Thanks for taking the time to learn about Air Maths Tuition.
This is where you'll find information about how we protect your privacy, Air Maths Tuition's terms of service and how we handle user accounts. If you still have questions, please get in touch.
The following section is structured as follows:
These terms and conditions, herein referred to as the ‘Client Terms’ set out the terms and conditions under which Air Maths Tuition Limited, a company registered in England and Wales (No. 11992575 ) with a registered office at: 123 Uxbridge Road, UB10 0LQ herein referred to as ‘AMT’ or ‘We’ grant to the Client, a licence to use AMT’s virtual online platform at www.airmathstuition.co.uk (the ‘Site’) which is dedicated to facilitating the sourcing of Tutors by enabling registered Clients to access publicly available profiles of various Tutors offering Tutoring Services in various subjects; and, to providing a platform from which Tutors can deliver Tutoring Services direct to Students who are registered on the Site (the ‘Agreement’).
Air Maths Tuition and Air Maths Tuition.co.uk are the trading names of Air Maths Tuition Limited.
In providing the Site and the AMT Services, AMT does not provide the Tutoring Services. To avail of the Tutoring Services, the Client enters in to a legally binding Contract with the Tutor which is
YOUR AGREEMENT WITH AIR MATHS TUITION LIMITED
These Client Terms govern the activities of Clients in relation to Your use of the Site and the Services. By using the Site and the Services, You accept these Client Terms in full. AMT reserves the right to change the terms relating to these Client Terms (or any part) at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Services. If You disagree with any part of the Client Terms, do not use the Site or the Services. If You are uncertain as to Your rights under these Client Terms or You want any explanation about them please contact us.
Unless the contrary intention appears, the following definitions shall apply:
Account means the secure account(s) created by You, which holds Your personal information and from where You can access the Services via Your AMT Login.
Additional AMT Credits refers to AMT Credits that are credited to Sponsor’s Account by AMT as a result of e.g. the distribution of a Referral Discount Code, any offer, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Tutoring Services and shall expire six (6) months from issue.
Client means a person who is registered to use the AMT Site with a view to directly entering into a formal contractual relationship with the Tutor for the provision of Tutoring Services, whether that be the Student and/ or (if under eighteen (18)), the Student's Sponsor.
Client Fees means the amounts collected by AMT from Client on behalf of the Tutor for the Tutoring Services.
Client Ratings means the feedback left by a Client on the Site in response to the performance of the Tutoring Services by a particular Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
Confidential Information means any information which is imparted or obtained under this Agreement by AMT to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of AMT including, but not limited to information pertaining to Tutors, Tutor Correspondence, logging in, AMT correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of AMT which might reasonably be considered to be confidential in nature.
Contract means the period during which, and the terms upon which, You are provided with Tutoring Services by any one Tutor as agreed between You and the Tutor via the Site. The Contract is formed in accordance with clause 3.4.
Data Protection Legislation the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Deemed Start Date means the date and time when payment of Client Fees are received by AMT.
Dispute means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Tutoring Services rendered by a Tutor (or the provision of the AMT Services which is communicated to AMT by You).
Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Materials refer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
AMT Login refers to Your unique username and password.
AMT Services includes the provision of an online platform i.e. a website whereupon AMT provides an online marketplace for Clients to contact Tutors. AMT do not provide the Tutoring Services but do facilitate their provision by Tutors to Clients via the Site. The AMT Services further include a database of Tutors, back office support including customer services, billing, website and IT services including the use of the virtual Online Lesson Space.
AMT Tools refers to the minimum requirements for using and accessing the Tutoring Services including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
Service Fee a per transaction booking fee charged to Client when booking an Online Lesson session. This is paid either when booking an Online Lesson or purchasing credits to be used to book an Online Lesson session
Recordings refer to the recording of any Online Lesson which can be accessed and viewed for up to one (1) month thereafter.
Referral Discount Code refers to the promotional discount code that AMT may provide to registered Sponsors to pass on to new prospective Sponsors of potential Students, the value of which can be redeemed against the first Tutoring Service ordered as described in clause 3.9.
Refund Request Notification refers to the email Sponsor must send to AMT to request a refund of the funds held by AMT.
Selection Criteria means the selection criteria as set out on the Site.
Selection Process refers to the process determined by AMT from time to time whereby Tutors may be selected to offer Tutoring Services to Clients by accessing and using the Site and the AMT Services.
Services refer to both the AMT Services and the Tutoring Services provided by the Tutor.
Sign Up means registering on the Site as a Sponsor and/ or Student as per clause 3.1
Site means a website owned and managed by AMT including www.Air Maths Tuition.co.uk.
Sponsor means the individual contracting on behalf of the Student with AMT and the Tutor for the provision of the AMT Services and the Tutoring Services e.g. a Parent/ Guardian/ Carer or other person (or the same person as the Student if they are over eighteen (18) years old) with responsibility for the Student and/ or the payment of the Client Fees.
Student means a person receiving the Tutoring Services via AMT delivered by a Tutor.
Tutorial(s) refers to the online pre-booked tutoring session which is booked by a Client via the Site.
Tutoring Services means the provision of online tutoring by a Tutor by way of individual Online Lessons in real-time, suitably tailored to meet the individual requirements of the Students including access to the Recordings.
Tutor means a registered tutor who has applied and been selected to join the AMT community of Tutors who wish to carry out Tutoring Services using the AMT Services to do so.
UGC means user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Client for the purposes of using or accessing the Services which may include but are not limited to Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for Your use and for use by AMT and a Tutor.
VAT means value added tax chargeable under English law for the time being and any similar additional tax.
Written Notice means any notice given under this Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or by sending it by pre-paid recorded delivery or registered post to the relevant party at (in the case of the Client) the address submitted during the Sponsor’s Account Sign Up (as defined below) and (in the case of AMT), the registered address.
CLIENT REGISTRATION & AMT SERVICES
There is a two-step approach to initially signing up to the Site. As a Student under eighteen (18) years of age, You need to register and provide us with Your name and email address and the name of your sponsor. Sponsors shall be responsible for managing the provision of all elements of Tutoring Services on behalf of Students including but not limited to being responsible for paying Client Fees, requesting refunds, receiving email communications from AMT and making referrals for discount. If You are a Student who is over eighteen (18) years of age and You do not have a Sponsor, You will be required to use yourself as a sponsor. You must manage the aforementioned Sponsor Responsibilities on behalf of yourself as the Student (‘Sign Up’).
During Sign Up, in order to provide You with maximum protection, You will be asked to input Your Your email address and You will be asked to choose a password to access your Account on the Site and to benefit from the Services in accordance with these Client Terms. You will keep Your password relevant to the Site and the Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your AMT Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify AMT immediately by email to email@example.com of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line). You will not create additional Accounts for the purpose of abusing the functionality of the Site or other registered Clients or for any other reason in breach of this Agreement.
Part of the sign up process will require you tell us some basic information about You and the subjects You wish to receive Tutoring Services for by using our simple online form. Completing Registration will give You access to protected areas of the Site. You can proceed to using the student dashboard.
AMT will subsequently send you an information pack containing details of how to get started. Upon reviewing these, if you would like to make a booking for your first lesson, all payments are made on AMT's website. You may be given the opportunity to identify and correct any errors with Your information before You make payment. You will then be required to make payment in accordance with clause 6. If Your payment is successful, We, on behalf of Tutors, will accept and complete Your order by sending You an order confirmation to the email You used during Sign Up to indicate acceptance of Your offer and the conclusion of a binding and legally enforceable Contract for the supply of the Services in accordance with these Client Terms. Payment can only be made from the Sponsor’s Account.
Clients can purchase Tutoring Services on a pay-as-you-go basis. You can pay for a weekly, a monthly or yearly block of lessons(Which covers the whole academic year).
In the event that Your plan is due to expire, We will send You notice of a ‘Top-Up’ prompt via email.
You may request a refund for a monthly or yearly plan only. You must provide Your request by email to firstname.lastname@example.org and include all Your bank details i.e. Your full name, sort code and account number (‘Refund Request Notification’) detailing your reasons. After reviewing your request,. Your refund shall be made within fourteen (14) days of AMT’s receipt of Your Refund Request Notification which will then be subject to the timescales imposed by Your banking clearing systems. Refunds shall only be provided in respect of AMT Credits purchased less than six (6) months prior to the Refund Request Notification. For the avoidance of doubt, no refunds shall be permitted in respect of AMT Credits purchased more than six (6) months prior to the Refund Request Notification.
Referral Discount Code: We currently have no referral discounts at the moment.
AMT reserves the right to suspend or terminate Your ability to purchase Tutoring Services at any time and for any reason without liability to AMT. Where terminated, Your AMT Login and Account shall be deactivated. AMT reserves the right to terminate after a six (6) month long continuous period of inactivity which means that You will no longer be permitted to use the AMT Services to purchase Tutoring Services via the Site. You will not be permitted to re-access the Site and the AMT Services without AMT’s express written permission and any terms intended to survive termination including clause 7.6 shall continue.
When You use the Site and the Services and when You book and accept the Tutoring Services, You must comply with any requirements as directed by AMT and the Tutor as amended from time to time and in accordance with these Client Terms. Client further and specifically agrees:
- To provide all service, telephony and/or other fees and costs associated with Your access to and use of the Services;
- To obtain and maintain all AMT Tools to use and access the Services in accordance with the clauses 5.3, 5.4 and 5.5. Any problem concerning a technical issue regarding a Client’s personal computer or internet service provider is not the responsibility of AMT. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
- To procure, maintain and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to and use of the Services;
- To provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the Services;
- To notify AMT immediately should the Student become incapacitated in any way and unable to attend Your Online Lesson. AMT can notify any Tutor on Your behalf if You have not already done so;
- To be solely responsible in assessing the suitability of a Tutor to deliver the Tutoring Services and the accuracy of their stated credentials, expertise, references, CRB/DBS (where applicable). CRB/DBS is self-certified by the Tutor and is not verified, validated or checked by AMT and any qualifications;
- To contact a Tutor via Company email and AMT instant messaging facility via the Site only. Other means of communication is prohibited;
- Not to act as an agent to promote the services or opportunities of a company; and,
- Not to publish any abusive comments about a Tutor or another Student on the Site or any other place including defamatory or derogatory comments.
AMT agrees to:
- Provide the AMT Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Tutor;
- Devote as much time to the provision of the AMT Services as may be necessary for their proper performance;
- Provide promptly and give to the Client all such information as they may reasonably require in connection with the provision of the AMT Services.
As an online service, AMT may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. AMT makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the AMT Services.
You are solely responsible for validating the interoperability and proper functioning of the AMT Tools and for undergoing troubleshooting where necessary. See the FAQs provided on the Site relating to questions about the Online Lesson Space which offer access to a technical guidance which may assist You. This includes information relating to the minimum system requirements.
In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Services. AMT uses all reasonable endeavours to make the Services available to all and where this is not possible for any reason whatsoever, AMT shall not be responsible nor liable to You as a result including for any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
- Resultant feedback (echos), audio break-ups, video or sound delays;
- Your failure to use and configure the prescribed headset and microphone;
- Your failure to at least meet the minimum system requirements.
You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during an Online Lesson due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Online Lesson shall continue without video and confirm that this is acceptable to You in all circumstances. For the avoidance of doubt, You will not receive a full or partial refund for bandwidth-related interferences from the Tutor.
Tutor authorises AMT and its agents on Tutor’s behalf to accept any credit or debit cards or other forms of payment approved by AMT in connection with the provision of the Tutoring Services via the Site including paypal, Mastercard, Visa and Maestro debit cards.
Tutor authorises AMT on Tutor’s behalf to charge and collect the face value of each Online Lesson at the current rates provided on the Site from Clients.
Client shall pay to AMT the Client Fees by any means made available via the Site from time to time. Your Tutor will not be VAT registered and will not charge You VAT for the Tutoring Services.
All prices relating to Tutoring Services are reviewable by AMT and shall become effective immediately upon posting on the Site and will be applicable to all bookings made after such posting.
Tutors are self-employed under any given Contract and engaged by You to provide the Tutoring Services. Tutors and Clients do not have the power to bind AMT in any way in respect of the obligations of the one to the other.
AMT charges a small Service Fee to Clients. This Service Fee is 1.75% and will be a minimum of 50 pence and a maximum of £2.50 per Online Lesson booking and are non-refundable. For customers from outside the EEC the Service Fee will be 3.5% This will be a minimum of £1 and maximum £5.00. The Service Fee is paid either when booking an Online Lesson or purchasing credits to be used to book an Online Lesson session. For the avoidance of doubt the Service Fees are not payable upon the redemption of AMT Credits.
CONDUCT AND FRAUD
You may only access the Site and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services.
You agree that You will treat the Tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the Online Lesson.
Save for where it may be deemed necessary as in clause 11, You agree that You will not disclose any information to a Tutor that could be considered personally identifiable information including Your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You. A violation of this Agreement may lead to a suspension of Your Account. Notwithstanding this clause, it is understood that AMT will pass Your name on to Your Tutor and You hereby forfeit Your privacy and anonymity under these Client Terms to the extent necessary to utilise the Services.
You agree that You will not solicit any such information from any Tutor, and agree that if any Tutor ever discloses such information to You; asks You for any personal information; or suggests any offline meeting or conversation; You will immediately report this to us.
You acknowledge that we may screen UGC and that we shall have the right (but not the obligation), in our sole discretion, to remove any UGC. We may terminate any Online Lesson where we consider, in our sole discretion, that You are uploading or otherwise transmitting inappropriate content. Without limiting the foregoing, we have the right to remove any UGC that violates these Client Terms or is otherwise, in AMT’s sole opinion, objectionable.
You shall not, without the prior written consent of AMT, at any time from the date of commencement of these Client Terms to the expiry of six (6) months after termination of these Client Terms whereupon Your Account and AMT Login are deactivated, solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Tutor introduced to You by AMT.
When using the Services, if You publish any UGC via the Site by way of uploading text, images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
- To AMT, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the AMT Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
- To each user of the Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement.
"Publicly accessible" areas of the Site are intended by AMT 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 acknowledge that all Online Lessons that You participate in may be recorded and You agree to the storage and use of such Recordings by AMT.
You agree that any UGC You contribute to Online Lessons or to the Site and/ or Services in general will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licenses referred to in clause 8.1a and 8.1b.
All Intellectual Property Rights in all Materials produced by the Tutor pursuant to the performance of the Tutoring Services shall be the property of the Tutor.
The Intellectual Property Rights contained on the AMT Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without AMT’s written permission. You acknowledge that all Intellectual Property Rights in and relating to AMT are owned by AMT or AMT’s licensors.
CANCELLATIONS, RESCHEDULING, NO-SHOW
This clause shall not apply to any cancellation or termination of an Online Lesson under clause 13.2.
You confirm and agree that the Tutor will have reserved a time slot and use of the online virtual Online Lesson Space and You therefore acknowledge and agree that the Tutoring Services shall commence on the Deemed Start Date and You hereby waive Your statutory cancellation rights to the extent possible pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) and agree for the Services to start on the Deemed Start Date. For the avoidance of doubt, prior to payment of Your Client Fees being received by AMT (which must be as soon as possible prior to the start time and date of the Online Lesson), a Client shall be entitled to cancel the Tutoring Services ordered. Once payment of Client Fees has been made by the Client, in the event that the Client wishes to cancel the Tutoring Services ordered, the following cancellation provisions shall apply:
a. if cancelled or rescheduled within twenty-four (24) hours of the Online Lesson start date and time, You shall forfeit 100% of the Client Fees payable; or, b. if cancelled in excess of twenty-four (24) hours prior to the Online Lesson start date and time
All Online Lesson cancellations (and any refund requests or requests to re-schedule) must be made directly via the Site and in writing to email@example.com (with “IMPORTANT – CANCELLATION REQUEST” or like message in the subject line) (“Cancellation Notification”). A refund granted under clause 9.2b(ii) by way of AMT Credit shall be subject to You following the notification process in this clause 9.3 in all circumstances.
If You simply do not show up to Your Online Lesson and You do not notify AMT, You will not be entitled to a refund in whole or in part under any circumstances.
RATINGS AND FEEDBACK
It is a feature of the Site and the AMT Services that the Client will leave Client Ratings.
During the last five (5) minutes of an Online Lesson session, a Tutor may complete feedback or comments or suggestions for You (which You will be able to access via Your Account).
A Tutor or a Client can report or raise any issues or concerns that they might have with the other at any time. Whether such feedback is complimentary or more akin to a Dispute, AMT will have full discretion as to whether they inform the other of such feedback. Where deemed necessary, AMT is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, AMT is entitled to suspend the AMT Services until an investigation is carried out and may in exceptional cases be entitled to terminate Your Agreement forthwith under clause 13.
DATA PROTECTION AND PRIVACY
The Client hereby agrees that by releasing any Personal Data as submitted by the Client on the Site, You acknowledge that You are wilfully providing Your Personal Data in an attempt to initiate contact with one or more potential Tutors. You understand that by accepting these Client Terms, You agree that AMT and the Site are not responsible for any advice or information given by a Tutor who a potential Client elects to initiate communication with and that by releasing any of Your Personal Data, it is understood that You hereby forfeit Your privacy and anonymity under these Client Terms to the extent necessary to utilise the Services.
All Disputes reported to AMT by a Client (or by a Tutor) via the Site will be investigated at AMT’s option. The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between You and an officer of AMT. AMT will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. AMT reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by AMT.
During any given Contract, You must inform AMT immediately and in any event, within twenty-four (24) hours, of any Dispute You may have with a Tutor in connection with the provision of the Tutoring Services rendered by a Tutor or otherwise.
You agree to cooperate fully with AMT in resolving any Dispute with a Tutor.
AMT reserves the right to suspend Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed.
The consequence of any investigation instigated by You or a Tutor is entirely at AMT’s discretion.
Subject to 13.2, these Client Terms shall commence on the date We activate Your Account on the Site and shall continue unless terminated with immediate effect (without compensation) upon either party serving Written Notice on the other or, if the Client is committed to an existing Contract, upon the conclusion of the existing Contract provided that AMT has no objections to the continuance of an existing Contract.
AMT reserves the right to terminate this Agreement with You immediately without compensation or Written Notice if You commit a breach of any of these Client Terms, or if:
- Any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
- You act in any way that has brought, or could bring, AMT in to disrepute; or,
- You do not show up at an Online Lesson without having cancelled it or You repeatedly cancel Online Lessons.
In the event of any such termination, Client shall pay for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination and neither AMT nor the Tutor shall be liable for any Losses incurred by You after the date of termination. For the avoidance of doubt, if AMT terminate this Agreement with You and You have paid the Tutor for Online Lessons in advance, AMT agrees to procure that the Tutor will refund You all the pre-payments within fourteen (14) calendar days of termination. AMT reserves the right to disallow a Student to re-register with a different Sponsor. If You are a Sponsor for more than one Student, AMT terminating a contract with any one Student shall not affect the same Sponsor’s ability to sponsor or continue to sponsor a new Student or existing Student respectively.
WARRANTIES AND INDEMNITIES
As a Client, You hereby warrant, represent and undertake to AMT and Tutor that:
- Student is at least eighteen (18) years of age and if not, both Student and Sponsor will each register separately on the Site;
- You are personally responsible for the information posted by You on the Site and submitted throughout Sign Up and Registration which You shall ensure is accurate, true, up-to-date and complete at all times during;
- You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Contract. No UGC will be offensive or defamatory;
- You will comply with all the Client obligations set out at clauses 4 and 5.3;
- Whilst this contract is in force you will only ever contact a Tutor via the Site;
- You agree at all times to comply with the provisions of the Data Protection Legislation;
- You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;
- You will protect your unique password in accordance with clause 3.2.
- You accept full responsibility for any Disputes raised as a result of issues connected to the performance or non-performance of Your AMT Tools affecting Your proper access to the Tutoring Services;
- You have read, understood and familiarised yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety.
You shall indemnify and hold harmless AMT (and any Tutor as the case may be) on demand, and shall keep AMT (and any Tutor) fully and effectively indemnified against any and all Losses arising out of or in connection with:
- The Services;
- Any breach of these Client Terms or breach of obligation or warranty by You or the acts or omissions of You (other than and to the extent that any losses arise directly from breach of these Client Terms by AMT or by AMT’s negligence); and,
- Any and all claims, complaints or legal proceedings instigated by a Tutor against You.
LIMITATION OF LIABILITY
- You agree that subject to clause 15.2, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Services. Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total Client Fees paid by You in the one (1) month preceding the date on which the liability arose.
- Nothing in these Client Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
- For clarification, the AMT Services are primarily (but not exclusively) designed to be used within the territory of the United Kingdom and except as expressly set out in this Agreement, AMT gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
Assignment: You shall not, without the prior written consent of AMT, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Client Terms. AMT may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Client Terms.
Enforceability: If any one or more of the provisions of these Client 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 Client Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
No Partnership: Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
THIRD PARTY RIGHTS
User may enforce the Tutor Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, these Tutor Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
LAW AND JURISDICTION
All of these Client Terms are governed by English Law and any disputes arising in relation to the Tutor Terms, the Site or the Services are subject to the exclusive jurisdiction of the English Courts.