In these terms:
‘Birmingham Tutors‘: means Christine Stroud, trading as Birmingham Tutors, and ‘we ‘ and ‘our’ will be construed accordingly;
‘You’: means you, the user of this site who is looking to engage a Tutor using the Services and ‘your’ and ‘yours’ shall be construed accordingly;
‘Tutors’ : means the Tutors who are registered with Birmingham Tutors and whose details you will be provided with in the course of using our Services;
‘Services’: means the service offered by Birmingham Tutors via this website to match students looking for Tutors, with Tutors who have registered with us so that we can provide their details to prospective students on our website.
Our website facilitates an exciting and convenient way for Students to find suitable Tutors in Birmingham. It is important that You read and understand these terms before using the Services. By accessing or using the Services, You agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
Our site is a place for Tutors to be put in contact with Students requiring tuition and for Students to find Tutors in Birmingham who have the requisite skills and knowledge to educate the Students in their chosen subjects. We do not have and never intend to have any contractual involvement or be anyway involved in the actual provision of the tuition. Although we will take reasonable care to check the credentials and DBS Search results of each Tutor, any disputes arising from these issues are between You and the Tutor and we will not become involved. You must therefore take care to satisfy Yourself of Your Tutors’ qualifications and DBS status and this is a feature of the relationship between You and us that You willingly accept.
Birmingham Tutors are providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this website or its contents and disclaims all such warranties and representations. In addition, Birmingham Tutors makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies, typographical errors or software faults/viruses . All liability of Birmingham Tutors whosoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
We reserve the right to decide, in our sole discretion, to issue a warning, temporary suspension, or an indefinite suspension or termination of Your rights to use our Services if You act inconsistently and in breach of these terms and conditions, or if You are engaged in any fraudulent activity.
You agree to comply with all applicable laws, statutes and regulations concerning Your use of the Services.
You are required to register with us by completing the registration form on our website and submitting it to us. Only adults (i.e. those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If You do not qualify, do not use the Services. By registering, You are making a statement, upon which we are entitled to rely, that You are aged 18 years or older and capable of forming a legally binding contract.
On occasions certain individuals and members will be refused access to the Services. Such suspension shall be within our sole discretion.
While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions.
You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use for any reasonable purpose about You provided that where such information is supplied to any third party, we will anonymise it so that individuals cannot be identified.
All information You provide shall be accurate and complete and all registration details shall contain Your correct name, address, requirements and any other requested details.
You are solely responsible in all respects for protecting the confidentially of the information that You provide to any Tutor who You engage as a result of using our website, and for any email verification number or password which may be given to or selected by You for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised breach of security regarding Your use of our website and our Services.
Limitation of Liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THESE PROVISIONS
As an introductory service providing a forum allowing Tutors and Students to come together, we have no control whatsoever over the quality, the standard of teaching of any Tutor or their availability to teach.
In recognition of the above, You waive any claim You may have against us that is in any way connected with a dispute You have with a Tutor engaged following use of our Services and website and You agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any third party as a result of Your such use or in relation to Your dealings with such Tutor. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
Your acceptance of these terms and conditions also acts as a general release of Birmingham Tutors and any of its employees or agents, from any liability for any claims, loss and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to Your use of the Services and our website, but none of the exclusions and limitations in these terms are intended to limit any rights You may have as a consumer or limit Birmingham Tutors for any liability to You for death or personal injury resulting from our negligence.
Except as otherwise stated, any notices You wish to send to us should be emailed to [firstname.lastname@example.org]. Any notices that we may wish to draw to Your attention will be displayed on our website.
Each and every transaction carried out on or as a result of the Services is deemed to be completed with the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
Birmingham Tutors will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, war or accident.
If any part of the terms of these terms are unenforceable (including any provision in which we exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
This agreement, together with any document expressly referred to within its provisions contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to You by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading