Website Terms & Conditions of Use
Please note that your use of this Site and the Service is an acknowledgement that you have read, understood and accept these Terms & Conditions and our Privacy Statement . If you do not agree to these Terms & Conditions or our Privacy Statement, do not use or interact with this Site or avail of the Service in any way.
This Site and the Service are operated and provided by UniTuition Limited, trading as UniTuition and/or TutorHQ, at NDRC Digital Exchange, Crane Street Dublin 8. Any references in these Terms & Conditions or our privacy statement to “we”, “us”, “UniTuition” or "TutorHQ" refer to UniTuition Limited, while any references to “you” means you personally or the company, person or entity, on whose behalf you are accepting these Terms & Conditions.
If you have any questions regarding these Terms & Conditions or our Privacy Statement please contact us at email@example.com.
1. Updated Terms & Conditions of Use
UniTuition reserves the right to modify these Terms & Conditions and our Privacy Statement at our discretion. The most current version will always be available at www.unituition.com/terms_and_conditions. If the modifications are material we may notify you via the email address associated with your account that modifications have been made to these Terms & Conditions and/or the Privacy Statement, however, failure to notify you will not affect the effectiveness of any modifications. By continuing to access or use the Site or avail of the Service after those modifications become effective, you agree to be bound by the modified Terms & Conditions and will be deemed to have accepted any modification.
Please ensure that you carefully review any update to these Terms & Conditions and/or our Privacy Statement as your use of this Site or the Service constitutes your unconditional agreement to follow and be bound by these Terms & Conditions and our Privacy Statement.
2. Ownership & Territory
All pages of this Site are owned or controlled by UniTuition Limited and are protected by worldwide copyright laws. You may download pages only for your personal use or for non-commercial purposes but no modification or further reproduction of the pages is permitted. The pages may otherwise not be copied or used in any way.
This Site is controlled and operated by UniTuition from Ireland. UniTuition does not make any representation that this Site, its content or the Service are appropriate or suitable for use in countries other than in any Member State of the European Union or in the United States of America, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, its content or the Service or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Site, its content or the Service or any part of them are not directed at you).
UniTuition will use reasonable commercial efforts to include up-to-date and accurate information on the Site, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. UniTuition shall not be liable for any damages or injury resulting from your access to, or inability to access, this Site, or from your reliance on any information provided on this Site.
3. Privacy Statement
Our Privacy Statement deals with how we may use the information you provide to us and information we collect during your use of the Site. Please carefully read our Privacy Statement as it, along with these Terms & Conditions will govern your use of the Site and the Service.
Any information that you provide to UniTuition is subject to our Privacy Statement, which governs our collection and use of such information. You understand that through your use of the Site and the Service you consent to the collection and use (as set forth in our Privacy Statement) of this information.
4. General Terms & Conditions
You may only use the Site and the Service in compliance with these Terms & Conditions and all applicable laws, regulations and industry codes of practice. If you violate any of these rules, then we may suspend or terminate your account.
4.1 Your Use of UniTuition Services
These Terms & Conditions constitute both a binding legal contract between (i) you and UniTuition regarding the use of the Site and (ii) you and other UniTuition users regarding the provision of the Service. Neither UniTuition nor its affiliates is responsible or liable for the conduct and/or associated outcomes related to any users, either online or offline.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by user contracts with UniTuition.
Service Users contract for services directly with Service Providers. UniTuition is not an agency and does not employ Service Providers. UniTuition is not liable for any tax or withholding associated with contracts between Service Providers and Service Users.
UniTuition agrees to screen Service Providers using academic records provided by Service Providers or third parties. Your use of the Service is an unconditional acknowledgement and acceptance that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that such information is accurate.
We do not accept legal responsibility for any acts or omissions of Service Providers or Service Users. If you are a Service User, you use Service Providers at your own risk.
To use this Site or the Service you must be at least 18 years old (or the age of legal majority in your jurisdiction, if different than 18) and have the capacity to contract, or if under the age of 18 (or the legal age of majority in your jurisdiction, if different than 18) you must have the consent of your parent or guardian to use the Site or the Service.
Any access to or use of the Site, Service, associated applications and services by anyone under 18 (or the age of legal majority in your jurisdiction, if different than 18) is expressly prohibited, without the consent of a parent or guardian.
By accessing or using the Site, Service, associated applications or services you represent and warrant that you are 18 or older (or the age of legal majority in your jurisdiction, if different than 18), or that you are under 18 years of age and your parent or guardian has read and accepted these Terms & Conditions on your behalf and consents to your use of the Site and the Service.
UniTuition may refuse to service, and may close accounts of any users under the age of 18 at any time. UniTuition may change these eligibility requirements at any time.
4.3 Your Contact Information
You must provide true, complete and up-to-date contact information.
You agree that you are solely responsible for your own conduct and any content that you send via the Site or when availing of the Service, and for any consequences thereof.
You shall not upload to, distribute through, or otherwise publish through the Site or the Service any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.
You agree that you will not in any way:
• interfere with the ability of others to access the Site or avail of the Service;
• disrupt the normal flow of communication or otherwise act in a manner that negatively affects other UniTuition Users' ability to use the Site or the Service;
• claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
You acknowledge that we may screen user content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any user content. Without limiting the foregoing, we have the right to remove any user content that violates these Terms & Conditions or is otherwise objectionable.
You agree and acknowledge that we may preserve user content and may disclose user content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms & Conditions, respond to claims that any user content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.
You cannot use the Site to impersonate any person or entity or to misrepresent your affiliation to any person or entity.
You cannot use the Site to upload content which misrepresents, is likely to be misleading or is inaccurate in relation to your educational qualifications, experience or past employment history.
4.5 Copyright & Other Intellectual Property
You cannot use the Site or the Service to distribute or make available for download copyrighted material without the copyright owner’s consent, to infringe any third party Intellectual Property Rights, to transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
Subject to these Terms & Conditions all Intellectual Property Rights and other rights in the content of this Site are the property of UniTuition or its licensor. A number of trademarks appear on this Site which belong to UniTuition, or their respective owners. Nothing in these Terms & Conditions gives you a right to use the UniTuition name or any of the UniTuition trademarks, logos, domain names, and other distinctive brand features.
4.6 Compliance with Laws
You agree that you may only access the Site and avail of the Service for purposes that are legal, proper and in accordance with any applicable laws, policies, guidelines and industry codes of practice.
You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site and the Service. You must not use the Site or avail of the Service in a way that violates any applicable laws or regulations.
4.7 Data Protection
UniTuition is a data controller and you are a data subject, for the purposes of the Data Protection Acts.
By providing UniTuition with information you consent to the transfer and processing of such information, including any Personal Data, by UniTuition and such third parties as required for UniTuition’s business purposes.
In doing so you consent to:
• the transfer of such information and Personal Data to countries outside the European Economic Area (i.e. all countries in the European Union together with Norway, Iceland and Lichtenstein). We shall seek to ensure that any such transfer provides a similar level of protection, as that which applies to Personal Data in the Republic of Ireland by ensuring transfers are made to through the use of EU Commission approved clauses in data transfer agreements, or other means permitted pursuant to the Data Protection Acts; and
• the transfer of such information and Personal Data to third parties for the processing of payments (including the transfer of credit card details), reporting, providing the Service and compliance with regulatory and/or legal requirements.
5. Permitted and Prohibited Uses
UniTuition connects Service Providers and Service Users. UniTuition acts as a booking agent for Service Providers, and as a communication platform between Service Providers and Service Users.
You may use the Site for the sole purposes of registering as a Service Provider or as a Service User, and acting in this capacity as outlined on the Site.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful or malicious computer code, nor subject the Site’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website. By breaching this provision, you may commit a criminal offence under the Criminal Damages Act 1991, the Criminal Justice (Theft and Fraud Offences) Act 2001 or otherwise. 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 Site will cease immediately.
You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local or national law.
6.1 Setting Up Your Account
To avail of the Service you must register and set up an account with UniTuition. As part of this registration process you will be required to provide certain information. This information must be accurate and you accept responsibility for keeping this information up to date.
You warrant that all information provided is accurate and pertains to you or a person, company or entity on whose behalf you are registering and that you have been given express consent to provide this information to us. Furthermore you agree to indemnify us from any claim made against us or loss suffered by us resulting from the above warranty. Should you provide false information or fail to adequately update your information we retain the right to cancel your account.
6.2 Your Responsibility for Your Account
UniTuition bears no liability for any activity carried out through your account. You are solely responsible and liable for all use made of the Service through your account, whether authorised by you or not and you hereby indemnify UniTuition for any claims, made in respect of such use.
6.3 Multiple Accounts
Each person, company or entity is entitled to set up one (1) account. UniTuition reserves the right to cancel any accounts where we find that any person, company or entity has more than one (1) account.
You are responsible for safeguarding your UniTuition password and for any activities or actions under your password. We encourage you to use a “strong” password, to provide for greater security. UniTuition cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
UniTuition will provide you with a replacement password upon request, provided you meet the appropriate security checks. However, UniTuition will not be liable for any loss you suffer as a result of you forgetting your username and password.
UniTuition reserves the right to require you to change your password at any time, without cause.
6.5 Service Messages
As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These messages are part of the Service and you may not be able to opt-out of them while using the Service. You hereby consent to the use of your personal Contact Details by UniTuition, for these purposes.
6.6 Communication with UniTuition
To ensure that UniTuition provides a quality service, communication between you and UniTuition (or parties acting on UniTuition’s behalf) may be recorded. UniTuition will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with UniTuition or for any other business purposes require to fulfill the terms of this contract.
7. Licence To Use UniTuition
UniTuition gives any account holder a personal, non-assignable and non-exclusive license to use the software that is provided to you by UniTuition for the sole purpose of allowing you to avail of the Service, in the manner permitted by these Terms & Conditions and all applicable laws.
8. Use of Your Account And The Site
8.1 Reviews and Feedback
If you post a Review, you also promise that it is your independent, honest, genuine opinion.
If you are a Service Provider, you acknowledge that Service Users are entitled to submit feedback in relation to you, your profile and your services, and that this feedback may be displayed on your user profile or elsewhere on the Site. Service Users can submit scores out of five and written comments.
8.2 Sensitive Information
You cannot use the Site to store or transmit any Sensitive Personal Data other than your own Sensitive Personal Data or Sensitive Personal Data which you have been given the express prior written consent of the data owner to store or transmit on the Site.
Other than your own Sensitive Personal Data or Sensitive Personal Data which you have been given the express prior written consent of the data owner to store or transmit on the Site, you warrant that you will not use your account to store or transmit any Sensitive Personal Data, or the following types of data: personal identification numbers, medical information, bank account information, passwords, security credentials, or Sensitive Personal Data of any kind.
8.3 Abusive Messaging
You warrant that you will not use the Site or in the course of availing of or providing the Service send or distribute anything offensive, illegal, pornographic, offensive, racist, hateful, discriminatory, defamatory or libelous.
Furthermore you warrant that you will not use the Site or in the course of availing of or providing services harass or bully anyone.
8.4 Inappropriate Use of the Service
Regardless of legal obligation or whether you use the Site in a business or personal capacity the following activities are never permitted:
• the use of the Site or Service for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse of any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing or otherwise objectionable;
• the use of the Site or Service to harass stalk or inconvenience, cause annoyance or needless anxiety to any person, impersonate any person or act in a way which may be reasonably objectionable;
• the use of the Site or Service to, in any way, infringe copyright, trademarks, confidence, privacy, privilege or infringe on the Intellectual Property Rights of others;
• to use the Service to impersonate another or engage in any form of passing off;
• to use the Site or the Service in any way which is likely to cause damage to the Site, UniTuition or any Service Provider or Service User;
• the use of the Site or Service in any way which infringes on other UniTuition Users use and enjoyment of the Site and the Service;
• to initiate the sending of unsolicited advertising or promotional material including, without limit, junk-mail for commercial or non-commercial purposes;
• to send anything which consists of or contains viruses, political campaigning, chain letters or spam; to market services for escort and dating services, pharmaceutical products, work from home, make money online, lead generation opportunities, nutritional, herbal, and vitamin supplements, online trading/stock market related content, gambling services or products, multi-level marketing, affiliate marketing, credit repair and get out of debt opportunities, mortgages, loans, adult novelty items, list brokers or list rental services;
• to organise a public protest or demonstration, for any cause; and
• to transmit personal sensitive data and/or confidential information,
to use of the Site or Service for any of the above will result in cancellation of your account and a permanent ban from using the Site and availing of the Service.
9.1 Your Responsibility for Materials
Any Materials you create or use during the use of the Service or provision of lessons, grinds or tuition which have been booked via the Site are owned by you and you are responsible for said Materials. UniTuition is not responsible for any Materials created or used by you.
You hereby grant UniTuition a non-exclusive, transferable, royalty free license in any Materials or other content which you upload and/or store on the Site, to use, reproduce and distribute, in any manner which UniTuition sees fit. You hereby warrant to UniTuition that by uploading such Materials or content to the Site that you own all rights to such Materials or content, or that you are authorised by the owner of such Materials or content to make the Materials or content publically available on the Site and to grant the license specified herein to UniTuition in respect of such Materials or content. Furthermore, you hereby acknowledge that UniTuition accepts no responsibility to verify the ownership of such Materials or content and hereby agree to indemnify UniTuition in respect of all damages or loss which UniTuition may suffer as a result of using, reproducing or distributing Materials or content which you have uploaded to the Site.
By submitting Materials through UniTuition, you grant us permission to store, process and transmit the Materials as necessary to deliver the Materials to recipients which you have designated in accordance with these Terms & Conditions and our Privacy Statement. In order to deliver your Materials we may need to modify the Materials as necessary to meet any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of any Materials you provide, and for any consequences thereof, including the use of your Materials by recipients and our third party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Materials that you submit or use.
In addition, you warrant that:
• any Materials you create will be civil, tasteful and in accordance with these Terms & Conditions;
• the Materials provided by you shall not constitute a criminal offence or give rise to a civil action against you; and
• all necessary licences and consents have been obtained to upload or publish any materials you distribute on the Site or while providing of or availing of the Service.
You hereby agree that you shall indemnify UniTuition against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by UniTuition arising out of or in connection with your Materials.
We may remove or refuse to transmit Materials alleged to be infringing copyright without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, UniTuition may terminate a user’s account if the user is determined to be a repeat infringer of copyright.
9.3 Reviewing, Editing, Removing and Monitoring Your Materials
You accept that you are solely responsible for your Materials and understand that UniTuition is under no obligation to monitor, edit or review any of your Materials. UniTuition may elect, but is under no obligation to, review Materials in response to a complaint received.
We may access, read, preserve and disclose any Materials where we reasonably believe it necessary to do so in order to:
• satisfy any applicable laws, regulations, legal process or governmental request;
• enforce these Terms & Conditions, including investigating any potential violation thereof;
• detect, prevent or otherwise address fraud, security or technical issues; or
• protect the rights, property or safety of UniTuition, its staff, Service Users, Service Providers and the public.
UniTuition may keep track of how you interact with links across the Site, including, but not limited to, recording whether you have clicked a link on the Site, the time of click, the number of times the link was clicked and ip-addresses. You hereby consent to the collection of your data for these purposes.
9.3 Actions of Service Users and/or Service Providers
You accept that Service Providers are introduced to Service Users as a self-employed tutors and the Service Users shall retain the Service Provider under a contract for services, which for the avoidance of doubt shall be a separate contractual arrangement between the Service Provider and the Service User only.
You acknowledge and accept that UniTuition simply provides the platform that connects Service Users and Service Providers and allows them to be introduced. We do not, ourselves, provide any tutoring services or other services of the type listed on the Site as being provided by Service Providers. It is up to the relevant Service Provider to perform any services you request through the Site (and, if requested by you, to provide any Materials) and you agree to comply with any terms of service that apply between you and the relevant Service Provider.
We do not employ Service Providers and, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Service Providers you engage through the Site or the quality of the services they provide.
If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.
As specified in these Terms & Conditions, we do take reasonable measures to ensure the suitability and quality of the Service Providers, however, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk. While we may remove a Service Provider from the Site, on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate we are under no obligation to do so.
10. Availability of The Site And The Service
We aim to ensure that the Site and Service are available to you at your discretion. However, there may be occasions where we are forced to withdraw the Site or Service for a period of time. While we endeavour to limit any such period, UniTuition will not be liable for any loss suffered resulting from such disruption.
10.1 Suspending or Varying Site Content
From time to time we will update the Site in an effort to ensure we provide the most up to date and efficient service possible. We may vary any content or any of the technical specifications of the Site at any time. It may be necessary during such variations to suspend access to the Site or Service for a period of time. We reserve the right to suspend access to the Site or Service for such reasons and in addition for operational reasons such as repairs, maintenance, upgrading content or functionality of the Service or for the introduction of new services. We will endeavour to limit the frequency and duration of these disruptions.
10.2 Operations of the Site and the Service
We use all reasonable endeavours to provide you with the quality of service generally provided by a competent website provider exercising reasonable skill and care. However, there may be occasion when there may be faults on the Site or the Site may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control. Due to the nature of the Service and the internet generally UniTuition gives no warranties that the Site and Service will be provided in a timely manner free from interruptions or errors.
UniTuition tries to protect the integrity of the Site, however, UniTuition gives no warranties that the Site will be secure, or that the Site or any part of it will be free from infection by viruses or anything else which has contaminating properties or which may cause damage.
10.3 Provision of the Service
While we endeavour to ensure uninterrupted and timely provision of the Service and to correct any faults which we become aware of within a reasonable period of time we cannot ensure this is always the case. The Service is provided without any warranty or guarantee (including those implied by law).
10.4 Changes to the Service
The Service that UniTuition provides is always evolving and we may change the Service that UniTuition provides from time to time without prior notice to you. We may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to UniTuition Users generally and may not be able to provide you with prior notice. We may create limits on use and storage at our sole discretion at any time without prior notice to you. We may suspend or terminate your account without liability to you.
11. Payment And Charges
11.1 Payment by Service Users
If you are a Service User, you are obligated to pay for services booked. Your booking is not confirmed until your Service Provider confirms it. You must make payment in full in advance for all bookings.
All payments, unless otherwise agreed with UniTuition, must be made online via our payment processing service. Payment will not be accepted in any form other than those designated in our payment processing service. UniTuition accepts no responsibility for any loss resulting from failed payments.
You warrant that any information supplied as part of the payment process is accurate and pertains to you and any credit card, debit card or equivalent method of payment provided belongs to you or you are authorised to use such payment method. You agree to indemnify UniTuition against any loss we may suffer resulting from incorrect payment information provided or resulting from your use of a payment method which you were not authorised to use.
In circumstances where the Service User is under the age of 18 (or the legal age of majority in your jurisdiction, if different than 18) all payments in respect of the Site or Service must be made by the Service User’s parent or guardian. By making such payment the Service User’s parent or guardian acknowledges that they have read and accept these Terms & Conditions.
By making a booking you authorize UniTuition to charge the designated payment method the amount agreed at the time of booking upon confirmation of the booking.
Prices listed on this Site include any applicable VAT or other sales tax unless otherwise stated.
11.2 Payment to Service Providers
If you are a Service Provider, you agree to TutorHQ's fees as set out in the documentation you receive upon approval for listing on the website.
If you are a Service Provider, you agree to be bound by our Cancellation Policy, as set out in Clause 13 of these Terms & Conditions. You also agree to incur any chargeback fees (where card issuers, schemes or financial institutions refuse to settle a transaction or demand
payment in respect of a disputed transaction and the administrative costs incurred as a result of this) associated with your account.
We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these Terms & Conditions.
Payment for services provided by Service Providers to Service Users must be paid through the Site.
11.3 Provision of Services Exclusively Through The Site
If you are a Service Provider, you agree that for so long as you have an active account on the Site you will not to provide any services to a Service User other than services which are booked via the Site. You agree not to provide services to any Service User, who you have come in contact with or become aware of as a result of your use of the Site, for a period of 6 months from the date on which you close your account on the Site.
If you are a Service User, you agree that for so long as you have an active account on the Site you will not to book, engage or pay for any services from a Service Provider other than services which are booked via the Site. You agree not to book or obtain services from any Service Provider, who you have come in contact with or become aware of as a result of your use of the Site, for a period of 6 months from the date on which you close your account on the Site.
12. Timing, Location And Duration
Service Providers and Service Users are responsible for agreeing all matters relating to the timing, location and duration of lessons and classes.
UniTuition accepts no responsibility whatsoever for any Service Provider or Service User not arriving on time, failing to arrive or failing to provide the services for the duration agreed between the Service Provider and Service User.
You can at any time cancel an individual lesson bookings, a lesson bundle or class bookings by contacting UniTuition via the contact details shown on the Site. There is no charge if you cancel at least 24 hours before the scheduled start time of your booking.
If you cancel within 24 hours before the scheduled start time of a booking, you will be bound to pay for the services booked and we will not refund the fees paid.
In cases of one-off booking cancellation at least 24 hours before the scheduled start time, we will fully refund the fees paid.
In cases of cancellation of a lesson bundle at least 24 hours before the first lesson, we will fully refund the fees paid. No refunds will be made in respect of the cancellation of any lesson bundle where such cancellation does not occur at least 24 hours before the first lesson is scheduled to commence.
UniTuition reserves the right to cancel any lesson or class, giving notice by email to the extent reasonably practicable. If this occurs, we will refund in full the fees paid for the cancelled booking.
14. Closing Your Account
14.1 Suspension or Termination of Your Account
UniTuition reserves the right to suspend or terminate your account and your right to use the Site and Service at any time, with or without cause. We may suspend or terminate your account and your right to use the Site and Service at any time if you are believed to be in breach of these Terms & Conditions, or if you are believed to have engaged in inappropriate or offensive behaviour.
If UniTuition terminates or suspends your account or your right to use the Site or Service for any of these reasons, you will not be entitled to any refund for outstanding bookings. In addition to terminating or suspending your account, UniTuition reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
UniTuition reserves the right to suspend or terminate Service Provider accounts if the Service Provider is deemed to have provided services of substandard quality.
Once your account is terminated, we may permanently delete your account and all the data associated with it.
If UniTuition suspends access to your account, during any such suspension these Terms & Conditions and our Privacy Statement will continue to apply, until this Agreement is terminated by you or UniTuition.
Even after your right to use the service is terminated or suspended, this Agreement will remain enforceable against you.
You or UniTuition may terminate this Agreement at any time and for any reason by closing your account.
14.2 Inactive Accounts
If you do not log in to your account for 12 or more months, we may consider it to be “inactive” and may permanently delete the account and all the data associated with it.
14.3 Data Retention After Account Closure
We may choose to retain your account data after your account is closed where we reasonably believe it is necessary to address:
• any future claims of breach of laws and/or regulations;
• claims of abuse, bullying or inappropriate behavior;
• claims of copyright infringement;
• claims of trademark or other intellectual property infringement;
• claims of fraud; and
• identifying future risks of breaches of law and/or regulations, fraud, security or technical issues.
You consent to the retention of your data and the data stored in your account for these purposes.
To the fullest extent permitted by law UniTuition nor any of its directors, employees, affiliates or other representatives will be liable for any loss or damage arising out of or in connection with:
• any abusive, bullying or inappropriate behavior by Service Providers or Service Users;
• your use of the Service;
• your inability to access or use the Service;
• loss of data;
• claims of third parties;
• failure to store or transmit data maintained by UniTuition;
• any advice, whether oral or written, obtained from UniTuition;
• your provision of incorrect Contact Details;
• your device not supporting UniTuition;
• our failure to correctly register you for the Service;
• any Reviews provided by or in relation to you which are displayed on or transmitted via the Site;
• any Materials provided by you;
• your information, third party information or any other material on the internet which can be accessed using the Service or the Site and we are not responsible in any way for goods or services provided, advertised or otherwise made available by means of the Service or Site; or
• any failure to do what we have promised because of something beyond our reasonable control such as technical failure, lightning, flooding, exceptionally severe weather, fire or explosion, civil disorder, war, military operations, industrial disputes of any kind (including those involving our employees), natural or local emergency, the acts or omissions of other providers of internet service or the failure of any mobile network or apparatus, anything done by the government or other competent authority,
even if UniTuition has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
No advice or information, whether oral or written, obtained from UniTuition will create any warranty not expressly made herein.
We do not accept liability in these Terms & Conditions, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information under any circumstances.
Our maximum aggregate liability arising out of or in connection with these Terms & Conditions whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused, including by negligence and/or arising from a breach of, or a failure to perform the Service or otherwise in relation to the Service or the Site or operation thereof will be limited to the fees you have paid for availing of the Service during the twelve (12) months preceding the date on which the claim arose. The financial limit on liability set out above is the maximum liability of UniTuition, any of its directors, employees, affiliates or other representatives.
However, nothing contained herein will operate to exclude or restrict our liability in respect of death or personal injury caused by our negligence or any other liability to the extent that it cannot be excluded or limited by law.
Except as expressly set out in these Terms & Conditions and our Privacy Statement, all representations, warranties, terms and conditions whether express or implied, in relation to the Site and the Service, are hereby excluded to the fullest extent permitted by law.
Each provision of these Terms & Conditions which seeks to exclude or limit liability operates separately. If any part is held by a court of competent jurisdiction to be unreasonable or inapplicable, the other parts shall continue to apply.
You agree to use reasonable endeavours to mitigate the consequences of any losses, costs, expenses, claims and demands incurred by you from your use of the Service and the Site.
The exclusions from and limitations of liability contained herein will apply after as well as before termination of this Agreement.
You access and use the Site and avail of the Service at your own risk. You understand and agree that the Site and the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.
You agree to indemnify UniTuition against any claims or legal proceedings which are brought or threatened against us by a third party because the Site or Service is used by you in breach of the provisions of these Terms & Condition. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
17. Disputes With Third Parties
You undertake to tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you in relation to your use of the Site or the Service. You warrant that at our request you will immediately stop the act complained of. Should we ask, you warrant to provide a written statement detailing any such claims or legal proceedings. You agree that should you fail to stop the acts complained of after requested to do so by us we may immediately suspend your account or terminate this Agreement.
The Site and Service may contain links to third-party websites or resources. We are not responsible or liable for the content availability or accuracy of these third parties. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If any section of this Agreement is found by a court of competent jurisdiction not to be enforceable, then that section will be removed or edited as little as necessary, to ensure compliance, and the rest of these Terms & Conditions shall remain valid and applicable.
20. Continuing Provisions
The following clauses of this Agreement shall continue to apply after termination of this Agreement, Clause 4, Clause 9, Clause 11, Clause 15, Clause 16, Clause 17, Clause 18, Clause 19, Clause 21, Clause 22 and this Clause 20, along will all warranties, indemnities and undertakings given by you.
The failure of UniTuition to enforce any of the provisions of these Terms & Conditions, and the rights contained therein, will not be deemed to be a waiver of such provisions or rights.
22. Governing Law
These Terms & Conditions and any matter arising hereunder whether contractual or non-contractual shall be governed by the laws of Ireland, any you hereby agree to submit any dispute (contractual or non-contractual) regarding this Agreement to the jurisdiction of the Irish courts.
23. Entire Agreement
These Terms & Conditions and our Privacy Statement are the entire and exclusive Agreement between you and UniTuition. These Terms & Conditions supersede and replace any previous Terms & Conditions or prior Agreements between you and UniTuition, regarding the Site and the Service.
Save as provided for in the limitation of liability section, the parties do not intend that any of these Terms & Conditions will be enforceable by any person other than you, UniTuition and any UniTuition group members.
24. No Partnership or Agency
Nothing in these terms & Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between UniTuition and the Service Providers or Service Users, 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.
The following terms shall, unless the context requires otherwise, have the following meanings in these Terms & Conditions:
“Agreement” means the entire agreement between you and UniTuition which consists of these Terms & Conditions and our Privacy Statement;
“Charges” means all charges for the UniTuition Fees or fees and charges associated with the booking of lessons or tuition or other such services from a Service Provider via the Site. These Charges may be varied from time to time and it is the responsibility of the user to check the Charges prior to booking. Charges may also include a reasonable administration fee;
“Contact” or “Contact Details” means a mobile phone number and associated information like name, email, note stored in your UniTuition account;
“Data Protection Acts” means the Data Protection Acts 1988 and 2003 and all statutory instruments and/or any regulations issued under or in connection with these acts and the Data Protection and Privacy Regulations;
“Data Protection and Privacy Regulations” means the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 and 2008, together with Statutory Instrument No. 336 of 2011 (insofar as they relate to the Seller) and Statutory Instrument No. 336 of 2011 (insofar as it relates to the Purchaser)
“Intellectual Property Rights” means all patents, registered trademarks, copyright (present and future, including rights in computer software in both object code and source code form), applications for any of the foregoing, moral rights, internet domain names, service marks, unregistered trademarks, goodwill in relation to the foregoing, database rights, sui generis rights, rights in designs (whether registerable or not), rights in products, services and processes, topography rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection which now or in the future subsist in any part of the world;
“Materials” means any text, graphics, photos or other materials used or provided by Service Providers to Service Users when providing lessons, grinds or tuition to a Service User, where such lessons, grinds or tuition were booked via the Site;
“Personal Data” shall have the same meaning as set out in the Data Protection Acts, as may be amended from time to time;
“Recipient” means the person who actually receives the Message you instructed to be sent;
“Review” means any and all written or oral feedback from a Service User in relation to a Service Provider in so far as it relates to the conduct, quality or actions of the Service Provider when providing lessons, grinds or tuition;
“Sensitive Personal Data” shall have the same meaning as set out in the Data Protection Acts, as may be amended from time to time;
“Service” means the technology platform provided by UniTuition which allows (1) Service Providers and Service Users to connect, book, organize and arrange lessons, grinds or tuition through the Site, (2) Service Providers and Service Users to purchase and sell books through the Site, or (3) allows Service Providers to upload and store Materials or content to the Site which are to be made available to Service Users for a fee;
“Service Provider” means any person, who has been approved for listing on the Site by UniTuition and who has an active account with UniTuition, who provides lessons, grinds or tuition to a Service User, provided that such lessons, grinds or tuition have been booked and paid for via the Site;
“Service User” means any person, company or other entity who has an account with UniTuition and is using the Site for the purpose of obtaining, booking or organizing lessons, grinds or tuition from a Service Provider, provided that such lessons, grinds or tuition have been booked and paid for via the Site; and
“Site” means any website, mobile app or any other medium on which the Service can be accessed; and
“UniTuition’s Prices” means the set prices which may be charged by Service Providers to Service Users when providing lessons, grinds or tuition which have been booked via the Site.