to seek improved academic performance, but in no way is this guaranteed.
8.13. In a case of liability arising from services on the website, members agree that the total financial restitution concerning CyberTutor will be limited only to the gain that CyberTutor has received from those contracts of tuition services.
8.14. These T&C’s are bound by the jurisdiction of English courts, and English law.
8.15. These T&C’s are subject to change with no notice.
8.16. CyberTutor reserves the right to cancel any promotions that it advertises.
8.17. Any promotions that members seek to claim must contact CyberTutor via email as soon as practically possible. For clarity, this would be upon registration as a member, or if already a member, in good advanced notice within the means of the promotion.
Thank you for visiting CyberTutor.