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 and be bound by these Terms.
1 About RK Tutors
This website is
operated by RK Tutors; business address is Flat 3 Singleton Road,
Prestwich, Manchester M25 0FW United
Kingdom ("we", "us", "our").
2 Contacting RK
Tutors
For general comments
or questions on the Site or on RK Tutors tutoring services, or to seek
permission to do anything prohibited by or not contained in these Terms, or
which requires our prior consent or agreement, you can contact Rebecca Kesler
at contact@rebecca.kesler.co.uk. If you suspect misuse of the Site or if you
consider your intellectual property has been unlawfully featured on the Site
please contact: Flat 3 Singleton Road, Prestwich, Manchester M25 0FW United
Kingdom.
3 Terms that apply
whenever you purchase tutoring services from RK Tutors
Please read the
terms before purchasing tutoring services from RK Tutors. The terms set out
here and constitute part of your contract with RK Tutors whenever you purchase
for the tutoring services.
3a.
Purchasing tutoring services and arranging tutorials (on-line)
To purchase tutoring
services from RK Tutors, please contact RK Tutors. Details can be found via the website:
rk-tutors@blogspot.com. You will then be
contacted to confirm payments. Once
payment has been received lesson booking will be confirmed. A test of the classroom can be arranged prior
to the booked lessons. A demonstration
or taster lesson will be classified as the first lesson. Following bookings will be confirmed at the
end of a lesson though bookings are to be arranged at tutor and
parent/guardian's discretion. It is also
possible to reschedule and cancel appointments by contacting RK Tutors. Short notice booking changes may incur fees -
please see below. 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 and their immediate households only. RK Tutors may provide tutoring services to
institutions or organisations under separately agreed terms.
4. Pricing and
payment
The charges - you
have agreed to pay for tutoring services are inclusive, unless otherwise
specified.
RK Tutors lessons
has three different payment plans (Pay As You Go, Pay Monthly and for Group
Tutoring). Lesson rates can be found on
RK Tutors website: www.rk-tutors.blogspot.com
There is a special discount rate for the first booked lesson(s) purchased and
old Maths Doctor students will receive an initial discount. RK Tutors rates are subject to change at the
discretion of RK Tutors.
Payment may be made
through accepted PayPal methods via RK Tutors website: www.rk-tutors.blogspot.com. Until payment for the first lesson has been
processed the first lesson will not commence and RK Tutors reserves the right
to limit services until any payments have been settled. Payments can be made via RK Tutors website by
the payee.
If you are on a Pay
Monthly subscription and wish to purchase additional lessons in excess of your
monthly quota, payment for any extra lessons will be charged at the Pay As You
Go Rate. Pay Monthly plans are based around
a 4 week rotation from the date of payment.
If you subscribe to a monthly subscription plan any unused hours
remaining on your balance will automatically expire at midnight GMT on the last
day of the 4 week period to which your monthly subscription relates.
If you purchase a
'Pay-as-you-go' your lesson entitlement will expire once you have used up your
full allowance for the current period or at the end of the applicable period
from the date of purchase unless otherwise specified. Where unspecified,
lessons credits expire 12 months from the date of purchase.
Unless otherwise
stated, any tutor appointment is valid for a single user as specified on the
account in your household only. To
organise on-line group tuition the guardians/parents are expected to contact RK
Tutors prior to the lesson and will be charged at group tuition rates.
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 via RK
Tutors website.
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 your subscription plan 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
tutorial services that you have ordered from RK Tutors up to 24 hours before
your first lesson. If you cancel within this period and have not received any
tutorial services from RK Tutors prior to cancellation, you will receive a full
refund. If you are on the Pay Monthly plan and cancel within a period paid for
you are entitled to receive tuition for the period for which you have paid. After this payments will cease. Your statutory rights are not affected. RK tutors may at our discretion waive the
notice period requirement.
NB: All cancellation
requests must be made in writing.
Contact forms and e-mail address can be found on RK Tutors website: www.rk-tutors.blogspot.com
6. Re-booking
tutorials
You can pre-book any
number of tutoring sessions in advance however a lesson will not commence
unless payment has clears. 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.
Booking changes of a tutorial session made on the day 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 the tutors
discretion.
7. Technical issues
If a tutoring
session fails completely due to technical failure you will not be charged for
that session. If part of the session fails due to technical failure you will
only be charged for the part of the session that was delivered successfully. If technical failure prevents a number of
lessons occurring, and the technical failure is due to your equipment or
connection, we may require you to test your system in advance of each lesson. If problems are identified before a lesson
then your tutor will try to assist you to attempt correct your systems at no
charge. However, if extensive assistance
is required as a consequence of a technical failure due to your equipment or
connection, such as installing a second computer or a full repeat installation
of your original computer then the lessons can be frozen until the customer
fixes the issue and wishes to recommence.
8. How to make a
complaint
If you are unhappy
with any tutoring session you must report your concerns to us within 24 hours
of the end of the tutoring session.
Please see contact page at RK Tutors website. Contact details can be found at www.rk-tutors.blogspot.com. An investigation into your concerns will be
made and, if appropriate, arrange to credit back the balance of your lesson
allowance. Our 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 tutor is tutoring said child. 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.
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
etc.). If required and requested, RK
Tutors will try to find another tutor to fulfil the tuition. Please note RK Tutors is currently running as
a small starter 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 not guarantee that an alternative will be
found currently.
General terms
General terms are
applicable whether or not you purchase tutoring services from RK Tutors. Please note that in the event of any
inconsistency between the above and general terms, the above will prevail.
11. Using the Site
The website and blog
is currently run through Blogger in abidance with Blogger's policies. The interactive whiteboard is currently run
in conjunction with Scribblar. RK Tutors
will not be liable or responsible if for any reason the website or interactive
whiteboard are unavailable at any time or for any period.
The information and
materials on the 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 own 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 purposes 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 occasionally
print individual webpages on the Site for your private non-commercial use,
provided that 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 licensees 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.
12 Linking
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, approve 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 above;
(b) the terms of use
of such websites or webpages allows such linking;
(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 proprietary 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.
13. Registration
Currently RK Tutors
does not have a registration facility through the website however you (the
parent/guardian) may be asked personal details 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 on-line
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 registration details you provide to RK Tutors.
You must provide a
valid email address and telephone number before the first lesson. If you
provide an email address to RK Tutors then you warrant to RK Tutors that you
are entitled to receive email to such email address. You also acknowledge and
agree that RK Tutors may stop sending emails to you without prior notification.
You are responsible
for everything done using your registration details. If you think that another
person may have access to, or be using, your registration details, you must
inform us immediately.
14. Your Content
The website may
offer you the opportunity to submit, post, display, transmit, perform, publish,
distribute or broadcast content and materials, including, without limitation,
photographs, text, music, video, audio recordings, computer graphics, pictures,
data, questions, comments, suggestions or personally identifiable information
(“Content”). 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-license, create derivative works 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 form) 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 our sole
discretion whether or not RK Tutors choose 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 any 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 provisions of these Terms.
You warrant and
represent that your Content will not be inappropriate. Without limitation,
Content will be considered inappropriate if:
(a) It is
defamatory, plagiarised, abusive, malicious, threatening, false, misleading,
offensive, insulting, discriminatory, profane, harassing, racist, sexist,
indecent, obscene, pornographic or hateful;
(b) It is in breach
of confidentiality or another person’s privacy,
(c) It prejudices
any active legal proceedings of which you are aware;
(d) It contains
accusations of impropriety or personal criticism of our staff;
(e) It infringes any
intellectual property rights proprietary to us or any other third party;
(f) It is
technically harmful (including without limitation computer viruses, logic
bombs, trojan horses, worms, harmful components, corrupted data or other
malicious software, harmful data or conduct);
(g) It advertises or
promotes any product or service or makes any requests for donations or
financial support;
(h) It is spam or
junk content;
(i) It impersonates
another person or otherwise misrepresents your identity, affiliation or status;
(j) It would be
considered a criminal offence, or gives rise to civil liability, or is
otherwise unlawful; and/or
(k) is in breach of
these Terms
You must not attempt
to avoid or undermine any protections RK Tutors put in place for the security
and operation of RK Tutors.
You shall indemnify
us on demand and keep us indemnified against all liabilities, losses, damages,
costs, claims and expenses (including any professional costs and expenses)
suffered or incurred by us arising out of or in connection with any breach or
alleged breach by you (as above).
You undertake to
defend RK Tutors from and against any claim or action by a third party that the
use or possession of any Content submitted or uploaded to the Site by you
infringes the intellectual property of such third party (“IPR Claim”), and
shall on demand indemnify us and keep us indemnified against all liabilities,
losses, damages, costs, claims and expenses (including any professional costs
and expenses) suffered or incurred by us arising out of or in connection with
any such IPR Claim.
15. Third party
content
We are not liable or
responsible for any third party content on the website. Third party content
includes, for example, 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.
16. Intellectual
property rights
For the avoidance of
doubt, RK Tutors the licensee of all intellectual property rights in RK Tutors
website. All such rights are reserved.
We acknowledge and
agree that you retain ownership in any copyright you may have in the Content
you submit or upload to the website.
17. Your personal
information
In addition to these
Terms and the Additional Terms, please read the Privacy Policy carefully as it
governs our collection and use of information about you. By using our Site, you
consent to us obtaining and holding your data as set out in the Privacy Policy.
18. RK Tutors
liability
PLEASE READ THIS
CLAUSE CAREFULLY. The following provisions of this clause 18 set 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 your 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 information 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 make 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 expressly exclude
any liability for:
(a) loss of or
corruption to data; or
(b) loss of profit;
or
(c) loss of
anticipated savings; 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 us in the 12 month period immediately
preceding the date on which such loss or liability arose or £250, whichever is
greater.
Without prejudice to
the generality of the exclusions of liability contained in this clause 10, 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 internet 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
unavailability or withdrawal of any Content, material or other information from
the website.
Whilst we monitor
the website with a view to locating and fixing defects, you acknowledge and
agree that we cannot guarantee that the website or any individual feature of
the website or interactive whiteboard will be error free, be available at all
times and/or be free from viruses and defects.
19. Maintenance of
the Site
You acknowledge and
agree that from time to time RK Tutors may need to:
(a) fix defects and
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 used
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.
20. Severance
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.
21. Variation
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 we make, as they are
binding on you. Some of the provisions contained in these Terms may also be
superseded by provisions or notices published elsewhere on the Site.
22. 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 and Wales.
The courts of
England and Wales 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 the applicable
jurisdiction, RK Tutors retains the right to bring or enforce proceedings as to
the substance of the matter in the courts of the country of your residence.
23. Offers
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, we reserve the right to correct the price.
RK Tutors reserve
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.
24. Prices
If a customer wishes
to cancel their subscription 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.
Subscription holders
have the right to ‘pause’ their package for one month. This allows the customer
to pause both their payment and correlating lesson hours for one month. To take
advantage of this, the customer must notify RK Tutors before the first payment
date of the month in question.
Unused lessons
cannot be carried forward to the next subscription month. RK Tutors may allow the carry-over of a small
number of lessons, at tutors discretion. The customer is still obliged to pay
the following full month’s subscription if on the Pay Monthly plan.
If a tutoring
session fails completely due to technical failure you will not be charged for
that lesson. Please see above for further information on this.
A customer may
purchase a one off extra lesson for a one-off payment. This will be charged as a Pay-As-You-Go rate.
Alternatively they can upgrade to Pay Monthly.
We advise all pupils
to use 45 minute lessons, however we can provide one-hour lessons at the
parent’s request.
All lessons and
tutor time is measured in 15 minute increments.
Unless otherwise
stated Pay-As-You-Go and Pay Monthly plans are for one pupil. For group tuition please contact RK Tutors
and rates are stated on the website.
A customer can
pre-book any number of tutoring sessions in advance without charge. Lessons will not commence if they have not
been paid for in advance. Any such
appointment may be cancelled without charge provided that the cancellation is
made 24 hours before the day that the tutoring session is due to commence. Cancellations made on the day of the
appointment or failure to attend a tutorial session that you have booked with a
Tutor will be charged in full. All sales are final. For further details on cancellations see
above.
Your statutory
rights are unaffected by the terms set out above. Should you have any queries
about our pricing policies, please contact us by following the instructions
found on the ‘Contact’ page on the Site.
