Terms & Conditions

TERMS AND CONDITIONS

Please find below the Terms and Conditions which you must read and agree to before registering for the TutorBranch Website. It is important that you ensure that you take a time to fully read and understand the Terms and Conditions before registering for the TutorBranch Website. Kindly be advised that Continued registration with TutorBranch will be deemed acceptance of these Terms and Conditions and that these Terms and Conditions may change from time to time.

IMPORTANT: it is essential that you keep you contact deal up to date as we may need to reach you to inform you about important changes to the TutorBranch website. You can update your details via your dashboard page after logging in.

Definitions

1. The following expressions are given the following meanings:
(b) "TutorBranch Website" means the website operated by Optima Tutors Ltd, t/a TutorBranch.

(a) "Contract" means the agreement between the Tutor and the Tutee for the Tutor to perform services for the Tutee.

(d) "Tutee" means a person that uses the TutorBranch Website with the intension of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or
(c) "Members" means Tutors and Tutees.
the Tutee's parent/guardian.
(e) "Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the TutorBranch Website, with the intention of entering into a Contract to provide tuition to the Tutee or the Tutee's nominee.

2. In these Terms-

(b) words importing the masculine gender shall include the feminine gender and vice versa. General
(a) words importing the singular shall include the plural and vice versa; and

6. Optima Tutors Ltd is not responsible for appraising information on the TutorBranch Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Optima Tutors Ltd can offer no guarantee that Members are who they say they are.

4. The TutorBranch Website has been established to allow a Tutee to contact a Tutor and to allow a Tutee to view the Tutor’s profile.

3. All business undertaken by Optima Tutors Ltd, a Tutor and/or a Tutee or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail. Obligations of Optima Tutors Ltd and related provisions

5. Optima Tutors Ltd will take precautions it considers appropriate to keep the details of a Tutor and Tutee secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutee on the TutorBranch Website.

Tutor Duties

7. A Tutor warrants that he-

(b) has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the TutorBranch Website.
(a) is of at least eighteen years of age;

9. A Tutor is responsible for the prices quoted for his services on the TutorBranch Website and for collection of all fees due to a Tutor from a Tutee. Optima Tutors Ltd is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Tutor and a Tutee.

8. Tutors who contact Tutees who are under the age of 18 must ensure that the Tutee has consent from a parent or a guardian to provide tuition services to the Tutee.

10. A Tutor shall indemnify Optima Tutors Ltd for all claims and liabilities arising out of any use by the Tutor of the TutorBranch Website, including costs and expenses incurred.

13. A Tutor must not be in any way abusive about a Tutee or his nominee on the TutorBranch Website or any other place.

11. A tutor takes full responsibility for all information that he provides on the TutorBranch Website and must indemnify Optima Tutors Ltd in relation to any liability incurred by Optima Tutors Ltd as a result of such information.

12. A Tutor is not an employee of Optima Tutors Ltd and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the TutorBranch Website.

15. Use of the TutorBranch Website is entirely at a Tutor’s own risk. A Tutor must exercise complete caution when using the TutorBranch Website and entering into any agreements to provide tutoring services to a Tutee.

16. All information provided by a Tutor on the TutorBranch Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the TutorBranch Website will be publicly visible and may appear in search engine results.

14. A Tutor must contact a Tutee through the TutorBranch Website. Any other means of communication is prohibited.

Tutee Duties

17. A Tutee who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Optima Tutors Ltd is not responsible for any disputes regarding parental consent or any problems that a Tutee or a patent/guardian has experienced with a Tutor.

18. A Tutee, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. Optima Tutors Ltd is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and Tutee.

19. A Tutee must contact a Tutor through the TutorBranch Website. Any other means of communication is prohibited.

20. A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. Optima Tutors Ltd does not offer any guarantee that any information provided on the TutorBranch Website is accurate and correct.

21. A Tutee agrees not to use Optima Tutors Ltd to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Optima Tutors Ltd should contact us.

22. A Tutee cannot act as an agent to promote the services or opportunities of a company.

23. Optima Tutors Ltd is not responsible for examination entry; this is the sole responsibility of the Tutee.

24. A Tutee must not publish any abusive comments about a Tutor or a Tutee on the TutorBranch Website or any other place. This include defamatory or derogatory comments.

Member Duties

25. Members must not use the TutorBranch Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.

26. Members must not post material to the TutorBranch Website in which the copyright or intellectual property is or may be the property of another person or body.

27. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.

Liability, Indemnity and other provisions

28. Optima Tutors Ltd has no control over or responsibility for the truth or accuracy of any material available on the TutorBranch Website, whether provided by Members or others. Third party websites may appear on the TutorBranch Website. Optima Tutors Ltd does not endorse or have any responsibility for the site in question or anything which appears on it.

29. Optima Tutors Ltd is not and cannot be responsible for the behavior of Members, whether on the TutorBranch Website or outside of it. Optima Tutors Ltd only provide a service for a Tutor and Tutee to be introduced. Optima Tutors Ltd does not pre-screen or monitor the material contributed by Members.

30. Optima Tutors Ltd is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the TutorBranch Website including loss of data or information or any kind of financial or physical loss or damage.

31. Members agree to indemnify Optima Tutors Ltd against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the TutorBranch Website.

32. Optima Tutors Ltd does not guarantee that a Tutor will be secured to meet the Tutee's needs.

33. Optima Tutors Ltd is not responsible for any grade received by a Tutee or any consequence that examination grades entails.

Intellectual Property

34. The code, brand and intellectual property of the TutorBranch Website cannot be reused without Optima Tutors Ltd’s consent. All copyright, trade marks, and other intellectual property rights in and relating to the TutorBranch Website (including the material which is contributed by Members) are owned by Optima Tutors Ltd. It is prohibited to copy, distribute, show in public or create any derivative work from the TutorBranch Website, or any of the material which is found on the TutorBranch Website without the consent of Optima Tutors Ltd. Please see our Copyright Notice, which forms part of these Terms and Conditions.

35. By submitting any material to the content to the TutorBranch Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Optima Tutors Ltd a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Optima Tutors Ltd to adapt the relevant material and you waive the right to be identified as the author of the material in question.

Miscellaneous provisions

36. Optima Tutors Ltd reserves the right to withdraw or modify aspects of the TutorBranch Website, or the entirety of it.

37. The open-access nature of the TutorBranch Website means that Optima Tutors Ltd cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.

38. Optima Tutors Ltd reserves the right to suspend or terminate a Member's access to the TutorBranch Website, or parts of it. Optima Tutors Ltd reserves the right to remove, or require the Member to remove, material posted on the TutorBranch Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the TutorBranch Website without prior consent from Optima Tutors Ltd.

39. Optima Tutors Ltd reserves the right to withdraw any material on the TutorBranch Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the TutorBranch Website into disrepute. Optima Tutors Ltd does not generally monitor material which appears on the TutorBranch Website and Optima Tutors Ltd is reliant upon Members to notify Optima Tutors Ltd of anything Member’s see here which appears likely to breach these Terms and Conditions.

40. Optima Tutors Ltd may restrict access to the TutorBranch Website for any period and if necessary permanently at the sole discretion of Optima Tutors Ltd. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.

41. Optima Tutors Ltd may, at their sole discretion, vary the features of the TutorBranch Website and the Terms of use at anytime.

42. Optima Tutors Ltd may monitor postings to the TutorBranch Website and communications through the TutorBranch Website and have the right to delete and/or block such postings or communications at their sole discretion.

43. The distance data supplied on the TutorBranch Website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so Optima Tutors Ltd can not guarantee that the data supplied on distances between postcodes is accurate.

44. Optima Tutors Ltd give no guarantee that the TutorBranch Website is free of viruses worms or any other form of harmful components.

45. Entire Terms and Conditions. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.

46. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.

47. English Law and the jurisdiction of English Courts applies to these terms.