1.1 We are PMT Education Limited. Our company information is at the end of this document.
2.1 These are our terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.
THIS SECTION EXPLAINS WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1. By applying to join, or registering on, our Service as a Tutor, you offer to enter a legal contract with us to supply us with Tutor Services. We accept your offer and there is a binding legal contract only when we send you an email confirming this.
4.2. We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
THIS SECTION TELLS YOU HOW AND WHEN WE CAN CHANGE THESE TERMS AND WHAT YOU CAN DO IF YOU DISAGREE
5.1. We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email.
5.2. If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect. Otherwise, the new terms will apply.
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
6.1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
THIS SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
7.1. You agree not to do any of the following in connection with our Service:
7.2. You agree to:
7.3. You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
7.4. You agree that in connection with supply of Tutor Services:
7.5. You agree to immediately disclose to us any conviction or disciplinary finding or anything else which is likely to be relevant to our decision to accept or retain you to supply Tutor Services and to tell us immediately of any relevant change to your circumstances, for example any changes to your licence to practice or professional insurance cover.
7.6. You agree to deal with Customers and Students in a professional, polite and courteous manner and to respond promptly to their communications.
7.7. You agree to cooperate reasonably with the Customer/Student and to supply information that they reasonably request.
7.8. You are responsible for ensuring that you have appropriate connectivity and for complying with any other technical requirements needed to access online sessions. You agree that any online sessions will be provided via our website only.
7.9. You agree not to use our Service with a view to dealing with other Users outside our Service. You also agree not to share your contact details with other Users, or to ask them for their contact details, unless we have agreed to this in writing. You agree that, until 12 months after this contract ends, you will not contract directly with a Customer/Student who was introduced to you via our Service.
7.10. You accept that we do not guarantee that your use of our Service will generate any particular level of revenues.
THIS SECTION COVERS PAYMENT TO YOU AS WELL AS WHAT HAPPENS IF YOU OR THE CUSTOMER CANCELS A SESSION OR IF THE CUSTOMER HAS A COMPLAINT ABOUT A SESSION.
Cancellation of bookings by the Customer
8.1. Separately from any cooling off rights, the Customer can cancel a session at any time by giving notice via our Service. If so, you will not receive any payment for the session unless the Customer cancels within 48 hours of the scheduled start time in which case you are entitled at your option to charge the Customer 100% or 50% of the fee for the session or waive it entirely (or to charge any alternative percentage stated on our Service when the Customer cancels).
Cancellation of bookings by the Tutor
8.2. You are entitled to cancel a booking at any time by giving notice via the Service if there are exceptional reasons (and we are entitled to require proof). If you do cancel, unless you and the Customer agree to reschedule the session you will not receive any payment for the session and we will refund any Customer pre-payment to the Customer in full.
If the Customer raises a complaint about a session
8.3. If the Customer raises a complaint about a session during the complaint period we specify, we will carefully review the complaint and our decision will be final. You agree to provide reasonable co-operation including supply of any documents or information that we reasonably request. We are entitled to view/listen to any session recordings. If we cannot resolve the complaint with you, we will decide how much, if any, of the Customer’s payment to refund and your fee will be reduced accordingly.
Payment to Tutors
8.4. Provided you have complied with your contract with us, we will take reasonable steps to pay you by whatever payment method we use the payment due to you less any deductions mentioned below. We will pay you within seven days following the end of the relevant complaint period (or any alternative period we decide) or, if applicable, following resolution of any complaint (if we decide to make a payment to you).
8.5. We are entitled in our discretion to refund to the Customer (and to reduce the payment to you accordingly) all or part of the Customer payment insofar as the Customer makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). You are liable to pay any appropriate refund direct to the Customer if the relevant Customer payment has already been paid to you.
8.6. We are entitled to deduct from any payment due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have paid to you.
8.7. You are responsible for making up any shortfall arising from charges made by your bank.
8.8. You are responsible for taking your own tax advice and for charging and accounting for any VAT or other taxes due.
THIS SECTION COVERS OUR RIGHT TO RECORD SESSIONS AND HOW THEY CAN BE USED
9.1. We are allowed to record sessions. If we do make a recording (and we don’t guarantee that we will), we own the intellectual property rights in it.
9.2. We are allowed to make recordings available to Customers for private streamed use to assist learning or to assist with a complaint about a Tutor.
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
10.1. You are responsible for your Content.
10.2. You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
10.3. We are entitled (without telling you) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards.
10.4. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
10.5. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
10.6. It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for such loss or damage.
10.7. We are entitled to delete your Content if your account has been inactive for at least twelve month or any alternative period we decide.
10.8. We are entitled without notice to edit the text or layout of your listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service. Even if we edit your listing, you remain solely responsible for it, so please monitor it carefully.
10.9. You agree to us using the information present in your public profile, including but not limited to your name, profile picture, biographical details and any other relevant information, for the purpose of advertising your services on third-party websites or platforms. This use of your public profile information will be solely for the purpose of showcasing your tutor services and attracting potential customers.
THIS SECTION INCLUDES IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
11.1. You are responsible for deciding whether it is appropriate for you to provide your services to any particular Customer and to take out your own insurance to protect yourself, if appropriate.
11.2. We cannot control what actually happens during sessions which are at your own risk and are not our responsibility. You agree to take reasonable steps to protect your safety and security in sessions and to follow any guidelines on our Service.
11.3. If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any other concerns for your safety, you agree to immediately (1) leave any session/meeting and stop communicating with the other person and (2) tell us. Please also use any available blocking mechanisms and seek relevant external help if appropriate (e.g., from law enforcement authorities).
11.4. You acknowledge that we permit Users to post public reviews about you and/or your services. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
12.1. We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
IN SHORT: YOU RELY ON ANY GUIDANCE BY US AT YOUR OWN RISK
13.1. If we ourselves provide any guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
14.1. Your account is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for Students and for people who use your account or identity (unless and to the extent that we are at fault).
THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE
15.1. The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
15.2. Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.
15.3. In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
THIS SECTION EXPLAINS WHEN AND HOW YOU OR WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.
16.1. Either party is entitled to end this contract at any time by email notice to the other. (You can email us to the email address shown below.)
16.2. We are entitled to suspend part or all of our Service or impose restrictions on our Service if:
16.3. If this contract ends:
THIS SECTION EXPLAINS THAT WE DON’T PROMISE THAT OUR SERVICE WILL BE UNINTERRUPTED
17.1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
17.2. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
18.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
18.2. To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
18.3. Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
18.4. Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable to you for Tutor Services in the 12 months before the first act or omission complained of.
18.5. You agree to indemnify us against all claims and liabilities arising out of or in connection with your supply of Tutor Services and/or breach of this agreement (except insofar as we are at fault).
18.6. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND HOW WE ALLOW EACH OTHER TO USE THE CONTENT
19.1. If you supply Content for display on our Service, you retain ownership of the intellectual property rights. You allow us, at no cost and for so long as this contract lasts to use and adapt all or part of such material however we wish on our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
19.2. The intellectual property rights in all Content (excluding your Content) used on or in connection with our Service are owned by us or by our partners or other Users. You may view such material on your device for your personal, private and non-commercial / internal business use only. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
19.3. Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
IN SHORT: OUR PRIVACY POLICY APPLIES
20.1. You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
21.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
22.2 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
23.1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
24.1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
25.1. If you have any complaints, please contact us via the contact details shown below.
26.1. Company name: PMT Education Limited
26.2. Trading name: “PMT Education”
26.3. Country of incorporation: England and Wales
26.4. Registered number: 12207743
26.5. Registered office and contact address: 125 Kingsway, Holborn, London, WC2B 6NH, England
26.6. Contact email address: [email protected]
26.7. Other contact information: See our website/contact page
