Terms and Conditions
If you are under the age of 18, and wish to participate in the Site, and/or wish to receive tutoring services from RK Tutors, you must first secure the express permission of your parent and/or guardian and that parent and/or guardian must supervise and actively permit your participation in the Site, and your participation in any tutoring sessions. Your parent and/or guardian shall be treated as the primary user and shall be subject to be bound by these Terms.
1. ABOUT RK TUTORS
The website is operated by RK Tutors; business address is Flat 1 Haversham Court, Middleton Road, Manchester. United Kindom, M8 4JY ("we", "us", "our").
2. CONTACTING RK TUTORS
For general comments, or questions on this Site or on RK Tutoring services, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires RK Tutors prior consent or agreement, you can contact Rebecca Kesler at email@example.com or fill the contact form supplied on this Site. If you suspect misuse of the Site or if you consider your intellectual property has been unlawfully featured on the Site, please contact: Rebecca Kesler at Flat 1 Haversham Court, Middleton Road, Manchester. United Kingdom. M8 4JY
3. TERMS THAT APPLY WHENEVER YOU PURCHASE TUTORING SERVICES FROM RK TUTORS (INCLUDING FREE SERVICES)
Please read the terms before purchasing tutoring services from RK Tutors. The terms set out here constitute part of your contract with RK Tutors whenever you purchase for the tutoring services.
3A. PURCHASING TUTORING SERVICES AND ARRANGING TUTORIALS (ONLINE AND HOME)
To purchase tutoring services from RK Tutors, please contact RK Tutors. You will then be contacted to confirm payments. Only once payment has been received can lesson bookings commence. A test of the (online) classroom can be arranged prior to the booked lessons if desired. A "30 minute taster session" and/or "15 minute consultation" can be arranged prior to paid booked lessons both for home and online tuition. Once a booking has been made, it will be confirmed through the booking system though bookings are to be arranged at tutor and parent/guardian's discretion. It is also possible to reschedule and cancel appointments through the booking system or by contacting the tutor directly. Short notice booking changes may incur fees - please see Section 5. (your right to cancel) of these Terms. RK Tutors reserves the right to decline providing you with services due to unforeseen circumstances, such as technical issues or disruptive behaviour, that prevent RK Tutors from offering you an optimal customer experience of the services outlined. This does not affect your statutory rights.
This agreement applies to individual consumers (including solo tuition and group tuition) and their immediate households. RK Tutors may provide tutoring services to institutions and/or organisations under seperately agreed Terms.
4. PRICING AND PAYMENT
The charges you have agreed to pay for tutoring services are inclusive accept for home tuition students that require a tutor to travel to their home/desired location. In this instance, reasonable tutor travel costs incurred will be refunded by the student. Maximum travel time alloted is 1 hour.
RK Tutors has three different payment plans ("Solo Tutoring", "Group Tutoring" and "Further Options" payment plans). Lesson rates can be found on this website.
The first 30 minutes (also known as the "taster session") are free lasting 30 minutes. Students recommended by current students are eligible to a discount. RK Tutors rates and special offers are subject to change at the discretion of RK Tutors.
Payments can be made through PayPal (which includes major credit and debit cards), Bank Transfer, Cash or Cheque. Prior to the lesson a PayPal invoice will be sent to the student via their supplied e-mail address. Until payment for the booked lesson has been processed the lesson will not commence and RK Tutors reserves the right to limit services until any payments have been settled.
If you are on a Solo Tutoring subscription and wish to purchase additional lessons in excess of your "time credits" bought, you will be charged at the corresponding rate. Solo Tutoring time credits are from the date of purchase and will either expire when you have used up your full allowance or after 12 months from the date of purchase.
It is possible to switch payment plans at the tutors discretion in agreement with the lesson payer.
Unless otherwise stated, any tutor appointment is valid for a single user. To organise online group tuition the guardians/parents or over 18 student(s) are expected to contact RK Tutors prior to the first lesson and will be charged at group tuition rates. It is possible for plans to be set up with one payer and multiple students (e.g. a parent with 2 or more siblings). Please contact RK Tutors to organise this.
Your bank card details will be protected at all times in accordance with good industry practice. Payments are processed directly through a secure PayPal system unless otherwise requested by the payer.
RK Tutors reserves the right to vary pricing for future customers to services on offer.
RK Tutors reserves the right to offer additional services or content at any time for free or at a charge to a segment of RK Tutor's customer base where deemed to be commercially appropriate.
RK Tutors will allow you to pause "time credits" at RK Tutors discretion. If you have agreed to a minimum term commitment to tutorial services, the period for which your subscription plan is paused, will not contribute towards your minimum term with RK Tutors.
5. YOUR RIGHT TO CANCEL
NB: In addition to any other cancellation rights that RK Tutors may give you, you may cancel (or reschedule) tutorial services that you have ordered from RK Tutors up to 24 hours before a lesson. This includes the "30 minute taster sessions" If you cancel within the 24 hours time period you will be charged for the lesson through the upfront payment. The free 30 minute taster session will be counted as occurring and if you wish to book another you will have to rebook at a charge. If you have bought extra "time credits" and cancel within a period that you have paid for, you are entitled to receive tuition for this period for which you have paid. It is RK Tutors policy that this is none refundable but it can be transferred to another student as "time credit vouchers". After the final agreed lesson payments will cease. Your statuatory rights are not affected. RK Tutors may at any time waive the notice period requirement.
6. RE-BOOKING TUTORIALS
You can pre-book any number of tutoring sessions in advance, however a lesson will not commence unless payment has cleared. Any such appointment may be cancelled without charge provided that the booking change is made up to 24 hours before the day that the tutoring session is due to commence. If a customer decides to contact the tutor to rearrange booking as long as the initial point of contact is 24 hours before the session charges for that lesson will not incur. Booking changes of a tutorial session made within 24 hours of the appointment or failure to attend a tutorial session that you have booked with a tutor will result in the full price of the tutorial being charged at RK Tutors discretion.
7. TECHNICAL ISSUES (ONLINE TUTORING)
If a tutoring session fails completely due to a technical failure (this is after half the lesson has been taken to try to fix the problem and failed) the customer will not be charged for that lesson. If part of the session fails due to technical failure you will only be charged for the part of the lesson that was delivered successfully. If technical failure prevents a number of lessons occuring, and the technical failure is due to your equipment or connection, RK Tutors may require you to test your system in advance of each lesson. If problems are identified before a lesson then your tutor (if available) will try to assist you to attempt to correct your systems at no charge. However, if extensive assistance is required as a consequence of technical failure due to your equipment or connection, such as a new computer is needed or reinstallation of software then the lesson(s) and time credits can be paused until the customer fixes the issue and wishes to recommence. The student willl have the 12 month period from the date of purchase of credits to use the credits before they expire.
8. HOW TO MAKE A COMPLAINT
If you are unhappy with any tutoring lesson you must report your concerns to RK Tutors within 24 hours of the end of the tutoring session. Please see contact page on this website. A form is available or alternatively you can e-mail. An investigation into your concerns will be made and, if appropriate, arrange to credit back the balance of your lesson allowance. RK Tutors decision in this regard is final and binding.
9. RECORDING OF TUTORING SESSIONS
Please note that RK Tutors does not currently record tutoring sessions. For this reason it is advised that an adult (such as a parent or guardian) is available whilst tutoring is occuring either on-line or through home tuition if the student is below 18 years old. This is for child protection purposes, quality monitoring purposes and to resolve any other issues between RK Tutors and our customers in the event of a complaint. All current tutors at RK Tutors have enhanced DBS and safeguarding training including online. Additionally, at the end of every session detailed feedback is e-mailed to the student.
10. AVAILABILITY OF TUTORS
RK Tutors does not guarantee the availability of any particular tutor and RK Tutors accepts no responsibility or liability for the withdrawal, removal or unavailability of the same. Individual tutor availability is allocated on a strictly first-come first-served basis. Individual tutors, at time to time, may become unavailable for a period (e.g. holiday, sickness). If required and requested, RK Tutors will try to find another tutor to fulfil the tuition. Please note RK Tutors is currently a micro business and for this reason there is a chance this may not be possible. Alternative tutors can be requested at any time but there is no guarantee that an alternative will be found currently.
As previously stated users of RK Tutors Site should be 18 or above or have received parental/guardian permission to use the Site (see above).
RK Tutors offers a private tutoring service both on-line and through home tutoring to students aged 6 years upwards irrelevant of gender, race, ethnicity, sexuality, colour, religion, special educational needs or disability.
All students aged below the age of 18 must have parental/guardian consent to participate in RK Tutors service. If a tutor discovers parent/guardian consent for such students has not been obtained, RK Tutors reserves the right to terminate lessons until permission has been granted.
Payments must be arranged with the parent/guardian or with their consent for students below the age of 18 under the pricing and payment conditions (see section 4).
Consent to share contact details must be obtained from the parent/guardian for students below the age of 18. Contact detaills may consist of telephone numbers (landlines, mobile, Skype), e-mail addresses and home addresses. These may be used to contact students/parents/guardians during the lesson (to run the lesson), before or after the lesson to discuss queries and feedback, for reviews, to organise payments, invoicing, to discuss technical ddifficulties, to book a lesson or arrange a lesson meeting point for student or booking reminders etc. Permission will be obtained by RK Tutors for how RK Tutors uses your contact details through an opt-in form that you can change at any time including questions on day-to-day communication, receiving tips and newletters and promotional and marketing material.
All tutors at RK Tutors have an Enhanced DBS check as well as child protection and safeguarding training and at no point will contact details be used for personal reasons. If a tutor is discovered to be using contact details in an inappropriate manner their contract will be terminated.
RK Tutors currently uses a booking system with Simply Book Me for students to arrange on-line and home tuition as well as to organise parental reviews and and a 30 minute taster session for new students. The booking system does not currently take payments. Users of the system should be 18 or above or have received parental/guardian permission to use the booking system. RK Tutors reserves the right to cancel and rearrange booked lessons if a student is misusing the booking system.
This section talks about what to expect before, during and after a lesson.
12A. TASTER SESSIONS AND ALL LESSONS
Taster sessions last 30 minutes, are free and are available to new potential students to try before they buy. Prior to the taster session, the tutor will contact the student to find out some personal details for RK Tutors records (parent/guardian name, mobile, landline, Skype, e-mail, address and information about the student) and they will be asked if they are willing to share their contact details via the booking system and if they are looking for home or online tuition. Once students have signed up either for lessons or the taster session they will receive a welcome pack and be asked to complete an opt-in form.
All students (home and online) are also advised to have access to a scientific calculator prior to lessons.
12B. ONLINE LESSONS
Prior to the lesson
Client will receive a booking reminder via SMS and/or e-mail through the booking system if they have agreed to day-to-day communication via the opt-inform. As well as receiving access to the opt-in form, new students will receive a "new student booklet" to help guide them with tutoring at RK Tutors including how to get started and what technology they need.
Currently students are advised to have an up-to-date computer (e.g. laptop or PC) or tablet (e.g. iPad), an internet browser (ideally Google Chrome) and a working good speed internet connection. Students should also have a working webcam and microphone with speakers (either internal or external to their IT device). Students also will need access to e-mail or Skype or Wats App so that the classroom link can be sent and received by the student prior to the lesson so the student can access the classroom. Links to the classroom will be sent via e-mail unless the student (over 18)/parent/guardian indicates otherwise. In case of technology problems students should have access to a landline or mobile phone whose number and details have previously been given to the tutor by the student (over 18)/parent/guardian. Additionally, a mouse and keyboard are recommended or alternatively a graphics pen and/or touch screen (e.g. on a tablet device). The webcam and audio features can be linked to the classroom which enables visual communication.
In addition the student may wish to go through a topic, work set from school or homework. This can be talked through in the classroom but to make things quicker it is suggested students e-mail prior to the session about such work. They can also scan or photograph and send any documents they want to look at in class prior to the lesson and the tutor will share them in the classroom ready for the lesson. Alternatively, students can share the work themselves through the classroom through sharing their screen. However, to do this, parental permission must be given if the student is below 18 years old. Tutors are expected to ask a parent/guardian for permission (usually verbal) if such as scenario arises during the lesson.
Before the lesson (usually 24 hours) the student will receive either an e-mail or message with a unique URL and password used to access the classroom via Zoom. If the URL is being sent to an e-mail address and you can't see the link please check your Spam tray. The student should enter their name when prompted for a password to the classroom. Students do not need to have Zoom installed on their computer but RK Tutors advices signing up to Zoom via the Zoom website for a free basic account and downloading the application/software to their IT device.
During the lesson
Lessons should commence on time and not before or after unless rearranged at the tutor and student's discretion. This is because other students may be booked in before or after and they also want their full time alloted. If a student is late to their lesson, the tutor will run the lesson up to the time paid for (at the tutor's discretion) and the student will be charged for the full time alloted.
The tutor will meet the student in the classroom and audio and webcam should run through the classroom. The tutor will then either conduct the taster session or actual lesson based on the students needs and requirements for the allotted time. If it is a taster session or the student is new to Zoom the first 5 minutes will be spent helping the student operate the user interface if a free 15 minute technology consultation hasn't been previously organised.
During a first lesson it may be necessary for a tutor to assess a student's level of learning and during regular lessons the tutor should always be assessing where a student is up to.
After the lesson
Tutors will write a report for the lesson. Feedback is available at an extra charge. The feedback is sent via e-mail to the parent/guardian/adult learner. Students can opt-in for homework and if they do this they will be sent homework after the lesson to be completed in the student's own time prior to the next lesson. Students/parents/guardians can also organise a review which is a free 15 minute service where we discuss how the student is doing and discuss any concerns or support that RK Tutors can offer the student. Students can book follow up lessons using the on-line booking system via this website or by asking the tutor to book a lesson. Students (over 18)/parents/guardians can also request a report for professionals (e.g. to discuss withthe school, educational psychologists, professionals). Reports are available at an extra charge.
12B. HOME LESSONS
Tutors and students should abide by RK Tutors Covid-19 policy prior to, during and after lessons. For more information visit the Covid-19 policy on RK Tutor's website. Students (over 18)/parents/guardians should regularly check the RK Tutors website for updates on Covid-19 and tutoring at RK Tutors.
Prior to the lesson
Client will receive a booking reminder via SMS and/or e-mail through the booking system if they have agreed to day-to-day communication via the opt-inform. This may be at the student's home, tutor's home or at a mutual location. If at a student's home or mutual location there will be a reasonable travel charge to reimburse the tutor's commute. The maximum travel time for a tutor is 1 hour.
New students (over 18)/parent/guardian will receive access to the opt-in form and a "new student booklet" to help guide them with tutoring at RK Tutors including how to get started and what service to expect.
The student is advised to have basic stationery including writing implements, measuring devices (e.g. 30 cm ruler, protractor, compass) and a scientific calculator. In addition, the student may wish to go through a topic, work set from school or homework. This can be talked through in class but to make things quicker it is suggested students e-mail prior to the session about such work. They can also scan or photograph and send any documents they want to look at in class prior to the lesson. The tutor will bring material which is appropriate to the topic's teaching to the lesson.
During the lesson
Lessons will be conducted meeting each student's individual needs working at the student's pace in the agreed location. If the student is under 18 it is advised that a parent/guardian is available. All tutors with RK Tutors have DBS and safeguarding training. Tutors will set homework at the end of the lesson if requested by the student/parent/guardian.
During a first lesson it may be necessary for a tutor to assess a student's level of learning and during regular lessons the tutor should always be assessing where a student is up to.
After the lesson
Tutors will write feedback for the lesson. Feedback is available at an extra charge. The feedback is sent via e-mail to the parent/guardian/adult learner. Students can opt-in for homework and if they do this they will be sent homework after the lesson to be completed in the student's own time prior to the next lesson. Students/parents/guardians can also organise a review which is a free 15 minute service where we discuss how the student is doing and discuss any concerns or support that RK Tutors can offer the student. Students can book follow up lessons using the on-line booking system via this website or by asking the tutor to book a lesson. Students can book follow up lessons using the on-line booking system via this website or by asking the tutor to book a lesson. Students (over 18)/parents/guardians can also request a report for professionals (e.g. to discuss withthe school, educational psychologists, professionals). Reports are available at an extra charge.
12C. GROUP LESSONS
Group lessons will work similar to online or home lesson but with more students. Students (over 18) or their parents/guardians pay for the lessons individually but will have the lesson booked together at the same time. Students are therefore expected to be present at the same time for the lesson to commence. If a student does not turn up to the lesson (and it is not due to technical difficulties) that student will be charged for the lesson. If a student turns up late to a lesson, the lesson will still run to the time alloted and all students will be charged normal price.
12D. ABOUT LESSONS - GENERAL
RK Tutors cannot guarantee that a student's grades or confidence will improve although it is RK Tutors aim to succeed in both areas through creative, fun, educational learning. Tutors at RK Tutors will do their best to improve and support students to their best of their abilities but are by no means liable if a student does not meet their targets. Lessons will be conducted meeting individual student's needs. Group tutoring will be conducted with what is best for the group.
From time-to-time RK Tutors may need to monitor student behaviour and if a student is not working to the best of their ability a tutor reserves the right to tell the student/parent/guardian by organising a review session. Feedback will also be received at the end of every lesson via e-mail. By no means is RK Tutors liable if the behaviour of the student is poor. Tutors reserve the right to say they will not teach a student if a student/parent/guardian's behaviour is dangerous to themselves or the tutor. If a tutor feels a student's safety is at risk then to protect the child they are obliged to report and follow safeguarding procedures.
PART 2: GENERAL TERMS
General terms are applicable whether or not you purchase tutoring services from RK Tutors. Please note that in the event of inconsistency between the above and general terms, the above will prevail.
1. USING THE SITE
This website is currently run by Rebecca Kesler at RK Tutors with wix.com. The interactive classroom is run in conjunction with Zoom. The booking system is run in conjunction with Simply Book Me. Social media and the booking system linked to this website abides with the terms and conditions and policies laid out here, on this website. RK Tutors will not be liable or responsible if for any reason the website, interactive classroom or booking system are unavailable at any time or for any period.
The information and materials on this website are not intended to amount to advice on which reliance should be placed by you. As such, RK Tutors disclaims all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the website, or by any person who may be informed of any of its content.
You may view (and, where applicable, listen to) the content and applications available on the website for your private non-commercial use. You must not use or allow others to access or use, all or any part of RK Tutors site or the contents and/or applications on it for commercial purpose without RK Tutors permission. Use of all or any part of RK Tutors Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
You may occassionally print individual web pages on the Site for your private non-commercial use, provided taht such printing is not substantial or systematic. Unless otherwise stated in these Terms, you must not (whether directly or indirectly):
(a) distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the SIte or any content, files, feeds or data from the Site, whether publicly available or not; or
(b) copy, download, or store any content, files, feeds or data from the website, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show 'fair dealing' with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
(c) You may only play video or audio files using the media player on the website or on the website of one of our licencees who is displaying such material with our authorisation. Users should be aware that content and resources may be removed from the website with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the website.
You may establish a link to the website, provided that:
(a) the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
(b) the link does not falsely imply or suggest that RK Tutors endorses, approves of or are associated with the linked website, its webpages or any of its contents; and
(c) framing of our website on any other website is not allowed and you must not provide access to the website or part of it under any other URL.
RK Tutors may withdraw your right to link to the website without notice and at any time (acting in our sole discretion). On certain parts of the website you may be able to include links to third party websites. Subject to these Terms you may only include links on the website to third party websites or webpages if:
(a) the content of or linking to such third party websites or webpages does not breach any of the provisions set out in these Terms;
(c) links are clearly and visibly marked as such;
(d) the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and
(e) the link will not result in any automatic download.
Where the website and/or applications contain links to other websites, webpages, resources, or mobile services which are propietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
Currently RK Tutors does not have a registration facility through the website. However, you (the parent/guardian/student over 18) may be asked personal details (e.g. e-mail address, telephone number) before booking your first lesson as part of an induction process. Additionally, the payee may be asked questions for payment purposes. You may be asked details by the tutor to support tuition needs (e.g. telephone number to carry out online tuition). It is your responsibility to provide accurate and complete details and to keep these details up to date. RK Tutors is entitled to rely on any such details you provide to RK Tutors.
You must provide a valid e-mail address and telephone number before the first lesson. An opt-in form is sent to students via e-mail at the beginning of their tuition period (either prior to taster session or first lesson). Here you can opt-in to receive daily communication (recommended) and you can change your opt-in options at any time. You also acknowledge by signing up to a lesson that RK Tutors may stop sending e-mails to you without prior notification.
You are responsible for everything done using your personal details with RK Tutors. If you think that any person may have access to, or be using, your registration details, you must inform RK Tutors immediately.
4. YOUR CONTENT
RK Tutors may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation to, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personal identifiable information ("Content") on the website. You retain ownership of any intellectual property rights that you hold in the Content. You grant to RK Tutors a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-licence, create derivative work from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic format) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
It is RK Tutors sole discretion whether or not RK Tutors chooses to publish or otherwise make available content on the Site. For the avoidance of any doubt, you acknowledge and agree that RK Tutors may:
(a) continue to publish all or part of your Content even if you change your mind and want RK Tutors to remove it and/or you are no longer registered with the Site;
(b) remove your Content at our sole discretion (even if you have not breached these Terms);
(c) use all or part of your Content in promoting our products and services;
(d) reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;
(e) publish and/or distribute widgets and other applications similar to yours and bearing our or another user's branding or logo without your liability or responsibility to you;
(f) modify your Content in any way at our sole discretion.
Notwithstanding the above, you acknowledge that RK Tutors is not responsible for checking, monitoring or moderating any content and you remain solely responsible for all content that you upload or submit.
By uploading or submitting content to the website, you warrant and represent that you are the sole author of and owner of all proprietary rights in the content. If the content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provision of these Terms.
You warrant and respresent that your Content will not be inappropriate. Without limitation, Content will be considered inappropriate if:
(a) commentary about RK Tutors, its tutors or students is damaging, slanderous or libellous or defamatory in any way
(b) hate speech is used regarding RK Tutors, its tutors or students including but not limited to religion, gender, race etc.
(c) sexual material of any kind
(d) portrayals of extreme violence or content that encourages violence
(e) of bullying or harrassment in nature including, but not limited to, to RK Tutors, its tutors or students
(f) involving or encouraging illegal activities such as, but not limited to, drug use and gambling
(g) other instances that RK Tutors deems as inapproriate
If students/parents/guardians or tutors are found involved in any Content that is deemed objectionable this will result in RK Tutors terminating any future lessons (waivering refund), terminating links to students and their families or tutors and in some circumstance may result in prosecution.
5. THIRD PARTY CONTENT
RK Tutors is not liable or responsible for any third party content on the website. Third party content includes, for example (but not limited to), comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.
6. INTELLECTUAL PROPERTY RIGHTS
For the avoidance of doubt, RK Tutors is the licensee of all intellectual property rights on RK Tutors website. All such rights are reserved.
RK Tutors acknowledges and agrees that you retain ownership in any copyright you may have in the content you submit or upload to the website.
7. YOUR PERSONAL INFORMATION
8. RK TUTORS LIABILITY
PLEASE READ THIS CLAUSE CAREFULLY. The following provisions of this clause sets out RK Tutors entire financial liability (including any liability for the acts or omissions of RK Tutors employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms, any tutoring services that you receive from RK Tutors, or your use of the website generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
The information and material contained on the website is for informationn purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the website and use your own judgement before doing or not doing anything on the basis of such information or material. RK Tutors makes no representations or warranties with respect to the Site and software used or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the website and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the website or any website or webpage to which it is linked.
Nothing in these Terms excludes or limits RK Tutors liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by law. To the fullest extent permitted by law, RK Tutors and third parties connected to us hereby exclude any liability for:
(a) loss of or corruption to data; or
(b) loss of profit; or
(c) loss of anticipated saving; or
(d) loss of anticipated revenue; or
(e) loss of business; or
(f) loss of opportunity; or
(g) adverse effect on reputation and/or goodwill; or
(h) any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
RK Tutors total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to RK Tutors in the 12 month period immediately preceding the date on which such loss or liability arose of £250, whichever is greater.
Without prejudice to the generality of the exclusions of liability contained in this clause, we shall not be liable to you if you cannot access the website properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside RK Tutors control (which shall include without limitation the performance of any service provider, the performance of any internet browser or limitations of the device you use to access the website and interactive classroom).
RK Tutors shall have no liability to you for any loss or inconvenience suffered due to the unavailablity or withdrawal of any Content, material or other information from the website.
Whilst RK Tutors monitors the website with a view to locating and fixing defects, you acknowledge and agree that RK Tutors cannot guarantee that the website or any individual feature of the website or classroom will be error free, be available at all times and/or be free from viruses and defects.
9. MAINTENANCE OF THE SITE
You acknowledge and agree that from time to time RK Tutors may need to:
(a) fix, detect and sort errors with the software or contact third party sources to do this;
(b) install updates and undertake general diagnosis and maintenance of the website and other uses software; and
(c) undertake emergency maintenance that as a result of which RK Tutors may be less accessible or unavailable to you from time to time.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
RK Tutors may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes RK Tutors makes, as they are binding to you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
12. JURISDICTION AND APPLICABLE LAW
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
The courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For RK Tutors exclusive benefit and to the extent possible in applicable jurisdiction, RK Tutors retains the right to bring or enforce proceedings as the substance of the matter in the courts of the country of your residence.
Discounts offered are at the discretion of RK Tutors.
In the unlikely event of an administrative error resulting in an incorrect price being displayed on the website, RK Tutors reserves the right to correct the price.
RK Tutors reserves the right to withdraw the special offer or change any of the Terms (including the availability and end date) of the special offer at any time without notice to you.
14. PRICES AND OTHER INFO
If a customer wishes to cancel their time credits with RK Tutors please see above for information on this. The month period is defined from the date that the customer's payment is made to RK Tutors, not by calendar month.
Time credit holders have the right to "pause" their time credits. This allows the customer to pause both their payment and correlating lesson hours. To take advantage of this, the customer must notify RK Tutors before the payment is taken. Credits must be used within the 12 month period from taking payment. Credits will be cancelled after this period.