Tutor User Terms & Conditions
starTUTORs.com TERMS AND CONDITIONS OF USE
NOTICE: You must read these Terms and Conditions before submitting to starTUTORs.com. By submitting to starTUTORs.com you agree to be bound by the Terms and Conditions set out below. It is recommended that you print this page for your own records. This page was last updated on Aug 15, 2010.
GENERAL TERMS Definitions
"You" means the user, "We" means "starTUTORs.com / starTUTORs " means the website operated as starTUTORs.com and through which we provide the Services, "Services" means the content, and other services provided on the starTUTORs website
This Agreement contains all of the terms and conditions between starTUTORS. ("starTUTORs ") and you ("Tutor") and governs the use of the services offered at the starTUTORS Web site (the "Site"). The Tutor agrees that (I) Tutor has read this Agreement and understands all of its contents and (II) if such Tutor Application is approved, Tutor will be subject to all the terms and conditions in the Agreement. By accessing and using this Site as a Tutor, you are hereby agreeing to be legally bound by the terms and conditions of this Tutor Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
TUTOR AGREEMENT
starTUTORs enables the connection between prospective learners ("Learners") and Tutors.
The Service
starTUTORs allows the Tutor to create a tutor profile on the Site to promote and market the Tutor's services to Learners. Tutor agrees that starTUTORS, in its sole discretion, is entitled but not obligated to make edits to Tutor's profile without Tutor's permission including, without limitation, spelling, grammatical and typographical corrections.
Tutor gives starTUTORS permission to use or reference Tutor's name and/or service on the Site and on any Web site of any participant in the starTUTORS Affiliate Service ("Affiliate") for the purpose of promoting Tutor to both Learners and Affiliates. starTUTORs requires prior review and approval for any promotion contest, mailing, with the use of starTUTORS name and or website in any circumstance.
We agree to provide the Services as described in these Terms and Conditions.
starTUTORs and the Services are provided on an, ‘as is’ and ‘as available’ basis.
Your advert, or requested service, can be removed at any time without reason or notification.
All fees must be prepaid and are non-refundable, in whole or in part, except in the following situations:
(a) If a promised service has not been set up before the cancellation request is received;
(b) If starTUTORS modifies or withdraws a requested subscription service is within 30 days of your application;
Adverts/Profiles are kept on the site for a year or until they are withdrawn.
They may be changed or modified at anytime by the Tutor or by starTUTORS.
Every effort will be made to update the website with the requested changes as quickly as possible but no guarantee can be given as to how quickly this may be.
The services are only available to individuals and not corporations or agencies.
Term of Agreement
This Agreement will become effective as of the date of starTUTORS acceptance of Tutor's application and registration fees. Either party may terminate this Agreement upon thirty (30) days prior written notice sent to the other party via mail or electronic mail except in situations (a) and (b) as above
starTUTORs has the right to suspend service to any Tutor for any reason without warning. Furthermore, starTUTORS may terminate this Agreement immediately for any breach by Tutor of this Agreement or any applicable policy of starTUTORS posted on the Site. In the event of termination or expiration, the following sections shall survive Term of Agreement; Ownership of Intellectual Property; Disclaimer and Limitation of Liability; Privacy Policy and Copyright Notice; Notice; Indemnification and Miscellaneous. In the event that Tutor.com modifies any of its policies posted on the Site, Tutor's continued participation in the Service shall constitute Tutor's acceptance of such modification.
Tutor Obligations.
When you register as a tutor, trainer, or instructor, you understand that your contact information, including, and not limited to, your name, e-mail, and telephone number (if provided) may be viewed by visitors of starTUTORS web site. Furthermore, you also understand and agree that the information you have provided is true, and you have the proper qualifications and expertise in disciplines and subjects you have selected at time of registration.
Tutor agrees to provide true, accurate, current and complete information as prompted by the Application Form and to provide correct representation of skills, degrees, background and other information as prompted by the Tutor Profile Form, and to maintain and update such information during the term of this Agreement to keep it true, accurate, current and complete. If any information provided by Tutor is untrue, inaccurate, not current or incomplete, starTUTORS, in its sole discretion, may terminate Tutor's participation in the Service and refuse any and all current or future use by said Tutor of the Site
Your Obligations
You are asked to include the address for this site whenever you advertise your own services.
You agree to pay promptly. Payment must be received before any advert is placed on the website.
You agree to use starTUTORs or the Services in accordance with all relevant laws and not for any illegal purpose.
You agree not to use starTUTORs or the Services to post any material which is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
You agree that in the event that you have any right, claim or action against any user arising out of the use of starTUTORs or the Services, then you will pursue such right, claim or action independently and without recourse to me.
You are responsible for procuring the necessary equipment, including a computer, microphone and modem, and the payment of telephone charges necessary to access starTUTORs and the Services.
Disclaimer of Warranties
We make no warranties or representations, whether express or implied, in relation to starTUTORs or the Services, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
We make no warranty that starTUTORs or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
We give no warranty as to the results that may be obtained or the accuracy or reliability of any information obtained through starTUTORs or the Services.
You expressly agree that the use by you of starTUTORs and the Services is at your sole risk.
No advice or information, whether oral or written, obtained by you from starTUTORs or through the Services shall create or be deemed to create any warranty not expressly made herein.
Limitation of Liability
You agree that, except for death and personal injury arising from my negligence, I shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where I have been advised of the possibility of such loss or damage).
You further agree that I shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use by you, or your inability to use, starTUTORs or the Services, or for the cost of procuring substitute goods and/or services. Such exclusions shall include damages for loss of data or other intangible assets.
My liability, (including any liability because of my negligence) is limited by my bank balance).
You agree not to hold me liable for any loss or damage incurred as a result of any dealings you may have with others via the Services.
Each of the exclusions of liability shall be construed separately, and even if any one or more of them proves to be unenforceable, the others shall remain in full force and effect.
Registration
You agree to provide true, accurate, current and complete information which you are required to provide when you register as a User of starTUTORs ("User Information"); and notify me immediately of any changes to the User Information and generally maintain this information as required to keep it current, complete and accurate;
(i) Your E-mail address must be valid.
(ii) Your phone number must be valid.
(iii) Your postal address must be valid.
(iv) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
I reserve the right to terminate your right to use the Services if any User Information is untrue, inaccurate, out-of-date, incomplete, or for any other reason;
Third Party Verification Services
starTUTORs may make available to Tutors a third party verification service ("Verification Service") which enables Tutors to verify such Tutor's credentials. Use of the Verification Service is voluntary. starTUTORs does not monitor in any way the information provided by such Verification Service. Further, starTUTORS does not endorse or make any representations regarding the reliability of the Verification Service. starTUTORs requests third party verification and references from its tutors (" Tutor Verification "), which enables starTUTORS and Learners to provide verification of Tutor’s credentials.
Your Data
I will comply with the relevant and current United Kingdom Data Protection laws, so normally any personal details to be provided to me will not be disclosed to third parties without your consent. Further, I will not normally, edit or disclose the contents of your private communications unless required to do so by law.
However, you should be aware that if I am requested by the police or regulatory or government authority in investigating illegal activities to provide information concerning your activities whilst using starTUTORs. I shall do so. Similarly, I will disclose your personal data if I am compelled to do so by law; or to protect and defend my rights or property; or the rights or property of starTUTORs or, in extreme circumstances, to protect the personal safety of other users of starTUTORs or the public;
Ownership of Intellectual Property.
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of starTUTORS and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.K. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of starTUTORS. Use of starTUTORS and/or its licensors' Material is only permitted with starTUTORS 's express written permission. Any unauthorised or prohibited use may subject the offender to civil liability and criminal prosecution.
Indemnity
You agree to indemnify and to hold me harmless immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you, the infringement by you or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of starTUTORs or the Services.
My Rights
We reserve the right to modify or discontinue, temporarily or permanently, starTUTORs or the Services with or without notice to you and you confirm that I shall not be liable to you or any third party for any modification to or discontinuance of starTUTORs or the Services.
Modifications to the Service or the Site.starTUTORs reserves the right to modify or discontinue, temporarily or permanently, the Service or the Site with or without notice to Tutor. Tutor agrees that starTUTORS shall not be liable to Tutor or any third party for any modification or discontinuance of the Service or the Site.
No Waiver
No waiver by me shall be construed as a waiver of any preceding or subsequent breach of any provision. My failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by me in writing.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.
Choice of Law
United Kingdom law shall govern these Terms and Conditions. By agreement, you hereby irrevocably submit to the exclusive jurisdiction of the United Kingdom Courts as applicable.
Eligibility
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law.
Interpretation
The headings contained in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance and shall not affect its interpretation.
Commencement of Proceedings
Legal proceedings in respect of any cause of action arising out of or related to the Services must be commenced within one year after the relevant cause of action arose, otherwise such cause of action shall be permanently barred.
Assignment
I reserve the right to assign, subcontract or otherwise deal with all or any of my rights and obligations in these Terms and Conditions to any third party without prior notice to you.
Disclaimer
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. starTUTORs is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, starTUTORs, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, PROPIETOR, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY starTUTORs OR ANY THIRD PARTY. starTUTORs will not be involved in any tutor-student interactions in any subject. starTUTORs should not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after tutor-tutee interaction. Learner agrees not to hold starTUTORs, starTUTORs agents and employees, officers, directors, or participants in starTUTORs's affiliate Service liable for any advice or services delivered which originated through the Site or was otherwise provided by a Tutor and releases all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. Tutor agrees not to hold starTUTORs, starTUTORs agents and employees, officers, directors, or participants in starTUTORs affiliate Service liable for any information or services which originated through the Site and releases all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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Terms and Conditions
