Terms of Use

Contained here are the Terms and Conditions which you must read and agree to before registering on the Tutlings website. You must carefully read and understand the Terms and Conditions before registering as a member on the Tutlings website. Continued registration with Tutlings is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time. Please make sure that the email address we have stored for you is current and you are able to access it.

Definitions
1. Below are the meanings of the expressions that follow:
(a) "Contract" means the agreement between the Tutor and the Tutling, for the Tutor to perform services for the Tutling.
(b) "Tutlings Website" means the website operated by Tutlings.
(c) "Members" means Tutors, Tutlings and Parents.
(d) "Tutling" means a person that uses the Tutlings Website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the tutling or the tutling’s parent/guardian.
(e) "Tutor" means a person that has appropriate qualifications, experience and certifications to provide tuition services in the areas advertised by the Tutor on the Tutlings Website, with the intention of entering into a Contract to provide tuition to the tutling or the tutling’s nominee.
2. In these Terms-
(a) words used in the singular shall include the plural and vice versa; and
(b) words used in the masculine gender shall include the feminine gender and vice versa.

General Terms
3. All business embarked on by Tutlings, a Tutor and/or a Tutling or his parent/guardian is subject to these Terms. In the event of any dispute between these Terms and any other terms and conditions, these Terms shall prevail.
4. The Tutlings Website has been established to allow a Tutling to contact a Tutor and to allow a Tutling to view the Tutor’s profile.
5. Tutlings will take precautions it considers appropriate to keep the details of a Tutor and Tutling secure but will not be liable for unauthorised access to the information provided by a Tutor and Tutling on the Tutlings Website.
6. Tutlings is not responsible for reviewing information on the Tutlings Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Furthermore, Tutlings can not guarantee that Members are who they say they are.

Tutor Duties
7. A Tutor is not an employee of Tutlings and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Tutlings Website.
8. All information provided by a Tutor on the Tutlings Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Tutor on the Tutlings Website will be publicly visible and may appear in search engine results.
9. A Tutor warrants that he-
(a) is of at least 18 years of age;
(b) has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Tutlings Website and has valid certifications that are displayed on their tutor profile.
10. Tutors who contact Tutlings under the age of 18 must ensure that the Tutling has consent from their parent or a guardian to receive tuition services from the Tutor. .
11. A Tutor is responsible for the prices quoted for his services on the Tutlings Website and for collection of all fees due to a Tutor from a Tutling. Tutlings is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Tutor and a Tutling.
12. A tutor takes full responsibility for all information that he provides on the Tutlings Website and must indemnify Tutlings in relation to any liability incurred by Tutlings as a result of such information.
13. A Tutor shall indemnify Tutlings for all claims and liabilities arising out of any use by the Tutor of the Tutlings Website, including costs and expenses incurred.
14. A Tutor may only contact a tutling through the Tutlings Website. Any other means of communication is prohibited.
15. A Tutor must not be in any way abusive about a tutling or his nominee on the Tutlings Website or any other place.
16. Use of the Tutlings Website is entirely at a Tutor’s own risk. A Tutor must exercise complete caution when using the Tutlings Website and entering into any agreements to provide tutoring services to a tutling..

Tutling Duties (Tutee Duties)
17. A tutling who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Tutlings is not responsible for any disputes regarding parental consent or any problems that a tutling or a parent/guardian has experienced with a Tutor.
18. A tutling, or where relevant his parent/guardian, is responsible for verifying the credentials, expertise, references, CRB / DBS checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. Tutlings does not offer any guarantee that any information provided on the Tutlings Website is accurate and correct.
19. A tutling, or where relevant his parent/guardian, accepts that his Contract for tuition services is with the Tutor. Tutlings is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and tutling.
20. A tutling must contact a Tutor through the Tutlings Website. Any other means of communication is prohibited.
21. A tutling agrees not to use Tutlings to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Tutlings should contact Tutlings directly.
22. A tutling cannot act as an agent to promote the services or opportunities of a company.
23. A tutling must not publish any abusive comments about a Tutor or a tutling on the Tutlings Website or any other place. This include defamatory or derogatory comments.
24. Tutlings is not responsible for examination entry; this is the sole responsibility of the tutling..

Member Duties
25. Members must not use the Tutlings Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.
26. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
27. Members must not post material to the Tutlings Website in which the copyright or intellectual property is not their own. .

Liability, Indemnity and other provisions
28. Tutlings has no control over or responsibility for the truth or accuracy of any material available on the Tutlings Website, whether provided by Members or others. Third party websites may appear on the Tutlings Website. Tutlings does not endorse or have any responsibility for the site in question or anything which appears on it.
29. Tutlings is not and cannot be responsible for the behavior of Members, whether on the Tutlings Website or outside of it. Tutlings only provide a service for a Tutor and tutling to be introduced. Tutlings does not pre-screen or monitor the material contributed by Members.
30. Tutlings is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Tutlings Website including loss of data or information or any kind of financial or physical loss or damage.
31. Members agree to indemnify Tutlings against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Tutlings Website.
32. Tutlings does not guarantee that a Tutor will be secured to meet a tutling’s needs.
33. Tutlings is not responsible for any grade received by a tutling or any consequence that examination grades entails.

Intellectual Property
34. The code, brand and intellectual property of the Tutlings Website cannot be reused without Tutlings’s consent. All copyright, trade marks, and other intellectual property rights in and relating to the Tutlings Website (including the material which is contributed by Members) are owned by Tutlings. It is prohibited to copy, distribute, show in public or create any derivative work from the Tutlings Website, or any of the material which is found on the Tutlings Website without the consent of Tutlings. Please see our Copyright Notice, which forms part of these Terms and Conditions.
35. By submitting any material to the content to the Tutlings Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Tutlings a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Tutlings to adapt the relevant material and you waive the right to be identified as the author of any such material.

Miscellaneous provisions
36. Tutlings reserves the right to withdraw or adapt aspects of the Tutlings Website, or the entirety of it.
37. Tutlings reserves the right to suspend or terminate a Member's access to the Tutlings Website, or parts of it. Tutlings reserves the right to remove, or require the Member to remove, material posted on the Tutlings Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Tutlings Website without prior consent from Tutlings.
38. The open-access nature of the Tutlings Website means that Tutlings cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
39. Tutlings reserves the right to withdraw any material on the Tutlings Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Tutlings Website into disrepute. Tutlings does not generally monitor material which appears on the Tutlings Website and Tutlings is reliant upon Members to notify Tutlings of anything Members see here which appears likely to breach these Terms and Conditions.
40. Tutlings may, at their sole discretion, vary the features of the Tutlings Website and the Terms of use at anytime.
41. Tutlings may restrict access to the Tutlings Website for any period and if necessary permanently at the sole discretion of Tutlings. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
42. Tutlings may monitor postings to the Tutlings Website and communications through the Tutlings Website and have the right to delete and/or block such postings or communications at their sole discretion.
43. Tutlings gives no guarantee that the Tutlings Website is free of viruses worms or any other form of harmful components.
44. The distance data supplied on the Tutlings Website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so Tutlings can not guarantee that the data supplied on distances between postcodes is accurate.
45. Tutlings may use data for statistical analysis and may provide this to interested third parties.
46. Privacy Policy (which can be found on the Tutlings homepage). Tutlings’ Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Tutlings Website (including any which contain personal information) is, of course, accessible to internet users around the world.
47. These Terms and Conditions include Tutlings’ Privacy Policy and copyright notice. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
48. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
49. Scottish Law and the jurisdiction of the Scottish Courts applies to these terms.