4. Access to Our Website
4.1 It is a User’s responsibility to make the necessary arrangements to access Our Website.
4.2 We may suspend or remove Our Website (or any part(s) of it) at any time. We do not guarantee that Our Website will always be available or that access to it, and/or your experience when using it, will be uninterrupted.
4.3 A User must not try to obtain unauthorised access to any part of Our Website, as well as the server on which Our Website is stored, or any other server, computer, or database associated to Our Website.

5. Use of Our Website
5.1 A User must only use Our Website in a lawful manner, ensuring they adhere to the following:
- A User must ensure that they obey fully to all local, national, or international laws and regulations that apply;
- A User must not use Our Website in any way, or for any purpose, which is unlawful or fraudulent; and
- A User must not use Our Website to knowingly upload, send, or in any other way transmit information that includes a virus, malware or any other code designed to adversely affect computer hardware, software, or data in any form.
5.2 If a User does not comply with the terms in clause 5.1, We may take one or more of the following steps below in response:
- Suspend or terminate their right to use Our Website;
- Issue them with a warning;
- Take legal proceedings against them for reimbursement of costs related to the breach;
- Take additional legal action against them, as appropriate;
- Disclose their identity to law enforcement authorities as required or as We deem reasonably necessary;
- Any other steps which We regard as reasonable, appropriate and lawful.
5.3 We exclude any and all liability which results from actions We may take in response to a User’s breach.

6. Alterations to Our Website
Our Website (or any part(s) of it) may change at any time. If there are substantial changes to Our Website, we will endeavour to give prior notice.

7. Links to Our Website
You may not link to Our Website from another website where there is content which is unlawful; indecent; offensive; inappropriate; dishonest; slanderous; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We disagree with.

8. Child Protection
8.1 Above all, Tutography is dedicated to providing a safe environment where children can learn.
8.2 If a child, a person under the age of 18 years, is using Our Website, they should never be left to do so alone and should be accompanied by their parent or guardian. This includes, but is not limited to, browsing Our Website, communicating with Tutography or any Tutors, attending a Trial Lesson or a Lesson.
8.3 If a User has any concerns regarding child protection, they must contact Tutography immediately via Our Website or via the contact details available on Our Website.
8.4 All Tutors must follow The Tutors' Association Child Protection Policy, even if they are not a member of The Tutors' Association itself, and all relevant legislation and government guidance. The Policy can be found at https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf
8.5 Tutography’s designated Child Protection Officer is Letty Fowgies.

9. Tutography Rights & Responsibilities

This clause stipulates the rights and responsibilities of Tutography.

9.1 We endeavour to take precautions to protect a User’s personal information. To understand how We use a User’s personal information, please read Our Privacy and Cookie Policies which are available on Our Website (www.tutography.co.uk)
9.2 We will assist in introducing Students to Tutors by allowing Tutors to advertise their online private tuition services on Our Website, and for Students to browse and make a Booking on Our Website.
9.3 We will do our best to ensure Our Website is functioning wherever possible. We may need to suspend or remove Our Website (or any part(s) of it) at any time. Occasionally, access to Our Website may be suspended for maintenance purposes. Where possible, we will endeavour to give prior notice if Our Website has to be suspended for scheduled maintenance.
9.4 We endeavour to check the identity of all Tutors, including an Enhanced Background Check of each Tutor.
9.5 As quickly as possible, we will confirm when a Tutor’s profile is complete and schedule their profile to be displayed and accessible on Our Website.
9.6 To both a Student and a Tutor, we will communicate all messages, confirmation of Bookings and cancellations via Our Website and by e-mail (if a User is opted into receiving e-mail communication from Us).
9.7 We endeavour to monitor communication made via Our Website and sent between a Student and their Tutor(s). We do this to ensure Students and Tutors are conforming to these terms and conditions.
9.8 We endeavour to process a Student’s Lesson Fee(s) promptly.
9.9 We endeavour to process a Tutor’s payment promptly where there is no Complaint.
9.10 We endeavour to respond to Complaints promptly, while conforming with these terms and conditions.
9.11 We endeavour to process refunds to Students promptly while conforming with these terms and conditions.
9.12 In the event of a Failed Payment, We endeavour to inform the Student promptly while conforming with these terms and conditions.

10. User Responsibilities

This clause stipulates the responsibilities of a User on Our Website, including Users registered as Students and/or Tutors.

10.1 A User is responsible for their own security when accessing services through Our Website.
10.2 A User is responsible for any information or material they post on Our Website, including communications, as well as any information they provide to Tutography.
10.3 A User must not send, post or show support of any information or material that could be considered defamatory, offensive or illegal on or through Our Website.
10.4 If a User views any defamatory, offensive or illegal information or material on Our Website, they must report this immediately to Tutography. Our contact details can be found on Our Website (www.tutography.co.uk)
10.5 A User must use their own judgement when concerning the accuracy of information and material displayed on Our Website. Tutography does not guarantee that the Content on Our Website is final, accurate or up to date.
10.6 If a User suspects their password has been compromised, they must contact Tutography immediately. Our contact details can be found on Our Website (www.tutography.co.uk). A User will be held responsible for the repercussions of any communications conducted in their name until they have contacted Tutography and made it clear that they suspect their password has been compromised.
10.7 A User must not advertise or support services of any company or organisation other than Tutography on Our Website.
10.8 By accessing Our Website, a User agrees to conform to Our Privacy Policy, which can be accessed on Our Website (www.tutography.co.uk)
10.9 A User must have read, understood and agree to conform to Our Cookies Policy, Privacy Policy and Safeguarding Policy, which can be accessed on Our Website (www.tutography.co.uk)
10.10 As decided by Tutography, a User who breaches these terms and conditions may be temporarily or permanently suspended from accessing and using Our Website with immediate effect. Any planned Bookings may be cancelled by Tutography in these circumstances.

11. Student Responsibilities

This clause stipulates the responsibilities of a Student on Our Website.

11.1 A Student is solely responsible for their actions for which Tutography will not be held responsible.
11.2 If a Student is registering themself, they must be at least 18 years old. If the tuition is being arranged for an individual under 18 years old, the Student must be their parent or legal guardian.
11.2.1 If a Student is registering on behalf of a child under 18 years old, they must also attend any and all Lessons. In this circumstance, the Student does not need to be seen via the camera, but present nonetheless.
11.3 A Student must keep their personal details and contact information accurate and up to date.
11.4 A Student agrees to not circumvent or disintermediate, or try to circumvent or disintermediate, Tutography in any way while they are a registered Student and/or within six months from the date of their most recent Booking with the relevant Tutor(s).
11.5 By registering as a Student, a Student is not required to make a Booking.
11.6 A Student must only contact a Tutor via Our Website. No other means of communication must be made with the Tutor. Above all, this is for a Student’s own safety.
11.7 A Student is solely responsible for assessing the accuracy of information and services offered by Tutors displayed on Our Website. Tutography does perform an Enhanced Background Check for each Tutor before displaying their tutoring services on Our Website, however a Student is responsible for checking the qualifications, credentials, and any other information they deem necessary, of any Tutor who they intend to confirm a Booking with. Qualifications of any Tutor are self-certified by the Tutor and is not verified, validated or checked by Tutography.
11.8 For a Booking to be confirmed, Tutography must have received payment in full for the Booking.
11.9 Once a Booking is confirmed, the Student enters into a contract with the Tutor for the deliverance of Lessons. Tutography does not accept liability relating to their Tutor’s deliverance of Lessons.
11.10 A Student must ensure their Booking is confirmed by their Tutor and the details are correct when they receive their Booking confirmation. Details regarding a Lesson will be communicated via Our Website and e-mail (if a Student has opted in to receiving e-mail communication) only.
11.11 A Student is responsible for preparing the necessary equipment and resources prior to a Lesson, including all necessary computer equipment and a working internet connection (with sufficient bandwidth). The necessary equipment must allow a Student to access Tutography’s Online Classroom prior to, and for the duration of, a Lesson.
11.11.1 In accordance with clause 11.11, a Student will not be eligible for a refund if they were unable to access Tutography’s Online Classroom, this excludes where such inability to access Our Online Classroom is due to Us not providing the Student access.
11.12 A Student must notify their Tutor immediately if they are unable to attend their Lesson (for example, due to illness or injury) by cancelling their Lesson via Our Website only.
11.13 A Student agrees not to disclose any personal information to a Tutor that could put them at risk, including but not limited to: their address, telephone number, National Insurance number and password.
11.14 A Student agrees not to record Lessons, either via video or audio.
11.15 A Student acknowledges and agrees that all Lessons may be recorded and stored by Tutography and that these recordings can be shared.
11.15.1 In relation to clause 11.15, a Student must not store or share any recordings, these recordings should remain accessible via Our Website only. Above all, this is to protect the privacy of the Student and Tutor.
11.16 If a Student cancels a Booking by giving more than 24 hours notice, they will receive a full refund of any payments previously made relating to that Booking, as long as they adhere to clause 11.12.
11.17 Subject to there being no outstanding payments from a Student, they may stop using Tutography’s services at any time.
11.18 As decided by Tutography, a Student who breaches these terms and conditions may be suspended from accessing and using Our Website with immediate effect. Any planned Bookings may be cancelled by Tutography in these circumstances.
11.19 Nothing within these terms and conditions affects a Student's statutory rights.

12. Tutor Status and Responsibilities

This clause stipulates the responsibilities of a Tutor on Our Website.

12.1 A Tutor is solely responsible for their actions for which Tutography will not be held responsible.
12.2 A Tutor must be at least 18 years old.
12.3 A Tutor must be legally entitled, including being in possession of the relevant immigration status where applicable, to work in the United Kingdom on a self-employed basis.
12.4 A Tutor is responsible for providing accurate and up to date personal information, qualifications, accreditations and statements on Our Website and these should be in no way misleading. Information can be updated when needed, contact details can be found on Our Website (www.tutography.co.uk).
12.5 A Tutor must inform Tutography of any criminal convictions or cautions they may have, including any criminal convictions or cautions received after having registered as a Tutor and while the Tutor remains registered on Our Website.
12.6 During registration, a Tutor will be required to provide evidence of completing an Enhanced Background Check within the previous three (3) years.
12.7 A Tutor agrees they will be sorted and ranked on Our Website based on a mixture of profile information and Student Ratings.
12.7.1 A Tutor who provides additional academic information (notably: qualifications and accreditations) and receives positive Student Ratings will be ranked higher on Our Website's search results.
12.7.2 Tutography reserves the right to alter a Tutor’s ranking at any time.
12.8 A Tutor is responsible for deciding and setting their own fee (Tutor Fee).
12.8.1 If a Tutor offers their tuition services anywhere other than on Tutography, they must set their own fee to a similar rate they charge elsewhere. This is to ensure that a Tutor is not discriminating against Students on Tutography.
12.9 In the case that a Tutor is contacted by a Student who is under 18 years old, they must make sure the Student’s parent or legal guardian created the account and will monitor the Student during their Lessons.
12.10 A Tutor must only accept Bookings within their subject area(s) of expertise, and which are within their capabilities and competency.
12.11 A Tutor is solely responsible for assessing whether they choose to offer their tuition services to a Student. A Tutor should take necessary precautions to ensure they work safely and is responsible for purchasing their own insurance policies to ensure they are appropriately covered for the work they undertake.
12.12 A Tutor should respond to communications via Tutography both promptly and professionally.
12.13 All communication with Students must take place via Our Website.
12.14 All meetings arranged between a Tutor and Student (including, but not limited to, Trial Lessons and Lessons) should be scheduled by making a Booking on Our Website.
12.15 A Tutor agrees to only use the Online Classroom provided by Tutography for their Bookings (included, but not limited to, Trial Lessons and Lessons). In the case where there are issues with the Online Classroom provided, the Tutor must contact Tutography immediately.
12.16 A Tutor is responsible for preparing the necessary equipment and resources prior to a Lesson, including all necessary computer equipment and a working internet connection (with sufficient bandwidth). The necessary equipment must allow a Tutor to access Tutography’s Online Classroom prior to, and for the duration of, a Lesson.
12.16.1 In accordance with clause 12.16, a Tutor will not be paid for the Lesson if they were unable to access Tutography’s Online Classroom, this excludes where such inability to access Our Online Classroom was due to Us not providing the Tutor access to Our Online Classroom.
12.17 A Tutor agrees that Tutography reserves the right to withhold any payment for Lessons which are not completed to the expected standard, as decided by Us.
12.18 In the event that a Tutor is not able to attend a scheduled Lesson, they must notify the relevant Student via Our Website immediately.
12.19 If a Student is not present at the start of their Lesson, the Tutor must give at least 15 minutes from the scheduled start time of a Lesson for Students to attend. If Tutors cannot show evidence waiting in the Online Classroom for at least 15 minutes, they will be liable to refund the Student for the Booking.
12.20 A Tutor acknowledges and agrees that all Trial Lessons and Lessons may be recorded and stored by Tutography and that these recordings can be shared.
12.21 A Tutor must not undertake and/or complete, or plan to undertake and/or complete, academic work on behalf of a Student.
12.22 A Tutor agrees to not solicit or disintermediate, or try to solicit or disintermediate, Tutography in any way while they are a registered Tutor and/or within six months from the date of their most recent Booking with the relevant Student.
12.23 As decided by Tutography, a Tutor who breaches these terms and conditions may be suspended from accessing and using Our Website with immediate effect. Any planned Bookings may be cancelled by Tutography in these circumstances.
12.23.1 In addition to clause 12.23, A Tutor who breaches these terms and conditions shall compensate Tutography for all claims and liabilities which result from this breach, including, but not limited to, any costs and expenses sustained.
12.24 A Tutor may stop using Tutography’s services at any time.
12.25 Nothing within these terms and conditions affects a Tutor’s statutory rights.

13. Tutor Ratings and Reviews
13.1 In order for Tutors to build a reputation, Students can leave Tutor Ratings and Reviews.
13.2 At Tutography’s discretion, We may conduct an investigation if a Student has submitted a Rating of 1, 2 or 3 out of 5 or where a Student and/or Tutor reports a Complaint.
13.3 Regardless of whether feedback is positive or negative, Tutography has full discretion as to whether they notify the relevant Student or Tutor involved and, where We see necessary, may temporarily suspend or permanently terminate an Account or revoke the licence given to the Tutor herein to use Our Website and any Tutography Services.

14. Tutor Fees
14.1 A Tutor will not be charged by Tutography for using Our Website or Tutography Services.
14.2 A Tutor’s Lesson Fee will be chosen by them when creating or updating their Profile. A Tutor can review and update their Fee at any time. We would advise that any Tutor Fee changes take place in unison with the start of the academic year.
14.3 A Tutor authorises Tutography, as its agent, to accept their Tutor Fee(s) from a Student on their behalf.
14.4 A Tutor agrees that Tutography will hold all Tutor Fees for the Tutor for a limited time before releasing such Tutor Fees to the Tutor in accordance with these terms and conditions.
14.5 A Tutor confirms that they are self-employed under these terms, and they are solely responsible to HMRC for any and all matters related to Income Tax, VAT and relevant National Insurance contributions.
14.5.1 In accordance with clause 14.5, a Tutor agrees that nothing within these terms forms a contract of employment between themself and Tutography. A Tutor will be solely responsible for and indemnify Tutography against any liability, assessment or claim for any employment-related claim or any claim based on worker status brought by the Tutor relating to their Tutoring Services. This indemnity will include, but is not limited to, any and all expenses and costs, including legal fees, sustained by Tutography due to having to resolve any such claim brought by the Tutor or by anyone acting on behalf of the Tutor.
14.6 A Tutor agrees to keep, and are solely responsible for keeping, records of payments made to them from delivering a Tutoring Service via Our Website for completion of their annual Tax Returns. A Tutor hereby agrees to fully indemnify Tutography for any and all demands by HMRC to Tutography for Income Tax, VAT or National Insurance, or any other claim by HMRC, including, but not limited to, any interest or penalties, arising out of a Tutor’s failure to account correctly or at all for any liabilities to HRMC as a result of their Tutoring Services. This indemnity will include, but is not limited to, all expenses and costs, including legal fees, incurred by Tutography in dealing with any such claim by HMRC.

15. Tutor Settlement
15.1 Tutography will pay the Tutor Fees, as collected by Us from the Student on the Tutor’s behalf, to the Tutor.15.2 A Tutor can view their Lesson earnings from their Wallet which can be accessed from their Account.
15.3 In the event of a Complaint, and in accordance with these terms, Tutography is entitled, in its sole discretion, to refund Tutor Fees to a Student on behalf of the Tutor in part or in full. In such circumstances, the Tutor may receive either no Tutor Fees or only partial Tutor Fees as agreed by Tutography and the Student, and in accordance with these terms, in regard to the relevant Lesson.
15.4 If a Complaint arises subsequent to the Tutor receiving the Tutor Fees from Tutography, We will be entitled to withhold the relevant amount and offset any amounts payable to the Tutor by Us, in accordance with these terms, from any future Tutor Fees collected by Us in order for Us to refund the relevant Tutor Fees on behalf of the Tutor.
15.5 A Tutor is solely responsible for any and all refund requests on Lessons completed and will indemnify Tutography for any and all costs resulting from refund requests.
15.6 Tutography is authorised by a Tutor to make any settlement payment(s) to the Tutor via BACS, to the Current Account belonging to the Tutor (or an alternative Current Account as previously agreed by the Tutor and Us), or PayPal.

16. Payment
16.1 The Lesson Fee, to be paid by a Student to confirm a Booking, will be shown on Our Website when browsing for a Tutor, when booking a Lesson and when a Lesson is confirmed.
16.1.1 In the case where a Tutor’s Lesson Fee increases or decreases, the updated Lesson Fee will be displayed on Our Website.
16.2 The Lesson Fee payment will be processed by Stripe, Paypal or bank transfer on behalf of Tutography. All payments include any applicable VAT or other sales tax.
16.3 By booking a Lesson on Tutography, the Student authorises Tutography to instruct Stripe, Paypal or the User‘s bank to charge their payment at the time of booking to confirm their Lesson.
16.4 If a Student is unable to attend a Lesson (excluding reasons due to Tutography restricting access to Our Website), but has not cancelled the Booking, the Tutor must be present in the Online Classroom for, at least, the first 15 minutes from the Lesson’s scheduled start time. If the Tutor is not present for the first 15 minutes from the scheduled Booking start time, the Student will be refunded in full. This allows the Student a chance to attend.
16.5 If a Student cancels a Booking within 24 hours of their scheduled Booking start time, the Student will not be eligible for a refund of any amount.
16.6 If a Student is not 100% satisfied with their Lesson (including, but not limited to, having made a Complaint and asking for a refund) a refund will be processed as appropriate, according to these terms and conditions.
16.7 Some payments processed via Our Website are provided by ‘Stripe Payments Europe, Ltd’ trading as ‘Stripe’ and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the Stripe Terms). A Student or Tutor therefore agrees to be bound by the Stripe Terms, which may be updated or amended by Stripe at any time. A Student or Tutor agrees to provide Tutography with accurate, up to date and complete personal information and, if relevant, information required about their business(es). A Student or Tutor authorises Us to share this information with Stripe along with transaction information in relation to the Student or Tutor's use of the payment processing services provided by Stripe. By being registered as a Student or Tutor on Our Website, you are agreeing to these terms and conditions.
16.8 Some payments processed via Our Website are provided by ‘Paypal, Inc’ trading as ‘Paypal’ and are subject to the Paypal Connected Account Agreement, which includes the Paypal Services Agreement (Paypal Terms). A Student or Tutor therefore agrees to be bound by the Paypal Terms, which may be updated or amended by Paypal at any time. A Student or Tutor agrees to provide Tutography with accurate, up to date and complete personal information and, if relevant, information required about their business(es). A Student or Tutor authorises Us to share this information with Paypal along with transaction information in relation to the Student or Tutor's use of the payment processing services provided by Paypal. By being registered as a Student or Tutor on Our Website, you are agreeing to these terms and conditions.
16.9 A Lesson Fee, as paid by the Student, may be held until Stripe completes the required verification.
16.10 Refunds are subject to Tutography’s discretion.

17. Failed Payment
17.1 A Booking is only confirmed when full payment has been received for the relevant Lesson. In the event of a Failed Payment made by a Student, the Booking is not confirmed.
17.2 Tutography shall not be liable or responsible for any loss of earnings to the Tutor resulting from a Failed Payment.

18. How We Use Your Personal Information

To understand how We use a User’s personal information, please read Our Privacy and Cookie Policies which are accessible on Our Website (www.tutography.co.uk)

19. Confidential Information
19.1 Students and Tutors acknowledge that by agreeing with these terms and conditions, they may be required to share Confidential Information at any time while being registered with Tutography.
19.2 While Students and Tutors are registered with Tutography and thereafter, each party must keep personal information confidential, and must not use it for their own personal gain, malicious intent or purposes (with the exception of implementation of this Agreement) nor without previous written consent from the other party for their confidential information to be shared with a third party (other than with their professional advisors or as may be necessary by any law or any legal or regulatory authority).
Every party will utilise their best endeavours to prevent confidential information from being disclosed without authority.
19.3 Confidential Information does not include information that;
- is or becomes generally available to the public, not including because of a breach of the confidentiality obligations as stated within these terms by either party;
- was or had been independently obtained or developed by either party without breaching any of the confidentiality obligations within these terms;
- was possessed by either party prior to the agreement of these terms;
- was received from a source other than either of the parties; as long as, in the event of the terms listed above, the source of the confidential information was not previously known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.
19.4 These terms and conditions are confidential and may not be shared by either party without previously receiving written consent from the other party.
19.5 Upon termination or expiry of these terms and conditions, a Student or Tutor must return all Confidential Information in their possession immediately, together with any copies they may have made; or, if necessary to do so, dispose of all Confidential Information they possess by means of shredding or burning it and/or permanently deleting it if stored electronically and confirm to Tutography that this has been done.

20. Cancellations
20.1 A Student has the right to cancel a Booking any time prior to the scheduled start time of their Lesson.
20.2 A Student must cancel a Booking by cancelling through Our Website only. If cancellations are not made through Our Website (including, but not limited to, e-mailing, texting or phoning the Tutor), a Student may not be eligible to receive a refund.
20.3 A Tutor has the right to cancel a Booking any time prior to the scheduled start time of their Lesson.
20.4 A Tutor must cancel a Booking by cancelling through Our Website only. If cancellations are not made through Our Website (including, but not limited to, e-mailing, texting or phoning the Student), the Tutor will be in breach of these terms and conditions.
20.5 All Booking cancellations or requests to re-schedule must be made immediately via Our Website.
20.6 If a Booking is cancelled 24 hours or more prior to the scheduled Lesson start time, the Student will receive a full refund.
20.7 In the event that a Student cancels a Booking within 24 hours, a Student is not eligible for a refund of any amount. Alternatively, we would advise Students to Reschedule their lesson via Our Website, therefore potentially avoiding any fiancial loss.
20.8 Bookings cannot be cancelled once the Lesson has begun. Any Lesson which is not cancelled by the Student prior to the scheduled Lesson start time, and is not attended by the Student, will incur the full charge and therefore the student will not be eligible for a refund of any amount.
In the event of extenuating circumstances surrounding the Student’s ability to contact the Tutor and Tutography, and to access the Lesson itself, a Student may be eligible for a partial or full refund made at the discretion of the Tutor and Tutography.

21. Complaints (including Missed Lessons)
21.1 As defined in clause 29.2, a Complaint covers any reason for a Student to request a refund due to the service provided by the Tutor (including, but not limited to, a Missed Lesson - where the Tutor did not attend a booked Lesson via Our Website) or the quality of the service they were provided was below their reasonable expectations.
21.2 Tutography reserves the right to temporarily suspend a Student’s and/or Tutor’s Account while an investigation is conducted regarding a Complaint. At Tutography’s discretion, the relevant Account(s) may be reactivated when an investigation has been completed.
21.3 A Student should, ideally, alert Tutography of a Complaint via e-mail within 72 hours of the scheduled end time of the relevant Lesson.
21.4 If a Missed Lesson was due to Tutography not meeting the terms in clause 9, We will process a full refund of the Booking to the Student.
21.5 Once a Complaint has been received from a Student, Tutography will endeavour to contact the relevant Tutor, via e-mail, text message or instant messenger, within 72 hours of the Complaint being received by Us.
21.6 Once Tutography has notified the relevant Tutor of the Complaint, the Tutor has 72 hours to inform Tutography if they would like to dispute the Complaint. Tutography will inform the Student of the Tutor’s decision as promptly as reasonably possible. If the Tutor does not dispute the Complaint, or if Tutography does not receive a response from the Tutor, Tutography (as the agent of the Tutor) will arrange for a full refund of the Lesson Fee to the Student.
21.7 If a Student alerts Tutography of a Complaint more than 72 hours after the scheduled end time of the relevant Lesson, We will inform the relevant Tutor, and it is at their discretion whether they decide to offer a full refund of the Lesson Fee, offer a partial refund of the Tutor Fee or reject the Complaint.
21.8 In the event of Tutography receiving a Complaint prior to the Tutor receiving their Lesson Fees for the relevant Lesson, We reserve the right to withhold these Lesson Fees until the Complaint has been resolved.
21.9 In the event the Student and Tutor cannot reach an amicable agreement regarding the Complaint, the Student is entitled to make a claim against the relevant Tutor in regard to the Complaint.
Tutography does not accept liability relating to Complaints and the services provided by a Tutor.
21.10 Tutography reserves the right to provide a Student, as a gesture of goodwill, a payment of the total Lesson Fee for the Lesson in dispute and this will be offered solely at Tutography’s discretion.

22. Termination and Suspension
22.1 Tutography may suspend a Student or Tutor’s access to Our Website and any/all Tutography services immediately via a written notice if:
- any information provided is untrue, inaccurate, out-of-date, or incomplete;
- a Tutor’s Rating is considered reasonably unsatisfactory by Tutography;
- a Student or Tutor acts in any way that has brought, or could bring, Tutography in to disrepute;
- a Student or Tutor is convicted of a criminal offence or are the subject of any investigation, which could, in Tutography’s opinion put Student safety at risk;
- a Student or Tutor is in material breach of these terms;
- a Student or Tutor does not use Our Website or Tutography services for a continuous period of six (6) months.
22.2 Termination of these terms and conditions will not affect the rights or liabilities of either party prior to and including the date of termination.
22.3 In the event that Tutography suspends or terminates a Student or Tutor’s account, and in accordance with these terms, Tutography may deactivate a Student or Tutor’s Account with immediate effect.

23. Communications from Us
23.1 If We have a User’s contact details, We may send them information. This information may concern matters including, but not limited to, changes to Our Website or to these terms and conditions.
23.2 We will only send a User marketing emails if we have received their consent.
If a User does give consent to receive marketing emails, they have the right to change this decision at any time. To do so, either contact Tutography or follow the ‘Unsubscribe’ link within the marketing email. Please note, it may take up to thirty (30) days to process a User’s request and a User may continue to receive marketing emails within this time.

24. Viruses and Malware
24.1 We try to protect Our Website from viruses, malware and attacks but We do not guarantee that Our Website is/will be free from viruses, malware, attacks or other malicious software. We are not responsible for any loss or damage caused by a virus, attack, malware or other harmful material that may affect a User’s computer equipment, programs, data or other property due to a User’s use of Our Website or due to a User downloading content from it.
24.2 A User is responsible for protecting their computer equipment, programs, data or other property from viruses, attacks, malware, and other internet security risks.
24.3 A User must not deliberately introduce viruses, malware, or any other material which is/could be malicious or technologically harmful, to or via Our Website.
24.4 A User must not be involved in a denial-of-service attack or distribute a denial-of-service attack in any way towards Our Website.
24.5 By breaching the provisions of clauses 24.3 and 24.4, a User may be committing a criminal offence under the Computer Misuse Act 1990. Such breaches will be reported to the relevant law enforcement authorities of which We will cooperate fully with those authorities by disclosing the perpetrating User’s identity to them. If a User breaches these terms, they lose their right to use Our Website immediately.

25. Intellectual Property
25.1 If a User would like to use any part of Our Website’s Contents, they must first obtain written permission and a licence from Us.
25.1.1 In accordance with clause 25.1, Tutography, as the owner and proprietor of the Content on Our Website, must always be cited and acknowledged.
25.1.2 In addition to clause 25.1, a User may not change, modify or update any copies or downloads of Our Content in any way.
25.2 A User agrees that all Trial Lessons and Lesson’s they attend may be recorded, stored and used by Tutography.
25.3 When uploading material to Our Website, Students and Tutors agree that Tutography has a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from such material.
25.4 A User agrees to allow Tutography to use any images and media, which has been created and uploaded on Our Website by the User, for Our own use (including, but not limited to, promotional purposes) without limitations, prior notice or compensating the User in any way.
25.5 A User is responsible for all content (including, but not limited to, all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials) that they upload, post, publish, display, e-mail or in any other way use via Our Website or any Tutography services.
25.5.1 A User will indemnify Tutography against any and all liabilities, costs, expenses, damages and losses endured by Us due to, or in relation with, any claim made against Us for actual or alleged infringement of a third party’s intellectual property rights due to, or in relation with, content or materials that the User has transferred, sent or uploaded via Our Website.
25.5.2 In the event that a third party issues a claim, or intends to issue a claim, against Tutography due to the actions of a User, We may:
- provide written notice of the Claim to the relevant User, detailing the reason for the Claim;
- temporarily suspend or permanently terminate the User’s Account.
25.6 A User agrees to never use Our Website or Tutography services to send or display any content that:
- violates any copyright, intellectual property or any other proprietary rights of any party;
- may contain software viruses, malware or any other computer data designed with the intent to temporarily disable, destroy or reduce the functionality of Our Website, any computer software, hardware or equipment or any telephonic software, hardware or equipment;
- places a security risk on any individual;
- contains unsolicited or unauthorized advertising, promotional material(s), commercial activities and/or sales (including, but not limited to, ‘junk mail’, ‘spam’, ‘contests’, or any other form of solicitation).
- in Tutography’s sole discretion is unlawful, threatening, abusive, harassing, excessively violent, damaging, discriminating, obscene, pornographic, violating an individual’s privacy or otherwise questionable.
25.6.1 In accordance with clause 25.6, Tutography may take the appropriate legal action against an individual who, in Our sole discretion, breaches these terms and the offending content will be removed from Our Website and Our services. We may temporarily suspend or permanently terminate the offender’s Account and report the offender to the appropriate law enforcement authorities.

26. Governing Law and Jurisdiction
26.1 These terms and conditions, and any matter concerning them (whether contractual or otherwise) will be governed by, and construed in accordance with, English law where the courts of England will have exclusive authority to settle any such matter.
26.2 In the event that any clause or part of these terms and conditions is found to be unenforceable in law, the remaining terms and conditions will still stand.

27. Disclaimers
27.1 Students and Tutors are solely responsible for their actions for which Tutography will not be held responsible.
27.2 A Tutor is not employed by Tutography. A Tutor or Student has no authority to change or waive any of these Terms or use them in any way to bind or commit us.
27.3 No Content on Our Website acts as professional advice on which a User should rely on. The purpose of Our Content is for general information purposes only.
27.4 We endeavour to display Content on Our Website which is complete, accurate, and up to date. However, We do not warrant, represent, or guarantee (either expressed or implied) that this will always be the case.
27.5 Even though We endeavour to collect evidence of a Tutor’s Enhanced Background Check before they are displayed on Our Website, we will not be held accountable for the actions of Tutors.
27.6 We do not offer tutoring services through Our Website and we provide no guarantee that the tutoring service(s) a User receives from a Tutor displayed on Our Website will contribute to any qualification, accreditation or other goal, standard or recognition.
27.7 We are not responsible for:
- loss or damage that was not a consequence of Our breach of these terms and conditions (for example, any indirect, special or consequential loss or damage);
- loss of profits or contracts;
- loss of revenue;
- loss of business;
- loss of goodwill;
- business interruption;
- office time or wasted management;
- loss of anticipated revenue or savings;
- loss or damage caused by circumstances outside our control;
- loss or damage that was caused by a User’s breach of these terms and conditions;
- loss or damage arising directly or indirectly from any act or omission of a Tutor;
- loss or damage caused by Our Website being unavailable, difficult to access or use for any length of time at any period;
- loss or damage caused by a breach by the Tutor or Student of a Booking;
- loss or damage caused to a User because of the User browsing Our Website as a guest, whether caused by tort (including negligence), breach of Contract or otherwise.

28. Our Liability
28.1 These terms and conditions do not exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from Our negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
28.2 In the event Tutography may be liable, a User must give Us reasonable time and opportunity to rectify any and all matter(s) for which Tutography may be liable.
28.3 Tutography and its employees will not be liable for any loss or damage in situations where:
- there is not a breach of legal duty of care owed by Tutography or its employees;
- the relevant loss or damage was not reasonably foreseeable by both parties; or
- the relevant loss or damage is due to the User and their actions (either intentional or not). For example, by a User breaching these terms and conditions.
28.4 To the extent as allowed by law, a User will be liable for any reasonably foreseeable loss or damage Tutography incurs due to the User breaching these terms and conditions or in any way due to the misuse of Our Website.
28.5 The clauses below apply to a User only if they are not a consumer:
To the extent as allowed by law, the User and Tutography rule out all terms, whether or not they are instructed by statute, by law or otherwise, that are not clearly stipulated within these terms and conditions. In this clause, any mention of Tutography also includes any and all of its employees.
Tutography’s liability, of any form, with respect to Our Website for any specific event(s), is limited to totalling the commission earned in the preceding 12 months from the date the liability arose, whichever is of greater financial value.
Under no circumstances will Tutography be liable for:
- economic losses;
- loss or damage of reputation;
- indirect or consequential losses; or
- damage to or loss of information.
The User shall indemnify Tutography against any and all claims and liabilities, whether directly or indirectly in relation to the User's use of Our Website, and/or as a breach of these terms and conditions.
28.6 Except as stipulated in these terms, Tutography provides no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent as allowed by law.

29. Definitions

The following definitions shall apply in this Agreement:

29.1 "Booking” is defined as the booking attached to an individual Trial Lesson or Lesson on Our Website.
29.2 "Complaint” is defined as a claim made by a Student that either the service provided by a Tutor drops below the Student’s expected standard of a Tutor associated with Tutography, or, that there was a Missed Lesson.
29.3 "Content” is defined as all information (text, images, audio, video, code, software, databases and all other types of information capable of being stored on a computer) that appears on, or forms part of, Our Website.
29.4 "Contract” is defined as the period during which, and the terms upon which, a User is provided with/provides Tutoring Services displayed on Our Website.
29.5 "Enhanced Background Check”. For a Tutor’s profile to be displayed on Our Website, they must have provided evidence of completing an Enhanced Background Check with either the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland up to three (3) years prior to the date of their application.
29.6 "Failed Payment” is defined as an outstanding Lesson Fee for a Booking, for which Stripe, Paypal or the User‘s bank, as directed by Tutography, has been unable to successfully take payment using the payment details provided by the Student.
29.7 "Tutography” is defined as the company Tutography Limited (company number: 15278587) with its registered office address at 28 Westbury Close, Bransgore, Dorset, BH23 8AZ.
29.8 "Lesson” is defined as, unless stated otherwise, a one-to-one online tuition lesson between a Student and a Tutor.
29.9 "Lesson Fee” is defined as the total cost of a Lesson.
29.10 Missed Lesson” is defined as a claim by a Student that they have not received a Lesson even though they have a Booking on Our Website.
29.11 "Online Classroom” is defined as Tutography’s online lesson space, provided by Lessonspace, which is made available to Users throughout the duration of their Lesson Booking.
29.12 "Rating” is defined as any rating (out of 5) made by a Student about a Tutor.
29.13 "Review” is defined as any comment made by a Student about a Tutor.
29.14 "Stripe Terms” is defined as the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.
29.15 "Student” is defined as a User who has registered a Student account on Our Website. If the Student is registering themself, they must be at least 18 years old. If the tuition is being arranged for an individual under 18 years old, the Student must be their parent or legal guardian.
29.16 A "Trial Lesson” is offered only at a Tutor’s discretion. It is an unpaid meeting between a potential Tutor and a Student which lasts for approximately fifteen (15) minutes. It gives a Student the opportunity to meet a Tutor to discuss the Student’s specific learning needs and to assess the Tutor’s appropriateness to deliver Tutoring Services to them.
29.17 "Tutor” is defined as a User who has registered a Tutor account on Our Website.
29.18 "Tutor Fee” is defined as the amount a Tutor charges for a Lesson which is collected by Tutography on behalf of the Tutor as described in clause 14.
29.19 "User” is defined as a person who uses Our Website (regardless of whether they have a registered account with us).
29.20 "VAT” is defined as Value Added Tax which is chargeable in accordance with English law.
29.21 "Website” / "Our Website” is defined as the website on the domain www.tutography.co.uk