Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.londontuitionacademy.co.uk (“Our Site”).
These Terms and Conditions were last updated in October 2022
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
- “We/Us/Our” means London Tuition Academy, a company registered in England and Wales (No. 13069747).
- Information About Us
2.1 Our Site is operated by London Tuition Academy.
We are a limited company registered in England under company number 13069747 . Our registered address is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
- How to Contact Us
To contact Us, please email Us at admin@londontuitionacademy.co.uk
- Access to Our Site
4.1 Access to Our Site only is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis.
We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
- Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
- Changes to these Terms and Conditions
6.1 We may alter these Terms and Conditions at any time.
As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
- International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
- How You May Use Our Site and Content (Intellectual Property Rights)
8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise.
All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
8.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app).
Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
8.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
8.6 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable).
This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
8.7 Nothing in these Terms and Conditions limits or excludes the provisions of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.
Further information is available from the UK Intellectual Property Office.
- Links to Our Site
9.1 Links to Our Site must be fair and lawful.
You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
9.2 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
9.3 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
9.4 You must not frame or embed Our Site on another website without Our express written permission.
9.5 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
- Links to Other Sites
10.1 Links to other websites may be included on Our Site.
Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
- Disclaimers
11.1 Nothing on Our Site constitutes professional advice on which you should rely.
It is provided for general information purposes only.
11.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
- Our Liability
12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
12.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
- Viruses, Malware, and Security
13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990.
Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Acceptable Usage of Our Site
14.1 You may only use Our Site in a lawful manner:
a)You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b)You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c)You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions.
We may take one or more of the following actions in response:
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f)Any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
- How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy and Cookie Policies, available from https://www.londontuitionacademy.co.uk/privacy/
- Communications from Us
16.1 If We have your contact details, We may send you important notices by email or Whatsapp from time to time.
Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
16.2 We will not send marketing e-mails to those mention they do not wish to receive them.
If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
- Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We keep our statement under regular review. These Terms and Conditions were last updated on October 2022.
Section 2: Terms Specific to Tutors
Definitions:
“LTA” – London Tuition Academy
As a tutor upon using our services you will be bound by these terms. If you do not accept these terms then please do not use our website or services.
General
Status: The Tutor and LTA are independent contractors, and no agency, 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.
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.
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
Unethical Practice:
Tutors are not to exchange any form of contact with the parent or student including phone number or e-mails (unless given exceptional permission by the Academy).
The tutor is not to practice any form of plagiarism or academic misconduct e.g. fully completing a student exam assignments on their behalf when using our platform.
Trial Lessons:
LTA offers trial lessons for new students as a way of boosting the number of students each tutor has. The tutor will be informed beforehand whether the lesson is a standard lesson or a trial lesson.
LTA honours a free 20 minutes introductory call with the tutor or a 30min discounted trial lesson to help boost the number of students each tutor has in the Academy and it’s in the best interest of tutors to honour this. As a general rule, for trial lessons, the Academy will not make any profit on these sessions. They are solely to help boost the number of students for each tutor.
Lesson Scheduling:
Tutors are not to make any additional lesson arrangements with the parents/students without the knowledge of the Academy.
In cases of extra lesson arrangements, they should update the student portal and Academy of any additional lesson arrangements to ensure the lesson is scheduled to which the parent would receive an invoice. Tutors are not to accept any payments directly from the client (parents/students)
Cancellations & Late Policy:
A minimum of 12hr notice is required for cancellation or rescheduling of any session from both parties.
In cases of lesson cancellations please contact the admin in advance and as soon as possible via the provided number and cancel the lesson from the student portal.
Upon cancellation, the tutor is expected to suggest an alternative date or time to reschedule the lesson for the student.
If You (tutor) don’t attend an arranged lesson without having informed the admin or cancelled it, or if you repeatedly cancel lessons, LTA may end this Agreement between You (tutor) and LTA.
If a student doesn’t show up to a lesson within the first 15min, then the lesson is assumed to be cancelled and it would be at the Tutors discretion to decide whether to charge the parent for waiting time (£10) or whether to waiver off this fee.
If a student joins the session late then it is at the discretion of the tutor whether to finish the lesson at the pre-agreed time or whether to extend the lesson time to make up for the students lateness.
Payments:
The tutor authorises London Tuition Academy to accept tutor fees from the clients (parents or adult students) on their behalf.
Tutors will be paid on the last day of each month. Prior to tutors receiving the payment they are required to submit an invoice at least 2 days before the end of the month indicating the lessons undertaken.
In the rare event that any invoice for tuition remains unpaid by a parent for over ten days the Tutor will be notified. It will be for them to decide whether tuition should continue. London Tuition Academy will support the tutor in obtaining the required charge by communicating directly with the parent and by automatically charging the clients credit card (provided it’s on the system) but will not be liable in compensating them (tutor) for unpaid charges should that prove unsuccessful. LTA may offer to compensate the tutor out of goodwill but are not liable to do so.
Tutors confirm they are self-employed under these tutor terms and are directly responsible to HMRC for all matters regarding income tax, VAT and relevant national insurance contributions.
You agree that nothing in these Tutor Terms constitutes a contract of employment between You and LTA. You shall be fully responsible for and indemnify LTA against any liability, assessment or claim for any employment-related claim or any claim based on worker status brought by you relating to Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by LTA in dealing with any such claim brought by You or by somebody on Your behalf.
Tutors are to keep records of payments made to them by way of Tutor Fees for completion of annual Tax Returns. LTA does not monitor or track this on your behalf.
You hereby agree to fully indemnify LTA for or against all and any demands by HMRC to LTA for Income Tax, VAT or National Insurance, 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 LTA in dealing with any such claim by HMRC.
Disputes:
In the rare case of dispute between the client and the tutor, LTA as an agent will investigate the matter and try resolve the issue for both parties involved. If it finds the client has the right over the tutor, then LTA will be entitled in its sole discretion to refund Tutor Fees to 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 as agreed by LTA and the Client, in respect of the relevant Tutorial.
If any Refund Event occurs after the Tutor receives the Tutor Fees from LTA, LTA shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by LTA under this Agreement from any Tutor Fees collected by LTA thereafter to enable LTA to refund the relevant refunded Tutor Fees.
Intellectual Property
“Publicly accessible” areas of the Site are intended by LTA 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 agree that specific information relating to clients you provide such as the tutor bio, tutor profile picture and lesson availability can be accessed by others on our site.
You acknowledge that group lessons that You deliver as a tutor may be recorded as per client request and You agree to the storage and use of such Recordings by LTA.
You shall indemnify LTA against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by LTA arising out of or in connection with any claim made against LTA for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Client that the Tutoring Services or user generated content provided by You infringe its rights.
The Intellectual Property Rights contained on the LTA Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without LTA’s written permission.
You acknowledge that all Intellectual Property Rights in and relating to LTA are owned by LTA or LTA’s licensors
Termination:
LTA may suspend this tutor Agreement and Your access to the Site and the LTA Services immediately by serving notice. This can be verbally (phone) or written (e-mail or Whatsapp).
In the event of termination the tutor will be entitled to receive payment of Tutor Fees for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination.
Warranties & Indemnities:
You agree at all times to comply with the provisions of the Data Protection Legislation
in providing or offering Your Tutoring Services via the Site and using the LTA Services, 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
You agree that 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).
You shall indemnify and hold harmless LTA (and any LTA Client as the case may be) on demand, and shall keep LTA (and any LTA 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 LTA or by LTA’s negligence); and
b)any and all claims, complaints or legal proceedings instigated by a Client against LTA relating to the Tutoring Services.
Other:
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 our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between You and LTA 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.
We keep our terms under regular review.