CLAUSE 9 EXPLAINS HOW A TUTOR AND STUDENT ENTER INTO CONTRACTS WITH EACH OTHER.
Last updated: 22 January 2021
1.1 We are Accelerate Tutors Limited a company registered in England and Wales. Our company registration number is 12558496 and Our registered office is at 1st Floor, LABS House, 15-19 Bloomsbury Way, London WC1A 2TH. References to Us, Our and We means Accelerate Tutors Limited. References to our Website is to https://acceleratetutors.com. You can contact Us by telephoning Our customer service team at 0300 124 0488 or by sending an email to Us at [email protected]
1.2 If We have to contact You We will do so by writing to You. This means that We may contact You by sending You an email and/or We may send You a text, SMS and/or WhatsApp message to the email address and/or phone number that You provide to Us when You set up an Account on the Platform. We may also or alternatively post notices on the Platform and/or We may send push notifications to You. Push notifications may provide reminders to access Your Account and/or the Website or Platform. Please check Our communications regularly, ideally every time You use the Platform.
2 Definitions and interpretation
2.1 Within these Terms, capitalised words have the meanings given to them in this list (unless the context requires otherwise):
2.1.1 Acceptable Use Policy: means all of clause 24;
2.1.2 Account: an account to use Our Website and Platform which must be set up by a user (whether as a Student or a Tutor) if they want to book or offer Services.
2.1.3 Booking Confirmation: issued by the Platform on behalf of the Tutor when the Tutor accepts an Order and which includes a link to these Terms.
2.1.4 Cancellation Policy: has the meaning given to it in clause 10.1.
2.1.5 Charges: the total charges are the Tutor Charge plus the Platform Fee and are inclusive of VAT.
2.1.6 Content Standards: means Our standards available here.
2.1.7 Contract: formed when a Booking Confirmation is issued to the Student, following an Order.
2.1.8 Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications).
2.1.9 Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
2.1.10 Interactive Services: has the meaning given to it in clause 24.6.
2.1.11 Insurance Policies: commercial general liability insurance cover, professional indemnity insurance cover and public liability insurance cover.
2.1.12 Order: an order (which includes the Specification) placed by a Student with a Tutor for the Services.
2.1.13 Payment Error: has the meaning given to it in clause 15.1.
2.1.14 Platform Fee: the amount We charge each Student so that they can use the Platform.
2.1.15 Student: an individual requiring tuition, or if that individual is aged under 18 years old a parent or legal guardian who is responsible and liable for and acting on behalf of the individual.
2.1.16 Service: tutoring services, to be delivered either on a one-on-one basis or in small groups.
2.1.17 Session: the delivery of the Service (such as a class face-to-face or online) provided by a Tutor to a Student or Students agreed and recorded on the Platform. A Course of Sessions means more than one Session.
2.1.18 Specification: the description of the Service (including the subject, Charges, times, dates and locations of Sessions, any targets or objectives that the Student wants to work towards and any other requirements of the Student) agreed in writing and recorded on the Platform by the Tutor and the Student.
2.1.19 Tutor: provider of Services.
2.1.20 Tutor Charge: the amount a Tutor decides to charge for each Session in exchange for providing the Services.
2.1.21 Tutor Materials: materials, equipment, documents and other property of the Tutor.
2.1.22 You, Your: a user of Our Website and Platform (in some places these Terms are stated to apply to Students and in other places they apply to Tutors, but if they do not say then they apply to each of Students and Tutors);
2.1.23 UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) (GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
2.1.24 Valid Transfer Mechanism: a mechanism governing the transfer of personal data: (i) outside of the European Economic Area (with the exception of the UK); or (ii) from the European Economic Area to the UK, in each case which is recognised by the UK government and/or the European Commission as providing adequate protection for personal data, including transfers to countries that have been designated as adequate, use of standard contract clauses, use of approved binding corporate rules and/or reliance on derogations provided under the Data Protection Legislation.
2.1.25 VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere.
2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.3 Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural shall include the singular; and (b) a reference to one gender shall include a reference to the other genders.
2.4 Clause headings shall not affect the interpretation of these Terms.
2.5 If you are a consumer, these Terms add to your legal rights which remain unaffected. For further advice please visit https://www.citizensadvice.org.uk/consumer/
3 These Terms
3.1 These are the Terms on which We make the Website and Platform available to You. The Platform is to facilitate meetings between Tutors and Students, enabling a Student to book private tuition Services from a Tutor, either on a one-on-one basis or in small groups. You will only be able to access the Platform if You register for an Account in accordance with clause 5
3.2 Please read these Terms carefully before You use Our Website and Platform, and again before You enter into a Contract (see clause 9 below). These Terms tell You who We are, how We will provide the Platform to You, how You and We may change or end access to the Platform, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms please contact Us straightaway.
3.3 By using Our Website and Platform, You confirm that You accept these Terms (including Our Acceptable Use Policy and Content Standards) and that You agree to comply with them. If You do not agree to these Terms, You must not use Our Website and Platform. In consideration of You agreeing to abide by these Terms We grant to You a non-exclusive, non-transferable licence to use the Website and Platform on these Terms until terminated. We strongly recommend that You print a copy of these terms for future reference.
4 Other terms that apply to You
5 Your Account
5.1 To use Our Platform to book or to offer Services You must register for an Account. You must treat Your user name and password and any other information required as part of Our security procedures as confidential. You must not disclose it to any third party.
5.2 You must be aged over 18 years old to have an Account. If You are a Student acting on behalf of an individual aged under 18 years old, You are responsible for that individual including any interaction that individual may have with the Website and Platform.
5.3 We have the right to disable any Account, user name or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.
5.4 If You know or suspect that anyone other than You knows Your Account details including user name or password You must immediately notify Us at [email protected]. You are responsible for maintaining Your Account therefore We advise that You log out of the Platform whenever you have finished using it because if another person uses Your Account, You will be accountable for their actions. If You have informed Us that Your Account has or may be compromised, We can block the Account from that point so that it cannot be accessed. You will be invited to reset Your password, and You may be required to provide additional information so that We can verify You are who You say You are.
5.5 Once Your Account is set up, You can browse Tutors’ profiles and, if You are a Student You can contact a Tutor to discuss Your requirements and their advertisement. All communication between a Tutor and a Student must be undertaken on the Platform. A Tutor and Student must not email, voice or video call, text, SMS, WhatsApp message or send any other form of message to one another outside of the Website and Platform.
5.6 By setting up an Account and accepting these Terms, there is no obligation on either Student or Tutor to enter into a Contract (see clause 9).
6 Use of Our Website and Platform
6.1 Our Website and Platform is made available free of charge but please see clause 14 below for Charges for Services.
6.2 We shall use reasonable endeavours to make Our Website and Platform available to You. We do not guarantee that Our Website and Platform, or any content on it, will always be available or be uninterrupted (for example it may be temporarily unavailable while we upgrade it). We may suspend, withdraw or restrict the availability of all or any part of Our Website and Platform for business and operational reasons. We will try to give You reasonable notice of any suspension, withdrawal or restriction. Our Website and Platform are directed to people residing in the United Kingdom. We do not represent that content or Services available on or through Our Website and Platform is appropriate for use or available in other locations.
6.3 We may update and change Our Website and Platform from time to time: (a) if necessary to comply with any applicable law or regulatory requirement; or (b) if We consider that the amendment will not materially affect the nature or quality of the Website and Platform; or (c) to reflect changes to Our users' needs and Our business priorities.
6.4 We do not provide tutoring or teaching services so any content that We provide on Our Website and Platform is provided for general information only. It is not intended to amount to advice on which You should rely.
6.5 We do not provide work finding or vetting services but operate solely as a Platform through which meetings between Tutors and Students can be arranged directly and Students can book private tuition Services from a Tutor directly. It is the responsibility of the Student and Tutor to ensure that any bookings made are suitable for their requirements.
6.6 Although We make reasonable efforts to update the information on Our Website and Platform, it is provided “as is” and We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website and Platform is accurate, complete or up to date. You should use Your judgement when considering any information posted on the Website and Platform (including information and comments provided by other users) and You should ask questions whenever anything is unclear or if You are uncertain.
6.7 We do not review or check a Tutor’s references, qualifications, insurances or Enhanced Disclosure and Barring Service (DBS) Check, but the Tutor is under an obligation to confirm that they have a recent Enhanced DBS check, that is no more than three years old, with no unspent criminal convictions.
6.8 This Website and Platform include information and materials uploaded by other users (including Tutors and Students). This information and these materials have not been verified or approved by Us. The views expressed by other users on Our Website and Platform do not represent Our views or values and We have no responsibility or liability for the same. If You wish to complain about content uploaded by other users, please contact Us in accordance with clause 1 above.
6.9 You must use Our Website and Platform in accordance with Our Acceptable Use Policy and Our Contents Standards. If You think another user is breaching Our Acceptable Use Policy or Content Standards please let us know. If a user is in breach of these Terms or Our behaviour expectations We reserve the right to block that person’s access to the Platform.
6.10 We do not guarantee that Our Website and Platform will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform to access Our Website and Platform. You should use Your own virus protection software.
6.11 You must not misuse Our Website and Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website and Platform, the server on which Our Website and Platform is stored or any server, computer or database connected to Our Website and Platform. You must not attack Our Website and Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Website and Platform will cease immediately.
6.12 Where Our Website and Platform contains links to other websites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those websites or resources.
6.13 We amend these Terms from time to time. Every time You wish to use Our Website and/or Platform, please check these Terms to ensure You understand the terms that apply at that time. These Terms were most recently updated on the date stated at the start.
7 Students’s obligations
7.1 If You are a Student these additional requirements apply to You.
7.2 You are responsible for Your acts or omissions but if You are under 18 years old Your parent/legal guardian is responsible for You and they enter the Contract with the Tutor as a Student. If a parent/legal guardian enters a Contract or schedules a Session on behalf of a child, there is no requirement for Us or the Tutor to confirm with that child that they want to receive the Services.
7.3 We do not provide a matching service therefore You should use Your judgement when considering the suitability of any Tutor for Your needs.
7.4 You must:
7.4.1 only contact Tutors through the Platform that You are genuinely interested in (e.g. you want to know more about their specialism and skills before you decide if they are the correct Tutor for Your requirements). If You contact lots of Tutors without the intention of contracting with any of them, We may suspend Your Account;
7.4.2 never share Your personal contact details (such as email address or telephone number) with a Tutor or other user of the Website or Platform;
7.4.3 carefully consider any advert and communication provided by a prospective Tutor before placing an Order for Services. This includes checking the Tutor’s profile, their qualifications, references and insurance. Ensure that You have enough information about the Services offered and that You are satisfied that You have received all of the information You require from the Tutor (if for example You wish to review a Tutor’s references or Enhanced DBS check, please contact them directly via the Website or Platform to do so, and they will be provided). You must agree times, locations and the Tutor Charge for Services with the Tutor and record everything in Your Specification;
7.4.4 carefully check each Booking Confirmation and be happy that it is correct. You must immediately notify the Tutor of any mistake or problem;
7.4.5 pay the Charges in accordance with clause 14 below;
7.4.6 make sure that Your home/premises is safe and that a suitable space is available for the Session, including if the Tutor is going to provide Services at Your home/premises. SEE ALSO CLAUSE 10 BELOW;
7.4.7 be courteous and co-operate with the Tutor in all matters relating to the Services which includes following the Tutor’s reasonable instructions when they are providing the Services;
7.4.8 provide the Tutor with the information and materials as the Tutor may reasonably require so that they can supply the Services, and ensure that the information, including Your personal information, that You upload to the Platform is up-to-date, complete and accurate so far as You can;
7.4.9 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start and during the Services (for example licences to use Your computer/mobile device);
7.4.10 keep all Tutor Materials which are at Your premises and on Your device/computer in safe custody at Your own risk, maintain the Tutor Materials in good condition until returned to the Tutor, and not dispose of or use the Tutor Materials other than in accordance with the Tutor’s written instructions or permission;
7.4.11 have suitable equipment (anything you may reasonably need) and maintain sufficient internet speed to receive the Services and use the Platform. Check with the Tutor before placing an Order whether You need anything specific. You will not be entitled to a refund if You do not have all of the equipment that you need for a Session; and
7.4.12 comply with any additional obligations as agreed between You and the Tutor, that may be documented on the Platform (for example, minimum time required to prepare for each tutoring session).
7.5 You will be invited to provide reviews and rank Tutors that You have dealt with. You agree that any reviews and ratings that You will provide will be fair and reasonable and You acknowledge that the feedback You provide may impact a tutor’s position on Our Website and Platform. If We or a Tutor think that Your review is particularly unfair We may remove it from the Platform in accordance with Our Acceptable Use Policy and/or Content Standards.
7.6 In order to protect Us, You promise Us that after receiving any communications from a Tutor or prospective Tutor, You will not during the 12 months after the communication, try to secure outside of the Platform the business or custom of the Tutor with a view to receiving services from that Tutor in competition with Our business including our Website and Platform.
7.7 If You breach clause 6, We reserve the right to charge You up to £2,000 to compensate Us for the loss of use of Our Platform and Website and We consider this to be reasonable and proportionate to protect Our legitimate aim of operating the Platform and Website.
8 Tutor’s obligations
8.1 If You are a Tutor these additional provisions apply to You.
8.2 You must be at least 18 years old to offer the Services and must be legally entitled to work in the UK. You warrant that You are entitled to work in the UK without any additional approvals and will notify Us immediately if You cease to be so entitled.
8.3 You are responsible for Your acts or omissions. You have no permission to act on Our behalf and You are not Our employee or under our supervision, direction or control.
8.4 If You are acting on behalf of a corporate entity, by accepting these Terms You confirm that You have authority to act on behalf of the business/company.
8.5 We review Tutor profiles from time to time and We may ask You to add more information to your profile and Account before You are allowed to advertise Your Services, or to continue advertising Your Services. This is so that Students can make a full and fair assessment when considering the options available to them.
8.6 We do not provide a matching service therefore You should use Your judgement when considering Your suitability for the needs of any Student who contacts you.
8.7 You must:
8.7.1 provide the Services, including the Tutor Materials, with all due care, skill and ability and be courteous, approachable and contactable through the Platform and respond to communications promptly;
8.7.2 only contact any Student through the Platform and You should only contact a Student if they contact You first. Never share Your personal contact details (such as email address or telephone number) with a Student;
8.7.3 check a Student’s age, and if they are under 18 years old You must ensure that a parent or legal guardian will enter the Contract with You on the minor’s behalf (i.e. the parent/legal guardian is the Student and is responsible for the minor);
8.7.4 carefully consider any communication provided by a prospective Student before accepting an Order for Services. This includes checking the Student’s profile, their requirements and ensure that You have sufficient information about the Services they want to order. You must be satisfied that You have received all of the information You require from the Student;
8.7.5 agree a Specification for Services with the Student and record everything in Your written communications with the Student on the Platform. If You need a Student to have specific equipment for the Services You must inform the Student before they place an Order and the equipment should be listed in the Specification;
8.7.6 provide the Student with the information and materials as You think that they reasonably require to enable them to receive the Services, and ensure that the information, including Your personal information, on the Platform is up-to-date, complete and accurate so far as You can;
8.7.7 unless prevented by ill health or accident, deliver the Services as per the Order, which You accepted in the Booking Confirmation;
8.7.8 not complete (in part or in whole) any work including school or university work including projects, homework or coursework on behalf of the Student;
8.7.9 not have any unspent criminal convictions of any kind subsisting at the date of You register for an Account and You must inform Us immediately of any criminal prosecution subsequently brought against You;
8.7.10 have an Enhanced DBS check, which should never be more than three years old, and not include any unspent criminal convictions. You must confirm by ticking when prompted on the Platform and Your Account that You have a current DBS and that You are happy to share this with the Student on request. This ‘tick’ will appear on Your profile. Please see Our Safeguarding Policy for more information here;
8.7.11 obtain and maintain all necessary equipment, licences, permissions and consents which may be required for the Services before the date on which the Services are to start and during the Services (for example licences to use the computer/mobile device);
8.7.12 make sure that any premises that You intend to use for the Services is safe and a suitable space is available for the Session, including if You will meet the Student in person. SEE ALSO CLAUSE 10 BELOW;
8.7.13 maintain in force during full and comprehensive Insurance Policies which are taken out with reputable insurers acceptable and that the level of cover and other terms of insurance are acceptable in light of the Services that You provide. You will on request supply to the Student copies of such Insurance Policies and evidence that the relevant premiums have been paid.
8.8 If You are unable to provide the Services due to illness or injury, You must inform the Student as soon as reasonably practicable. For the avoidance of doubt, no Charges shall be payable in accordance with clause 14 when the Services are not provided.
8.9 The Tutor Charge must be competitive. If you provide any comparable tuition services either offline or online (directly or indirectly) otherwise than under the terms of a Contract (a “Separate Arrangement”)’ (but for the avoidance of doubt you are not permitted to provide services to any Student with whom you are in a Contract with or have been in the previous 12 months), We ask that You extend the benefit of any introductory or special offers or discounted rates (funded by You) to Services provided by You under a Contract.
8.10 If You breach clause 9 or clause 8.12.1 (below), We reserve the right to charge You up to £2,000 to compensate Us for the loss of use of Our Platform and Website and We consider this to be reasonable and proportionate to protect Our legitimate aim of operating the Platform and Website.
8.11 You agree that any Student may publish reviews and provide feedback about You on the Website and Platform and You agree that such feedback may impact Your profile and where You appear in Our search results. Please refer to our [FAQS] for information on how the feedback may impact your profile.
8.12 In order to protect Us, You covenant with Us that:
8.12.1 after receiving any communications from a Student or prospective Student, You will not for 12 months after the communication, solicit or endeavour to entice away from the Platform the business or custom of the Student with a view to providing services to that Student in competition with Our business including our Website and Platform; and
8.12.2 You will not at any time, represent that You are an employee of Ours.
8.13 The restrictions imposed on You by clause 12 apply to You acting directly or indirectly; and on Your own behalf or on behalf of, or in conjunction with, any firm, company or person.
8.14 You will indemnify Us against all liabilities, costs, expenses, damages and losses (including 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 Us arising out of or in connection with:
8.14.1 Your breach or negligent performance or non-performance of these Terms or the Website or Platform;
8.14.2 any claim made against Us for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with Your use of the Website or Platform or Your Services;
8.14.3 any claim made against Us by a Student arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms or the Website or Platform by You, Your employees, agents or subcontractors;
8.14.4 any claim made against Us by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms or the Website or Platform by You, Your employees, agents or subcontractors.
9 Contracts and Sessions between a Student and a Tutor - STUDENT and TUTOR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
9.1 Before a Student submits an Order, any quotation or information given by the Tutor on the Platform to the Student does not constitute an offer, and is only valid for a period of 5 days from its date of issue.
9.2 Any samples, drawings, descriptive matter or advertising issued by the Tutor, and any descriptions or illustrations contained in the Tutor's profile on the Platform are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
9.3 If a Student chooses a Tutor to provide the Services, and the Student has agreed on a Specification which fits their requirements, in order to receive the Services the Student must place an Order with the Tutor on the Platform. The Tutor will be notified of the Student’s Order and they then decide (in their sole direction) to either accept or reject the Order. The Student will be notified of their decision through the Platform. If the Order is accepted the Student will receive a Booking Confirmation and at that point a Contract comes into force. If a Tutor does not respond to an Order within 5 days, it will be deemed not accepted and no Contract comes into force.
9.4 If the Tutor cannot accept the Order, they will inform the Student of this in writing on the Platform and the Student will not be charged for the Services. This might be because the Tutor is unavailable at the times required by the Student or because the Tutor has identified an error in the price or description of the Services. A Tutor may provide reasons as to why they rejected an Order. The Student can then decide whether to submit a new Order with revised requirements. If so, clause 3 applies.
9.5 The Order may be for a single Session or a Course of Sessions and will be confirmed in the Booking Confirmation. The Order constitutes an offer by the Student to purchase Services from the Tutor in accordance with these Terms.
9.6 If You are a Student You must provide an up-to-date debit or credit card when prompted during the booking process. If You are a Tutor, You must provide Your bank account details when prompted during the booking process so that You can receive payment of the Tutor Charge.
9.7 Once a Contract has commenced:
9.7.1 all bookings of individual Sessions must be made through the Platform and for the avoidance of doubt a booking cannot be made before the Contract is entered into. If either Tutor or Student attempts to avoid using the Platform to complete the booking of the Session We will still be entitled to the Platform Fee;
9.7.2 the Tutor will supply the Services to the Student in accordance with the Specification in all material respects and the Tutor will begin the Services on the date agreed with the Student;
9.7.3 where Services are provided online, each of the Tutor and Student are responsible for maintaining adequate and sufficient internet connection. This must be strong enough to cope with videos and audio, as may be required from time to time. If the Student’s internet connection is not strong enough so that it is not possible for the Session to be delivered materially in full, the Student will not be entitled to a refund. If the Tutor’s internet connection is not strong enough so that it is not possible for the Session to be delivered materially in full, the Student will be entitled to a refund of the Tutor Charge only; and
9.7.4 if the Tutor needs to change the Services to comply with any applicable law or regulatory requirement the Tutor shall notify the Student and the Student may choose to terminate the Contract.
9.8 If You breach clause 7.1 We reserve the right to charge You up to £2,000 to compensate Us for the loss of use of Our Platform and Website and We consider this to be reasonable and proportionate to protect Our legitimate aim of operating the Platform and Website.
9.9 If the Tutor’s supply of the Services is delayed by an event outside the Tutor’s control then the Tutor will contact the Student as soon as possible to let the Student know and the Tutor will take steps to minimise the effect of the delay. Provided the Tutor does this the Tutor will not be liable for delays caused by the event, but if there is a risk of substantial delay the Student may contact the Tutor to end the Contract and receive a refund for any Services the Student has paid for but not received.
9.10 Tutor’s limitation of liability: THE STUDENTS’S ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION.
9.10.1 If the Tutor fails to comply with these Terms, the Tutor is responsible for loss or damage the Student suffers that is a foreseeable result of the Tutor breaking the Contract or the Tutor failing to use reasonable care and skill, but the Tutor is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both the Tutor and the Student knew it might happen, for example, if the Student discussed it with the Tutor during the negotiations.
9.10.2 This includes liability for death or personal injury caused by the Tutor’s negligence or the negligence of the Tutor’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Student’s legal rights in relation to the Services including the right to receive Services which are: as described and match information the Tutor provided to the Student; of satisfactory quality; fit for any particular purpose made known to the Tutor; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
9.10.3 If the Tutor is providing Services in the Student’s property, the Tutor will make good any damage to the Student’s property caused by the Tutor while doing so. However, the Tutor is not responsible for the cost of repairing any pre-existing faults or damage to the Student’s property that the Tutor discovers while providing the Services.
9.10.4 The Tutor only supplies the Services for domestic and private use. If the Student uses the Services for any commercial, business or re-sale purpose the Tutor will have no liability to the Student for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10 Cancellations and no-shows
10.1 The Cancellation Policy is:
10.1.1 neither a Student or a Tutor can cancel a Session from the time a scheduled Session starts or during a Session;
10.1.2 under the Consumer Contracts Regulations 2013 a Student can change their mind about Services bought online within 14 days and receive a refund. Where a Tutor has already provided Services, the Student still has a right to change their mind (provided this is within the 14 day period), but the Student will be required to pay Charges for Services received. As such if the Student cancels the Contract or a Session or a Course of Sessions, within the 14 day period, after the Tutor has started the Services, the Student must pay the Charges for the Services provided up until the time the Student notifies the Tutor that the Student has changed their mind as calculated in clause 10.1.4; and
10.1.3 if a Student wants to cancel the Contract or a Session the Student must notify the Tutor using the option on the Platform. If the Student tries to cancel in any other way (outside of the Platform) the attempt will not be valid and the Contract or Session (as applicable) will not be cancelled.
10.1.4 If the Student:
(a) cancels 48 hours before the scheduled start time of a Session the Student will not pay the Charges; or
(b) cancels between 48 and 24 hours before the scheduled start time of a Session the Student will pay 50% of the Charges; or
(c) cancels less than 24 hours before the scheduled start time of a Session the Student will pay all of the Charges (and for the avoidance of doubt this is non-refundable); or
(d) cancels the entirety or the remainder of a Course of Sessions, the timeframes in clauses (a) to (c) apply in relation the next scheduled Session so Charges will be payable (in full or in part) if not cancelled in accordance with (a).
10.2 If a Tutor needs to rearrange or cancel a Session the Tutor must as soon as possible contact the Student on the Platform. The Student is under no obligation to accept any changes that the Tutor proposes and the Student may terminate the Contract if it wants. If a Tutor contacts the Student on the Platform to:
10.2.1 cancel a particular Session the Cancellation Policy does not apply and the Student will not be required to pay the Charges; or
10.2.2 rearrange a scheduled Session, the Student may choose to accept the change (and so the Charges will be applicable for the new Session) or the Student can reject the change in which case the particular Session will be cancelled and the Student will not be required to pay the Charges. If the Student’s Order is for a Course of Sessions, the Student may decide to cancel the remaining Sessions in accordance with the Cancellation Policy.
10.3 At the agreed start time of a Session:
10.3.1 and unless the Student cancelled in accordance with the Cancellation Policy, if the Tutor does not provide the Service for any reason including if the Tutor is delayed by more than 10 minutes from the start time (and the Tutor did not tell the Student via the Platform that the Tutor would be delayed so that the Student and Tutor could agree to the later start time), the Tutor will not be entitled to the Tutor Charge. We are still entitled to the Platform Fee;
10.3.2 if the Student does not arrive on time for the Session the Tutor must send them a message on the Platform and wait for 15 minutes. The Tutor must always contact the Student through the Platform so that there is a record that the Tutor attempted to contact the Student. If the Tutor does not contact the Student, clause 3.1 applies. If the Student does not arrive by the 15 minutes after the scheduled start time of the Session, the Tutor can cancel the Session on the Platform and the Student will be liable for the Charges, even if they subsequently arrive.
10.4 If You choose to stop using the Website and Platform at any time, or We suspend or terminate Your Account in accordance with clause 1 or 19.2:
10.4.1 if You are a Student, any outstanding Sessions that You have scheduled will be cancelled in accordance with the Cancellation Policy which may result in You paying Charges; and
10.4.2 if You are a Tutor, if You have any Sessions booked for Services that You have not yet provided, those Sessions will be immediately cancelled and We will contact the respective Student who may choose to book with another Tutor instead. You will only be entitled to Tutor Charges where You have already provided the Services. You may be liable for refunds for Tutor Charges which You received but where You have not provided the Services.
10.5 If any of Us, Tutor or Student cancels a Session (either a single Session or a Course of Sessions), Our Platform will notify both Tutor and Student and the Bookings section of each of user’s Account on the Platform will be updated to reflect the change.
11 When You might terminate a Contract
11.1 A Student may want to end a Contract with a Tutor if:
11.1.1 the Tutor plans to change the Services and the Student does not agree to the change or if the Tutor has told the Student about an error in the Specification so the Student does not wish to proceed;
11.1.2. there is a risk that supply of the Services may be significantly delayed because of events outside the Tutor’s control;
11.1.3 the Tutor has suspended supply of the Services for technical reasons, or notified the Student that the Tutor is going to suspend them for technical reasons, in each case for a period of more than 15 minutes; or
11.1.4 the Student has a legal right to end the Contract because of something the Tutor has done wrong.
11.2 The Tutor may end the Contract at any time by writing to the Student on the Platform if the Student does not, within a reasonable time of the Tutor asking: (a) provide the Tutor with information that is necessary for the Tutor to provide the Services; or (b) allow the Tutor to provide the Services to the Student.
11.3 If the Tutor wants to stop providing the Services, the Tutor must provide at least 24 hours’ notice to the Student on the Platform, and on expiry of the notice the Contract terminates.
11.4 Nothing in this clause 11 stops either the Student or Tutor from closing their Account on the Platform in accordance with clause 4.
12 Consequences of termination
Upon termination all rights granted to You under these Terms will immediately stop which means You must stop all activities authorised these Terms including using the Website and Platform and the Services will also end. The Student will immediately pay all outstanding unpaid Charges but if the Student is entitled to a refund the Tutor must make any refunds as soon as possible and within 14 days of the last date the Services were provided. The Student shall return all of the Tutor Materials, unless the Tutor tells the Student that they can keep the Tutor Materials.
13 Safety and child protection
13.1 Each Student is responsible for their own safety and security, in connection with the Services provided via the Platform, and any Services that take place offline, not on the Platform. Each Student must take every necessary precaution to ensure that they receive the Services in a safe environment, whether at a location chosen by the Student or when visiting a location suggested by the Tutor. Where the individual receiving tuition is aged under 18 years old, the Student (i.e. their relevant parent/legal guardian) is responsible for the minor’s safety and security in accordance with this clause 13.
13.2 It is the Tutor’s choice, acting reasonably and responsibly, to determine whether they want to offer the Services to any Student.
13.3 Tutors must take care and every safety measure necessary to ensure that they provide the Services in a safe environment, whether at a location chosen by the Tutor, or when visiting a location suggested by the Student.
13.4 We are not responsible for any engagement between any Tutor and any Student, at any time, whether this be on or off of the Platform.
13.5 As stated above at clause 7.10, every Tutor must ensure that they have a DBS check, no more than three (3) years old, not contain any unspent criminal convictions, before providing any tutoring services.
14.1 The Student must pay the Charges which include VAT. The total Charges will be displayed on the Platform and a Student’s Order will be subject to those Charges. The Charges will be confirmed in the Booking Confirmation. If You think the Charges in a Booking Confirmation are wrong please immediately contact Us at [email protected] to let Us know.
14.2 All Charges are paid, and if applicable refunds are processed, using Stripe Payments Europe, Ltd. (Stripe) whose Terms are available here: Stripe Services Agreement and Stripe Connect Platform (which Stripe may update from time to time). You authorise Us to provide such information as We may require to enable Stripe to provide their services and You will provide us with all reasonable assistance that We may require so that We can comply with Our obligations to Stripe.
14.3 Payments facilitated by Stripe may reference ‘Accelerate Tutors’ because We are entitled to the Platform Fee only.
14.4 By placing an Order a Student consents to Stripe charging the payment card/payment method listed in their Account. Charges will be deducted at the point the Session is completed and once Stripe’s verification process is complete.
14.5 If the Student does not agree that the Session was delivered and has notified the Tutor, or if there are any other problems with payment (including if the Student does not have enough funds available on their chosen payment method to pay the Charges) the Student and Tutor will work in good faith to try to resolve the problem. If the issue cannot be resolved either Student or Tutor may contact Us in accordance with clause 1 and We will use reasonable endeavours where possible to help the Student and Tutor resolve the issue. During any dispute, neither Student nor Tutor will be required to pay any interest until the problem is resolved. Once the dispute is resolved the Student will be charged interest on sums that were correctly stated in the Booking Confirmation from the original due date, unless they are entitled to a refund in which case no interest will be charged.
14.6 Without prejudice to any other right or remedy that the Tutor or We may have, if the Student fails to pay Charges due on the due date then:
14.6.1 Tutor may suspend all or part of the Services until payment has been made in full; and
14.6.2 Student shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.2 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
14.7 If the Tutor does not deliver the Services in accordance with the Order (either at all or if they are at least 10 minutes delayed from the scheduled start time of the Session so that the Student is entitled to cancel the session in accordance with clause 3.1), due to the automated process Charges may have been deducted from the Student’s payment method but the Charges will subsequently be refunded in accordance with these Terms.
14.8 Any refunds due will be made as soon as possible. If a Student exercises their right to change their mind then the refund will be made within 14 days of cancelling the Order, unless any Services have already been provided in which case the Student will only be entitled to a refund for the proportion of Services not yet delivered.
14.9 All Charges payable under clause 14 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15 Payment Errors
15.1 If Stripe cannot take the Charges from the Student’s designated payment method (Payment Error), [Stripe is authorised to attempt to take payment again one hour later, and if there is a second Payment Error Stripe will try a third time one hour later. On every attempt that Stripe is not able to take payment, Student will receive automatic notifications from the Platform that there has been a Payment Error.
15.2 If payment remains outstanding for 14 days, We may refer the debt to a debt recovery agency and You acknowledge and agree that this may be required.
15.3 We are not liable for any loss of Tutor Charges due to Payment Errors.
16 Resolving issues and problems
16.1 We are not responsible for any Tutor or any Student nor are We responsible for ensuring that they comply with these Terms. From time to time We may in our sole discretion choose to consider disputes between a Student and a Tutor, and suggest possible resolutions, but in the event problems or issues arise between users, You should first try to resolve it between yourselves and You should start by contacting the other on the Platform.
16.2 If within 48 hours of the scheduled end time of a Session, You notify us at [email protected] and ask Us to investigate, We will use reasonable endeavours to help solve the dispute. We will review messages sent on the Platform between the Student and Tutor and You should provide assistance and further information that We may reasonably require.
16.3 If We decide that a Student or a Tutor has breached these Terms We may terminate that party’s Account. Our rights and remedies are reserved.
16.4 If Student or Tutor disagree with the outcome of Our decision at clauses 2 or 16.3, the matter may be dealt with by referring to the courts in accordance with clause 22.7.
16.5 If You are a consumer, the Consumer Rights Act 2015 says that You can ask for repeat in a Service or for an issue to be fixed with a Service if it is not carried out with reasonable care and skill, or get some money back if it cannot be fixed. You can get more detailed information of your legal rights by contacting the Citizens Advice website adviceguide.org.uk.
17 Intellectual property rights
17.1 You acknowledge that all Intellectual Property Rights in the Website and Platform throughout the world belong to Us, that rights in the Website and Platform are licensed (not sold) to You, and that You have no Intellectual Property Rights in, or to, the Website and Platform other than the right to use the Website and Platform in accordance with these Terms.
17.2 You acknowledge that You have no right to have access to the Website and Platform in source code form. You will not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website and Platform nor attempt to do any such things.
17.3 You are not permitted to use our trade marks without Our prior written approval, unless they are part of material You are using as permitted under clauses 4 and 17.5.
17.4 You may print off one copy, and may download extracts, of any page from Our Website and Platform for Your personal use but You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on Our Website and Platform must always be acknowledged.
17.6 Notwithstanding the Acceptable Use Policy and Content Standards, any content You upload to Our Website and Platform will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but You are required to grant Us and other users of Our Website and Platform a perpetual, royalty free, non-exclusive licence to use, store, copy modify and create new works from that content and to distribute and make it available to third parties.
18 Our responsibility for loss or damage suffered by You
18.1 Accelerate Tutors Limited is not a party to the Contract and has no liability or responsibility to the Student and Tutor for anything arising from the same.
18.2 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these Terms or Our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you entered into these Terms, both We and You knew it might happen.
18.3 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.4 We are not responsible for any loss or damage You may suffer due to the actions or omissions of any of users (Tutors or Students) of Our Website or Platform.
18.5 You acknowledge that the Website and Platform have not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Website and Platform as described in How it Works meet Your requirements.
18.6 We only supply the Website and Platform for domestic and private use. If You use the Website and Platform for any commercial or business purpose, including if You use it as a Tutor:
18.6.1 We exclude all implied conditions, warranties, representations or other terms that may apply to Our Website and Platform or any content on it including that they are: (a) of satisfactory quality; (b) fit for any purpose; (c) do not infringe a third party’s rights; (d) will be error-free or without interruption; (e) will be reliable, accurate or meet Your needs; (f) that You will be able to access or use the Website and Platform at any time and from any location; and
18.6.2 We will have no liability to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, Our Website and Platform; or use of or reliance on any content displayed on Our Website and Platform. In particular, We will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage; and
18.6.3 subject to clause 18.2 and 18.3, in any year Our total liability to You shall not exceed the higher of: (a) £100; and (b) where You have paid any Platform Charges in the 12 months immediately preceding the claim, the total of those Platform Charges paid by You in the aforementioned 12 month period; and
18.6.4 each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
19 When We might suspend or terminate access to the Platform and Website
19.1 We may temporarily suspend Your Account and therefore Your access to the Website and Platform if We know or reasonably suspect that are in breach of these Terms, including failure to pay any Charges on the due date for payment and if You remain in default not less than 14 days after being notified in writing in accordance with clause 2 to make such payment.
19.2 We may terminate Your Account and therefore Your access to the Website and Platform immediately by written notice to You in accordance with clause 2 if commit a material breach of these Terms or if You do not, within a reasonable time of Us asking (in writing in accordance with clause 1.2), remedy (if remediable) any breach of these Terms.
20 How We may use Your personal information
20.2 Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
21 Data Protection
21.1 If You are a Tutor, this clause 21 shall apply in addition to Your rights and obligations elsewhere under these Terms. In this clause 21, references to controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures shall have the meaning given to them in the Data Protection Legislation.
21.2 Both We and You will comply with all applicable requirements of the Data Protection Legislation. This clause 21 is in addition to, and does not relieve, remove or replace, Our obligations or rights or Your obligations or rights under the Data Protection Legislation. For the purposes of Data Protection Legislation, to the extent that You are the controller and We are the processor:
21.2.1 the below table sets out the scope, nature and purpose of processing, the duration of the processing and the types of personal data and categories of data subject:
|Subject-matter of processing||Provision of the Platform pursuant to these Terms|
|Nature and purpose of processing||
Hosting, storage, recording
For the purpose of providing the Platform to the Tutor to facilitate the introduction of Students
|Duration of processing||For as long as You have an active profile with Us|
|Types of personal data||Performance grades, email addresses, contact number, any other information which may constitute personal data that is inputted by the Tutor or the Student on the messaging system|
|Categories of data subject||Students, parents, guardians, Tutor|
21.2.2 You acknowledge and agree that You will be a controller of any personal data collected by You or that We process on Your behalf in relation to the Services and/or pursuant to the Platform. Without prejudice to the foregoing and the generality of clause 21.2, You will ensure that:
(a) You have all necessary appropriate consents and notices in place to enable the lawful transfer of the personal data to Us and/or Our lawful collection of the personal data on Your behalf;
(b) the personal data is accurate and up-to-date; and
(c) You will not do anything in connection with the personal data that would or might cause Us to be in breach of any Data Protection Legislation or other law and/or to incur liability to any data subject;
21.2.3 Without prejudice to the generality of clause 21.2, We shall, in relation to any personal data We process in connection with these Terms:
(a) process the personal data for the purposes of fulfilling Our obligations in these Terms and in compliance with Your written instructions as set out in these Terms;
(b) ensure that any persons used by Us to process personal data are required to treat the personal data confidentially;
(c) implement appropriate technical and organisational security measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
(d) taking into account the nature of the data processing activities undertaken by Us and the information available to Us:
(i) provide reasonable assistance to enable You to fulfil Your obligations to respond to requests from individuals exercising their rights under the Data Protection Legislation and notify You if we receive a request in relation to the foregoing;
(ii) notify You as soon as reasonably practicable if We or any sub-processor engaged by or on behalf of Us suffers a personal data breach relating to personal data that is processed in connection with these Terms;
(iii) following a notification under clause 21.2.3(d)(ii), provide reasonable co-operation, information and assistance to You as may be necessary to enable You to notify relevant supervisory authorities and data subjects of the personal data breach to the extent such notification is required under the Data Protection Legislation;
(e) assist You with carrying out data protection impact assessments and consulting with relevant supervisory authorities where such assessments and/or consultation are required pursuant to the Data Protection Legislation, provided that the scope of such assistance shall be agreed by You and We in advance and You shall pay Our reasonable costs incurred in providing such assistance;
(f) notify You if We in Our opinion, an instruction from You infringes Data Protection Legislation;
(g) upon termination of these Terms, at Your choice, delete or return all personal data to You and delete existing copies, except that We shall be permitted to retain back-up copies of data in accordance with Our normal back-up procedures; and
21.2.4 We may appoint one or more third parties as Our sub-processors for the purposes of fulfilling Our obligations under these Terms. We shall remain responsible to You for the actions of Our sub-processors and shall remain bound by Our obligations under this clause 21.2. A list of sub-processors used by Us is maintained by Accelerate Tutors. We will notify You of any intended changes to the sub-processors and shall give You a reasonable opportunity to object to any change. If You object on reasonable grounds relating to data protection within 30 days of such notification, both We and You will work together in good faith to resolve the objection. If the objection cannot be resolved within a reasonable period of time, You shall be entitled to terminate the part of these Terms that involves the use of the objected-to sub-processor. We will put in place a written contract with any sub-processor which includes obligations at least equivalent to those obligations required by the Data Protection Legislation.
21.2.5 We shall not transfer personal data: (i) outside of the European Economic Area (with the exception of the UK); or (ii) from the European Economic Area to the UK, without ensuring that a Valid Transfer Mechanism is in place with respect of all such transfers.
21.2.6 We shall make available to You on reasonable request all information necessary to demonstrate compliance with the obligations laid down in this clause 21.2 and shall allow for and contribute to audits, including inspections, conducted by You or another auditor mandated by You. You acknowledge that Our obligations under this clause 21.2.6 shall be fulfilled by Us providing, once in every twelve-month period on reasonable request, a copy of an audit report from an independent third party auditor demonstrating Our compliance with Our obligations under this clause 21.2.
22 Other important terms
22.1 You may only transfer Your rights or Your obligations under these Terms to another person if We agree to this in writing which shall be in accordance with clause 2. We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You in writing in accordance with clause
22.2 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
22.3 Accelerate Tutors is not an employer of Tutors or teachers. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
22.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
22.5 If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaching these Terms, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not pursue You but We continue to make the Platform available to You, We can still require You to make the payment at a later date.
22.6 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of Our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond Our reasonable control.
22.7 These Terms, their subject matter and their formation are governed by English law and You can bring legal proceedings in respect of the services in the English courts. If You live in Scotland You can bring legal proceedings in respect of the services in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
23 Linking to Our Website and Platform
You may link to Our home page, provided You seek Our prior written consent and then You must only link in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our Website and Platform in any website or social media account that is not owned by You. Our Website and Platform must not be framed on any other website or social media account, nor may You create a link to any part of Our Website and Platform other than the home page. The Website and Platform in which You are linking must comply in all respects with Our Acceptable Use Policy and Our Content Standards. We reserve the right to withdraw linking permission without notice. If You wish to link to or make any use of content on Our Website and Platform other than that set out in this clause 23, please contact Us in accordance with clause 1.1.
24 Acceptable Use Policy
24.1 This Acceptable Use Policy sets out our requirements that apply when You upload content to Our Website and Platform, make contact with other users on Our Website and Platform, link to Our Website and Platform, or interact with Our Website and Platform in any other way. You must also comply with Our Content Standards. You warrant that You comply at all times with this Acceptable Use Policy and Our Content Standards, and You will be liable to Us and indemnify Us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.
24.2 We have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to Our Website and Platform constitutes a violation of their intellectual property rights, or of their right to privacy. We also have the right to remove any posting You make on Our Website and Platform if, in Our opinion, Your post does not comply with the Content Standards or Our Acceptable Use Policy.
24.3 We do not store terrorist content.
24.4 You may use Our Website and Platform only for lawful purposes and You must ensure that You comply with all applicable laws. You may not use Our Website and Platform:
24.4.1 in any way that breaches any applicable local, national or international law or regulation;
24.4.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
24.4.3 for the purpose of harming or attempting to harm minors in any way;
24.4.4 to bully, insult, intimidate or humiliate any person;
24.4.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content Standards;
24.4.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
24.4.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
24.5 You also agree:
24.5.1 You are solely responsible for securing and backing up Your content;
24.5.2 not to reproduce, duplicate, copy or re-sell any part of Our Website and Platform in contravention of the provisions of Our Terms;
24.5.3 not to access without authority, interfere with, damage or disrupt: (a) any part of Our Website and Platform; (b) any equipment or network on which Our Website and Platform is stored; (c) any software used in the provision of Our Website and Platform; or (d) any equipment or network or software owned or used by any third party.
24.6 We may from time to time provide interactive services on Our Website and Platform, including messaging features (Interactive Services). Where We do provide any Interactive Service, We will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Where We do moderate an Interactive Service, We will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.
24.7 We will do Our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on Our Website and Platform, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any Interactive Service We provide on Our Website and Platform, and We expressly exclude Our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of Our Content Standards, whether the service is moderated or not.
24.8 The use of any of Our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
24.9 When We consider that a breach of this Acceptable Use Policy has occurred, We may take such action as We deem appropriate. In addition, at any time We may remove any Contribution which We deem, in Our sole discretion, to be unsuitable. Our decision is final and cannot be challenged.
24.10 Failure to comply with this Acceptable Use Policy constitutes a material breach of Our Terms upon which You are permitted to use Our Website and Platform, and may result in Our taking all or any of the following actions:
24.10.1 immediate, temporary or permanent withdrawal of Your right to use Our Website and Platform;
24.10.2 immediate, temporary or permanent removal of any Contribution uploaded by You to Our Website and Platform;
24.10.3 issue of a warning to You;
24.10.4 legal proceedings against You for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
24.10.5 further legal action against You; and
24.10.6 disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
24.11 We exclude Our liability for all action We may take in response to breaches of this Acceptable Use Policy. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.