1. WHAT IS MATHTUTO?
1.1 MathTuto an electronic platform through which provide online one-to-one maths tutoring services via the internet to Student users of the Website. Tutors using the Website provide expert private tuition to year groups specified on our Website.
2. TERMS OF SERVICE
2.1 This document sets out the terms on which MathTuto offers the Website and the Services. Please take the time to read and review these Terms of Service carefully and make sure that you understand them before using the Website and/or the Services. Continued use and registration with MathTuto is deemed acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you must cease use of the Website and the Services immediately. MathTuto is free to modify these Terms and Conditions as necessary of which Users will be notified.
In this Terms and Conditions, The following terms shall have the following meanings:
- 3.1 ‘Agency‘ and or ‘Us‘ and or ‘We‘ means MathTuto Limited.
- 3.2 ‘Tutee‘ and or ‘You‘ and or ‘Your‘ and or ‘Pupil‘ and or ‘Child‘ means a person that uses the MathTuto website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee’s parent/guardian.
- 3.3 ‘Parent, Guardian or Client means the person and/or persons seeking to appoint a Tutor on behalf of the Tutee.
- 3.4 ‘subscription‘ and or ‘contract‘ means the agreement between the Tutor and the Tutee for the Tutor to perform services for the Tutee.
- 3.5 ‘Session‘ means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.
- 3.6 ‘Tutor‘ means the person that has appropriate qualifications and experience to provide tuition services
- 3.7 ‘Introduction‘ means the passing to the Client of Tutor Information;
- 3.8 ‘Free Trial’ the Service that does not require payment, It includes a “Testing Session” and can include the “MathTutos’ Maths Resource Library” depending on your eligibility and qualification to access this area. We reserved the right to revoke the Free Trial and put your account on hold if we determine that you are not eligible. For some Free Trials, we will require you to provide your payment details to start the Free Trial. Providing such details, you agree that we may automatically begin charging you for the “Subscription” as per the Charges section outlined on the expiry of the Free Trial.
- 3.9 ‘Tutor Information‘ means contact details of a Tutor selected by the Agency;
- 3.10 ‘Service‘ means any online facilities, tools, services or information that MathTuto makes available through the Website either now or in the future;
- 3.11 ‘System‘ means any online communications that MathTuto makes available through the Website either now or in the future. This includes, but is not limited to, e-mail, Whiteboards, Voice chat, live chat facilities and e-mail links.
4.1 If We will carefully select tutors to be suitably qualified and competent to deliver tutoring services to the required standard. We will select the Tutor for each tutoring session. We will use our reasonable endeavours to provide the same Tutor for each session during your subscription period. Still, we cannot guarantee to do so, and we reserve the right to provide a different tutor for each session if we wish to do so.
4.2 If you wish to change tutors and to have a different tutor provide sessions in future from the one that was allocated to provide a particular session, you should contact us, and we will use our reasonable endeavours to accommodate you.
4.3 If you have any complaint about a tutor, their conduct or the quality or conduct of a tutoring session, then you should contact us without delay and give us full details of any perceived issues so that we can endeavour to resolve them.
4.4 Tutors acknowledge that they are not an employee of MathTuto but rather an Independent Contractor, and may be resident in and delivering the tutoring services from Sri Lanka or and India.
4.5 Tutors will/must not try to gain Tutees personal details or engage them for any tutoring business in the future outside of MathTuto.
5. PARENT OR GUARDIAN DUTIES:
5.1 In signing up to a Free Trial or taking out a Subscription with us, you represent to us and it is a term of your contract with us (and we will rely on your representation in entering into a contract with you) that you are and will for the duration of the Free Trial or Subscription continue to be the parent or current legal guardian of the child to whom the tutoring services are to be provided.
5.2 If at any point this turns out not to be the case, we may cancel your Free Trial or Subscription immediately on the basis of a breach of these terms by you.
6. CHANGE IN CHARGES
6.1 We may increase OR decrease our subscription charges from time to time by giving you not less than 1 months’ notice. If you do not wish to agree to the increase or decrease, you will, therefore, have the opportunity to cancel your subscription before the change taking effect and following your notice of cancellation you will be entitled to use all tutoring sessions allocated up to that point without payment of any additional charges.
6.2 If you do not cancel your subscription after notice of the change has been given to you. The change will take effect at the end of the relevant notice period and, after that point, you will be charged accordingly whenever your subscription renews.
7. CANCELLATION OF SUBSCRIPTION
7.1 You can cancel your subscription at any time by notifying us. You can notify us via your subscription page on our Website (you will be able to see a cancellation button which enables you to cancel your subscription easily). Alternatively, you can cancel your subscription by contacting us by any of the means set out at the end of these terms. Once you have given us notice of cancellation, any Subscription charges that have already become due will not be refundable, but no further Subscription charges will become due after your notice of cancellation. Your subscription will then continue until all tutoring sessions that have been allocated to you before your notice of cancellation have been used in accordance with these terms, after which your subscription will terminate.
8. CANCELLATION AND OR FAILURE TO ATTEND OF TUITION SESSION BY CLIENT (STUDENT)(PARENT)
8.1 You may cancel an individual tutoring session by notifying us (via your subscription page or by e-mail to [email protected] not less than 24 hours before the session is due to start. Provided you give the relevant notice, then the tutoring session concerned will remain available to be used by you later.
If you cancel a tutoring session on less than 24 hours’ notice, then that tutoring session will be treated as having been used, and you will lose it (and you will not be entitled to a credit or refund in relation to it).
We will try to rearrange tutoring sessions cancelled with more than 24 hours’ notice; however, It may not be possible to rearrange a given tutoring session to a different day or time. If you cancel an individual tutoring session, then assuming you give sufficient notice, your only right will be to retain the right to use the session concerned after you have given notice of cancellation of your subscription. Otherwise, no credit will be given, or charges refunded for tutoring sessions that you cancel.
The Tutor will be available online immediately before the booked starting time and will remain available online until the scheduled finishing time.
It is up to you to ensure that your child attends the tutoring session on time. If your child starts late, then the tutoring session will only continue until the end of the booked period (for example, if your child attends 10 minutes late for a 45-minute session, the session will end after a further 35 minutes and will not be extended).
9. CANCELLATION OF TUITION SESSION BY US (MATHTUTO)
9.1 We reserve the right to cancel any tutoring session by notice to you before the booked time of the session starting. In that unlikely event of the Tutor failing to attend a booked session we will try to rearrange, but if not possible, you may choose to reschedule the session or to receive a full refund for the session concerned. To receive a refund, you should contact us within 72 hours of the cancellation of the session by us or failure of the Tutor to attend. Otherwise, you will retain the right to use the session at a later date.
10. User guidelines
Please ensure that you and your child do not do any of the following when using our Service:
- 10.1 Copying, adapting or communicating or making available to the public any part of our services or resources.
- 10.2 Reverse-engineering, decompiling, disassembling or creating derivative works based on our services or resources unless permitted by applicable law.
- 10.3 Circumventing any technology used to protect our services or resources.
- 10.3 Removing or altering any copyright, trademark, or other intellectual property notices contained in our services or resources.
- 10.4 Telling anyone else or allowing anyone else to use, your username or password. These should only be used by you to obtain access to our services and resources, and should not be used by anyone else or for any other purpose.
- 10.5 Doing anything in relation to our services or resources or introducing to our services or resources any material, which is likely to offend others, or which is abusive, defamatory, pornographic, threatening, obscene or illegal.
- 10.6 Harass tutors or other users of our services or resources.
- 10.7 Impersonate anyone else or do anything else which is fraudulent, false, deceptive, or misleading.
11. AVAILABILITY OF THE WEBSITE
11.1 The Service is provided as-is and on an as-available basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality
11.2 MathTuto accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.3 MathTuto may change or discontinue the availability of the Website or any part thereof at any time without prior notice. MathTuto reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate if You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.
12. INTELLECTUAL PROPERTY
12.1 The code, brand and intellectual property of the MathTuto Website cannot be reused without MathTuto consent. MathTuto owns all copyright trademarks, and other intellectual property rights in and relating to the MathTuto Website (including the material which is contributed by Members). It is prohibited to copy, distribute, show in public or create any derivative work from the MathTuto Website, or any of the material which is found on the MathTuto Website without consent.
12.2 Subject to the exceptions in Clause 7 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property MathTuto. By continuing to use the Website you acknowledge that such material is protected by applicable to the United Kingdom and International intellectual property and other laws.
13. Support and complaints
If you require support in relation to the use of our services or resources or have any complaint or concern about them, you should contact us as follows:
e-mail: [email protected]
We will be available to be contacted during working hours (9 am to 5:30 pm) on all working days (excluding weekends and bank and public holidays in England).
14.1 These Terms of Service set forth the entire understanding and agreement between You and MathTuto with respect to the subject matter hereof.
14.3 These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
English Law and the jurisdiction of English Courts, Sri Lankan Law and jurisdiction of Sri Lankan Courts applies to these terms.
e-mail: [email protected]
These terms were last updated on November 29 2019