Terms & Conditions
Hello and welcome to TutorSeek.com (the "Platform") brought to you by a company registered to trade as Tutor Seek ("We", "Us"; and "Our").
These terms and conditions (the "Terms") constitute a legally binding contract between you, the user, and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Platform and the services made available through it. By accessing or using the Platform and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.
We reserve the right to change these Terms at any time in our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of such use. Although we recommend that you read through the Terms available on the Platform from time to time, so that you can be sure that you are aware of the latest version, we will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.
TutorSeek.com provides an online community that enables:
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People seeking to learn/train/practice a subject or skill to:
a. Create a job post outlining what they're looking to learn.
b. Search listings for tutors and schools they wish to contact.
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People seeking to teach a subject or skill to:
a. Create a a listing describing the tutoring/training services they offer.
b. Search listings for job posts and school listings they wish to contact.
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People representing a school or company to:
a. Create a a listing describing the tutoring/training services they offer.
b. Search listings for tutors and job posts they wish to contact
c. Create a job post to get in touch with new teachers
The platform does not represent any agency or educational institution. It is purely an online community that allows connections to be made between tutors, students and schools.
1. Registration
1.1 You do not need to register as a member of the Platform in order to browse some sections of the Platform, but you may not be able to access all of the features of the Platform unless you register with us and create an account on the Platform. If you are browsing the Platform and have not yet registered with us, your use of the Platform will still be subject to these Terms.
1.2 You will need to register with us in order to post any jobs or profiles on the Platform. You can register by clicking on the "Register" on our homepage and submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the Platform. You may also be required to submit some additional personal information about yourself as part of the registration process.
1.3 We also allow users to log in to our Platform using their Facebook or Google account details. If you choose to create an account with us that’s linked to your Facebook or Google account in this way you will only need to enter your Facebook or Google login details in order to create an account with us.
1.4 You must be at least 18 years old to register.
1.5 Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Platform using your username and password (including, without limitation, any adverts posted on the Platform via your account). You should notify us immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission. Unless we have been notified otherwise will be entitled to assume that any person logging into our Platform using your username and password is you.
1.6 We may at any time and for any reason refuse to accept a registration from any person.
1.7 There are three types of accounts that can be registered: "Tutor", "Student" and "School". Each account type has different functions and you are only permitted one account of each type on the Platform. Multiple live accounts of the same type are not permitted. (i) A Tutor account is intended for any kind of teacher, trainer, coach, instructor etc. who is looking to privately teach a particular subject or skill. (ii) A student is intended to be someone looking to learn a subject or skill from a tutor or school. (iii) A school is intended to be any company, organisation, club, group etc. that provides classes of some kind.
1.8 By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Platform; and (iii) you do not already have an account of the same type registered with us.
2. Access and use of the Platform
2.1 We do not charge any fees for registering an account with us. Some aspects of the Platform are also made available free of charge, such as placing standard job posts, profiles, and browsing and searching on the Platform.
2.2 We also offer a number of additional features and functionality on the Platform that are only available to members who have paid to upgrade their account. For more details on how to upgrade your account please refer to clause 4 below.
2.3 You agree not to use the Platform or any information or material made available to you on the Platform, in any improper or unlawful manner or in breach of any rule, regulation, legislation or licence that applies to you.
2.4 Without limiting the foregoing, you agree that when using the Platform you will not:
(a) harass others or disclose personal information about others that could amount to harassment;
(b) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
(c) upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
(d) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Platform or any other computer;
(e) impersonate others or create false accounts or adverts on the Platform;
(f) promote any activity that is illegal;
(g) use software or any other means to harvest information from the Platform;
(h) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
(i) act in contravention of any policies for uploading content and/or posting adverts that we may make you aware of from time to time; or do or omit to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the Platform.
(j) You agree to comply with all reasonable instructions that we may give you regarding your use of the Platform.
(k) You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Platform.
(l) You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable to you in any way for such suspended access.
3. Posting and responding to job posts, tutor profiles and school profiles on the Platform
3.1 You need to register an account with us as either a student account or a school account in order to post a teaching job on the Platform. There are two types of job posts that can be posted on the Platform. The first is a job post that can be posted by any normal non-paying member who has registered an account with us (a "Basic Job Post"). The second type of job post, "Featured Job Post", can only be posted by members who have paid to upgrade their account. Featured Job Posts appear highlighted with a green "Featured" label on the search results pages and feature above Basic Job Posts of the same age. A user account that has been upgraded to the Featured tier can have up to 5 featured job posts simultaneously. For more on the benefits of Featured Job Posts please refer to the FAQ section.
3.2 To post a job on the Platform click on the "Post a Job" link on the homepage and follow the instructions. By posting a job on the Platform you are representing and warranting (which is a legal promise) to us that all the information you include in your job post will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
3.3 You are responsible for the content of any job or profile you post to the Platform, including any errors, omissions or inaccuracies contained in such postings. We accept no liability to you or any other person for the content of anything posted on our Platform. We advise that you check the content of your listing immediately after posting it to the Platform to ensure you are happy with it. You may edit or remove anything you have posted on the Platform at any time by logging into your account and clicking on the edit profile or edit jobs link. For more details on how to do this please refer to the How It Works section.
3.4 Once a Basic Job Post has been posted on the Platform, only users on the Early Bird plan or the Featured Plan will be able to respond to that job post for the first 14 days, commencing on the day it was first posted. After a job post has been on the Platform for 14 days or more any registered user of the Platform may respond to that job post via the Platform. Featured Job Posts can be contacted by all registered users immediately.
3.5 You agree to only apply for jobs by means of the Tutor Seek Messenger or provided Contact Methods options available on each job post. For your own security, you must not use any contact details contained within the body of a job post itself or hidden within images.
3.6 You may contact other members of the Platform via our on-site messaging system. However, please be advised we will not reveal any of our members' contact details or other personal information without the relevant members' permission. We do not routinely monitor all communications between Users via our on-site messaging system, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our terms and conditions, any illegal behaviour or any other misuse of our service, or for any other reasonable reason as determined by us from time to time. We reserve the right, in our discretion, to archive or discard communications sent via the messaging system on our Platform immediately if we feel that the message is unlawful or inappropriate.
3.7 We reserve the right to refuse to list or deactivate any job posts or profiles or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms or which we are instructed to refuse to list or deactivate by any court or law enforcement or regulatory authority. In such cases no refunds will be given. We reserve the right to request proof of your right to post adverts and/or other User Generated Content. In the event we: (a) receive any complaints about a job post, profile or user; (b) receive notice of an investigation into a job post, a profile or user by any law enforcement or regulatory authority; or (c) otherwise become aware of any violation of these Terms or any illegal behaviour conducted by a user of The Platform, we reserve the right to temporarily suspend or deactivate (with or without notice) any account in question while we investigate the matter.
3.8 We reserve the right to publish any job post or profile you post to the Platform across the Tutor Seek network of sites, as well as uploading any job posts that are posted to the Platform to other relevant portal websites from time to time, such as other third-party property search websites.
4. Upgrade Services
4.1 In addition to the free services, TutorSeek.com provides an Early Bird Plan which allow users to contact other new users who have Listings within the new user period (the first 14 days from activation). Users of the Early Bird Plan (provided they are mobile verified) can also access any user contact information listed as a Contact Method by that user.
4.2 Tutor Seek provides the following packages for Free and Upgraded Services:
(a) a Basic Plan which is free of charge and allows a user to list a profile page and/or a job post depending on their account type.
(b) an Early Bird plan which is paid and allows the user to contact anyone at any time and be contacted at any time.
(c) a Featured plan which is paid and in addition to everything the other plans provide, allows the user's listings to be pushed above other non-featured users. Featured plan users also have their listings sometimes featured on the home page and user dashboards.
4.3 All payments for access to the Early Bird plan and Featured plan are processed by Stripe. TutorSeek.com does not store credit card details.
4.4 Once a payment for is complete, you will get immediate access to the upgraded features and Tutor Seek will not refund any such payment under any circumstances including, without limitation, if Tutor Seek terminates your access to the website or the services for breaching these Terms and Conditions of Use.
4.5 Users of TutorSeek.com can switch between paid plans and the basic plans whenever they wish. If a plan is downgraded, any unused time will be added as credit to the account which can then be used next time the user wishes to upgrade. Account credit can never be transferrable for real world money. If an account is closed for any reason by Tutor Seek or by the user, any account credit is lost.
5. CONTENT
5.1 Uploading of Content
(a) As part of the services, the TutorSeek.com allows you to upload Content for viewing by other users of the TutorSeek.com as part of a Listing. Each time you upload Content to TutorSeek.com, you confirm your acceptance of, and your agreement to be bound by, all the terms and conditions set out in these Terms and Conditions of Use.
(b) Tutor Seek will not review, vet or approve, and is not responsible for reviewing, vetting or approving, the Content or any part of the Content, or any material appearing in the Content, and it is the sole responsibility of the user uploading the Content to ensure that the Content or any part of the Content, or any material appearing in the Content, complies with these Terms and Conditions of Use.
5.2 Rights to the Content
At the time you upload Content, you represent and warrant that:
(a) you are the owner of all Content and all Intellectual Property Rights in and to the Content and all material appearing in the Content, or you otherwise have the authorisation, permission or consent of the owner of, or any other relevant person to, the Content or any part of it or any material appearing in the Content;
(b) you have the authorisation, permission or consent of each person appearing in the Content for them to appear in the Content and for you to submit that Content, make the Content available on the Website and otherwise grant the rights to Tutorseek.com you grant under these Terms and Conditions of Use;
(c) the Content or any part of it, or any material appearing in the Content, does no infringe the rights, including any Intellectual Property Rights, of any third party; and
(d) the Content does not contain any material which is offensive, defamatory, discriminatory, pornographic, abusive, obscene, or otherwise illegal in any jurisdiction anywhere in the world.
5.3 No endorsement - Tutor Seek does not endorse any Content or Listing uploaded to TutorSeek.com by you or any user, or any opinion, recommendation or advice expressed in the Content or Listing.
5.4 Ownership - Tutor Seek acknowledges and agrees that no right, title and interest in and to the Content you submit to TutorSeek.com is transferred to TutorSeek.com and that it has no rights in respect of that Content except those rights granted to it under these Terms and Conditions of Use or otherwise in writing by you.
5.5 Licence At the time you upload Content, you grant to Tutor Seek a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to host, cache, store, maintain, use, reproduce, communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate or otherwise exploit all or any part of the Content on TutorSeek.com and any other Website which is associated with, connected to, or otherwise operated by TutorSeek.com including, without limitation, websites owned and/or operated by persons other than TutorSeek.com.
5.6 Take-down or modification of Content or Listing - Tutor Seek, in its sole and absolute discretion, may edit, modify, block or delete any Content or any Listing, or any comments or messages made on TutorSeek.com in respect of a Listing, if Tutor Seek determines that any of the preceding material contravenes or is likely to contravene these Terms and Conditions of Use.
5.7 Release - You forever release Tutor Seek, and its owners, directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with Tutor Seek’s exploitation of the Content or the exploitation of the Content by any of Tutor Seek or its owners, directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise.
5.8 Waiver - You hereby consent to all acts or omissions by Tutor Seek, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for Tutor Seek, or any other person authorised by Tutor Seek, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms and Conditions of Use.
5.9 Access to and use of Messages, other Content, and correspondence by Tutor Seek
(a) Tutor Seek may access, read, and permanently store any messages sent by you to another user of the Website using the Website’s messaging function, or sent to Tutor Seek using the Website’s messaging function, for the purposes of protecting the safety and security of the Website and its users. The messages sent by you may be used as the basis for removing your Content from the Website, terminating your Account, or reporting behaviour to any government law enforcement authorities.
(b) Tutor Seek may access, read, and permanently store any Content uploaded to the Website by you for the purposes of protecting the safety and security of the website and its users. The Content uploaded by you may be used as the basis for removing your Content from the Website, terminating your Account, or reporting behaviour to any government law enforcement authorities.
(c) Tutor Seek may access, read, and permanently store any correspondence made by you to Tutor Seek, including by email, post, or other messaging service, for the purposes of protecting the safety and security of the website and its users. The correspondence made by you to Tutor Seek may be used as the basis for removing your Content from the Website, terminating your Account, or reporting behaviour to any government law enforcement authorities.
6. THIRD PARTY SITES
Tutorseek.com may contain links to other websites or resources operated by parties other than Tutor Seek. References to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by Tutor Seek. Links to third party sites not operated by Tutor Seek are provided to you for your convenience and/or reference only. You acknowledge and agree that Tutor Seek does not control such sites and Tutor Seek is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that Tutor Seek shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site.
7. GENERAL
7.1 Relationship - Neither these Terms and Conditions nor use of the Website and/or the Services create any partnership, joint venture or agency relationship between Tutor Seek and users or between users. You must not enter into any agreements or incur any liabilities on behalf of Tutor Seek or any other user without that party’s prior written consent and must not represent that it has any authority to do so.
7.2 Entire Agreement - These Terms and Conditions of Use constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede all prior or contemporaneous oral or written agreements, undertakings, or representations between the parties concerning such subject matter.
7.3 Severability - If any provision of these Terms and Conditions of Use is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms and Conditions of Use. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions of Use.
