The Smart Tutors is a marketplace for online and home tuition, across a wide range of subjects and vocational specialisms. Our purpose is to connect tutors, coaches, and professionals with parents or guardians who are seeking to enrich their child’s educational needs.
These Terms set out the terms under which:
You will be required to read and accept these Terms when you submit an Account Request on Our Site. If you do not agree to comply with and be bound by these Terms, you will not be able to register as a Tutor or purchase Tutor’s details.
Whether you are a Member, or a Tutor, differing Terms may apply. For ease of reference, We have set out an index to the Terms so you can scroll down to them easily.
1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of Our Site, including Our Marketplace;
“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;
“Fee” means the amount payable by a Member to sign up as a Tutor or purchase the contact details of a Tutor, at such rate as stated on Our Site;
“Marketplace” means Our platform for Tutors and Members on Our Site;
“Member” means a User who is a parent, guardian or has the legal responsibility for a child;
“Our Site” means this website, www.themsmarttutors.co.uk;
“Tutor” means a User who lists a Profile on Our Site;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means The Smart Tutors Web Limited, company registered in England under company number 12130679 and whose registered office is at 25 Fletcher Road, London, England, W4 5AT.
2.1 Our Site is owned and operated by Us.
2.2 You can contact us by:
writing to us at The Smart Tutors Web, 25 Fletcher Road, London, England, W4 5AT.
Emailing us at email@example.com.
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms and our Privacy and Cookies Policy. Please ensure that you have read them carefully and that you understand them.
You may only register for an Account if you are at least 18 years of age.
Our Marketplace is provided solely as an online venue for Tutors and Members. We are not a party to any transactions or other relationships between Tutors and Members. You hereby acknowledge and agree that:
5.1 Members are not making purchases from Us and are not entering into a contract with Us for the provision of any tutoring services. Any contract formed for the provision of tutoring services is solely between the Member and Tutor;
5.2 We will not be a party to any dispute between Members and Tutors. Any claims must be made directly against the party concerned;
5.3 We carry out limited screening of Tutors. Tutors will be required to provide the following evidence in order to be able to submit a Profile on Our Site:
5.4 We do not conduct any DBS or criminal checks on any Tutors, nor do we check if Tutors have relevant insurance for the services they provide.
5.5 We do not vet the services provided by Tutors and their listing of a Profile is in no way an endorsement or recommendation of a Tutor. We are not responsible for any services provided by Tutors or for the content of the information set out in Tutors Profiles.
5.6 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in either Profiles or User Content, and We accept no responsibility for any actions taken, or for any services provided by any Tutor.
6.1 These Terms apply to both business and consumer Users.
6.2 If you are Tutor, you are deemed a business User and these Terms constitute the entire agreement between Us and you with respect to the listing of your Profile on Our Site.
6.3 If you are a Member, you warrant that you are a consumer i.e. that you are not using Our Site in the course of a business, trade or profession.
7.2 Users must, at all times, respect the intellectual property rights of other on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
8.1 You must not use Our Marketplace 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.
8.2 You must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way.
8.3 You must always provide accurate, honest information when submitting any User Content.
8.4 When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Profile) or otherwise do anything that:
8.4.1 is sexually explicit;
8.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
8.4.3 promotes violence;
8.4.4 promotes or assists in any form of unlawful activity;
8.4.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
8.4.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.4.7 is calculated or is otherwise likely to deceive;
8.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
8.4.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
8.4.10implies any form of affiliation with Us where none exists;
8.4.11infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
8.4.12is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.5 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
8.5.1 removing your Profile and/or Account;
8.5.2 issuing you with a written warning;
8.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
8.5.4 further legal action against you as appropriate;
8.5.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
8.5.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
8.6 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
9.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
9.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
9.3 Tutors will also collect, hold, and process Member’s personal information in the course of providing services and are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting Member’s rights under the GDPR.
10.1 We are able to view all messenger communications between Tutors and Members on Our Site. We need to do this in order to ensure that these Terms are being adhered to.
10.2 We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). We will not give any notice of this and Your rights and Our obligations hereunder will be transferred to the third party who will remain bound by them.
10.3 You may not transfer (assign) your obligations and rights hereunder without Our express written permission.
10.4 The contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
10.5 If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
10.6 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
10.7 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements without notice to you. If we change these Terms and you are not happy with the changes then you may close your Account.
11.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
11.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (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.
11.3 If you are a business, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12.1 As set out in Clause 5, Our Marketplace is provided solely as an online venue for Tutors and Members. We are not a party to any transactions or other relationships between Tutors and Members. You hereby acknowledge and agree that:
12.1.1 You are not purchasing services from Us and are not entering into a contract with Us for tutoring services;
12.1.2 We will not be a party to any dispute between Members and Tutors. Any claims must be made directly against the party concerned.
12.2 While all Tutors are required to comply with Our Terms, Tutors use differing teaching methods (i.e. face to face, skype, telephone) and have differing price structures, terms and cancellation policies. It is important that you discuss all of these with the Tutor.
12.3 We provide information on a wide range of Tutors but there may be other tutors or service providers that are more appropriate, suitable or lower in cost available for you than those on Our Marketplace.
12.4 Not all of our Tutors are registered in the United Kingdom, and the Tutors place of residence should be stated within the Profile.
13.1 The viewing of Tutor’s Profiles is free of charge.
13.2 If you wish to obtain the contact details of Tutor’s We will ask you to pay a single Fee of £19.99. Details of how to make payment are set out on Our Site.
13.3 Once you have paid the Fee, we will send you the Tutor’s contact details (either an email address or telephone number).
14.1 The Tutors services will take place by the method, or at the location and time as agreed between you and the Tutor.
14.2 When you enter into a contract with a Tutor (Tutor Contract) then you are agreeing to be bound by the Tutor Contract terms and conditions.
14.3 As a consumer, when you enter into a contract online, you have certain legal rights to cancel that contract within 14 days and request a refund (“Cooling off period”). However, where you enter into a contract and request the services to begin within the 14 day period, your right to cancel may be limited or lost.
14.4 All Tutor’s may have different rules on cancelling appointments and it is important that you ensure you are familiar with the Tutor’s Contract terms.
14.5 When contracting with a Tutor you should:
15.1 As required by law, Tutors must provide their services with reasonable skill and care, consistent with best practices and standards, in accordance with any Codes of Conduct to which they are subject under a regulatory or licencing body, and in accordance with any information provided by the Tutor within a Profile. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
15.2 If you have any cause of complaint about the services provided by a Tutor, you should contact the Tutor immediately.
16.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Tutors and Members. Furthermore, We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Tutor services and any claims must be made against the Tutor concerned.
16.2 As a consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
16.3 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
16.4 In particular, nothing in these Terms seeks to limit consumers’ legal rights. If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with your Account or any other aspect of Our services, please contact Us as soon as is reasonably possible using the contact details set out at Clause 2.
18.1 We require a one-off administration fee for all new tutors in order to check uploaded documents and set up the online profile.
18.2 Members will not have access to your contact details unless they make a payment of the Fee to purchase these, as set out in Clause 13.
18.3 Our Site makes no guarantees that you will receive work as a result of joining or subscribing to any of our monthly/annual subscriptions. The Smart Tutors is a live tutor Marketplace and competition should be anticipated for all requests made on the platform.
19.1 Our Site will guide you through the process of requesting an Account.
19.2 You will be required to provide evidence of:
19.3 If you provide Us with incorrect or incomplete information We will be unable to process your Account request.
19.4 We reserve the right, at our absolute discretion, to refuse or withdraw (without notice) an Account without having to provide a reason.
19.5 You will only be able to upload your Profile on Our Site once we have accepted (and confirmed in writing) your Account request. Your Profile will remain on Our Site until such time as you close your Account.
19.6 You agree that you will be solely responsible for your Profile and its content. We accept no responsibility for the content of Profiles. Specifically, you agree, represent, and warrant that you have the right to submit the Profile, that all the information in the Profile is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Profile will comply with Our Acceptable Usage Policy, detailed in Clause 8.
19.7 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under Clause 19.6.
19.8 You will be responsible for any loss or damage suffered by Us as a result of such a breach.
19.9 You retain ownership of the content of your Profile and all intellectual property rights subsisting therein. By submitting a Profile, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Profile for the purposes of operating and promoting Our Site.
19.10 You are fully responsible for keeping your Profile, and contact details, up to date.
We may suspend or withdraw Our Site, without notice to you.
19.11 If you wish to remove your Profile and close your Account, you may do so by following the instructions within your Account.
We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with your use of Our Site.
21.1 Nothing in this agreement shall render you an employee, worker, agent or partner of Ours and you shall not hold yourself out as such. You accept that you are engaged directly by the Member to provide the tutoring services directly to them.
21.2 As a self-employed contractor, It is your responsibility to collect and pay applicable taxes on any income received from Members.
22.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 22. Specifically:
22.1.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations when using Our Site and when providing your services to Members; you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
22.1.2 You warrant that you will;
23.1 Members will have the ability to publish reviews on Our Site in regards to the services that you provide.
23.2 Member reviews shall automatically be published without prior notice to you. If you object to the contents of a Member review, you must notify us of such objection in writing within 14 days of publication of the Member’s review providing any evidence supporting its contrary views/objections.
23.3 We will consider the objections of a Tutors and any decision to remove the relevant Member review will be at our absolute discretion and that decision is final. Any Member review that cannot be proved to the contrary shall stand as the reasonable opinion of the Member.
23.4 We will not monitor Member reviews but if we are made aware of any Member review that we consider to be inappropriate, defamatory, vulgar or abusive, to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then we will remove the review.
23.5 If, in our reasonable opinion, Member reviews reflect low standards of the Tutor, we reserve the right to investigate any such Member reviews and/or may suspend or terminate Tutor’s Account without written notice to the Tutor.
We may determine the ranking of any Profile at our absolute discretion.
25.1 Our Site offers two optional subscriptions. These can be purchased as an annual or a monthly recurring payment. Subscriptions will continue until terminated. To use this service you must have Internet access, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
25.2 Our Site does not guarantee that the additional profile features provided by these subscriptions will result in Tutors securing clients.
25.3 We may offer a number of membership plans, including special promotional plans or Subscriptions offered by third parties in conjunction with the provision of their own products and services.
25.4 Updating your Payment Methods. You can update your Payment Methods by going to the “My Subscription” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
25.5 Cancellation. You can cancel your subscription at any time, and you will continue to have access to the service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial – month or annual subscription periods. To cancel, go to the “My Subscription” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.