(Relating to the use of the Music Tutors 4 You website)

You must take the time to read and understand it before registering for the Music Tutors 4 You service. By registering, you accept that you are entering into a contract with us based on these Terms and Conditions. Visitors to the Music Tutors 4 You service who do not register to become a Member similarly affirm that they are bound by these Terms and Conditions each time they access the Music Tutors 4 You service. You should be aware that these Terms and Conditions may change from time to time in accordance with Clause 5.17 below.

• 1. Interpretation

  • 1.1 In these Terms and Conditions ("the Terms") the following expressions shall be given the following meanings:

    • 1.1.1 "Contract" means the period during which a Tutor performs services for the Tutee as agreed between the Tutor and the Tutee.

    • 1.1.2 "Website" means the website operated by Music Tutors 4 You.

    • 1.1.3 "Members" means Tutors and Tutees.

    • 1.1.4 "Tutee" means persons utilizing the Website with a view to entering into a formal contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's nominee.

    • 1.1.5 "Tutor" means a person suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the Tutor on the Website with a view to entering into contracts for the provision of tuition to the Tutee or the Tutee's nominee.

    • 1.1.6 "Abuse" means, but is not limited to, breach of the Terms and the use of the Website in such a way as is, in the opinion of Music Tutors 4 You, unreasonable.

    • Music Tutors 4 You will also be known as "We" and "Us".

  • 1.2 In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.

  • 1.3 All and any business undertaken by Us, a Tutor and/or a Tutee is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed in writing. No variation of these Terms shall be valid if made without the written consent of the Website .

  • 1.4 The use of the Website by a Tutor or a Tutee shall be deemed acceptance of and agreement to these Terms.

  • 1.5 These Terms supersede all previous terms of business.

• 2. Obligations of Music Tutors 4 You

  • 2.1 The Website has been established to allow Tutees to contact Tutors and to view their profiles detailing a Tutor's experience.

  • 2.2 We will take all reasonable precautions to keep the details of Tutors and Tutees secure but will not be liable for unauthorised access to the information provided by Tutors and Tutees.

• 3. Obligations of a Tutor

  • 3.1 A Tutor warrants that he is of at least eighteen years of age, has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Website.

  • 3.2 A Tutor shall indemnify Us from all claim liabilities costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected disclosed and undisclosed arising out of any use by the Tutor of the Website.

  • 3.3 A Tutor shall accept full responsibility for the prices quoted for his services on the Website.  Music Tutors 4 You endeavour to collect fees from tutees in a number of ways but collection of all fees owing to the tutor from the tutee is the responsibility of the tutor.

  • 3.4 A Tutor will not include identifying information such as telephone number e-mail address message services identifiers voIP identifiers postal address website address or name, company name, tuition agency or organisation through which the Tutor can be contacted or any other contact information on the website or in any messages sent to other Members whether through the Website or by any other means of communication. If there is a preponderance of evidence to suggest a Tutor has successfully broken term 3.4 they will be permanently removed from our system.

  • 3.5 In responding to feedback of Tutees posted on the Website a Tutor shall not be personally abusive about a Tutee or his nominee.

  • 3.6 A Tutor accepts full responsibility for all information published by him on the Website and shall indemnify Us in relation to any liability incurred by them as a result of such information.

  • 3.7 A Tutor acknowledges that he is not an employee of the Website and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated by a Contract.

  • 3.8 A Tutor undertakes to register for the Our service using accurate and current information about himself - including his correct name, address, telephone number, qualifications and any other requested details. A tutor understands details entered by the tutor on the website will be publicly visible and may appear in search engine results.

  • 3.8.1 Planning and implementing an appropriate course of study for the student assigned; Contacting and rescheduling sessions with student or student's parents/guardians;

  • 3.9 Giving a two-week termination notice.

• 4. Obligations of Tutees

  • 4.1 A Tutee acknowledges that it is his responsibility to verify the credentials expertise references CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract.

  • 4.2 A Tutee shall indemnify Us in relation to any liability arising from a Tutee's use of the Website and all matters arising from such use.

  • 4.3 A Tutee shall not include identifying information such as telephone number e-mail address message services identifiers voIP Identifiers postal address website address company names or any other contact information in messages posted by the Tutee on the Website or in messages sent to other Members. If there is a preponderance of evidence to suggest a Tutee has successfully broken term 4.3 they will be permanently removed from our system and not allowed to use our services again.

  • 4.4 A Tutee shall not use this site to promote his/her company or to seek tuition on behalf of his/her company, nor may an agency acting for a company register to promote their services or opportunities, or a school register looking to place a tutor or staff.

  • 4.5 A Tutee must not publish any defamatory or derogatory comments concerning a Tutor on the Website or in any communications with other Members whether on the Website or through any other medium.

  • 4.6 Tutees who are less than 18 years of age may have their tuition requests closed and their membership terminated unless they can demonstrate to Us that they are able to pay for any tuition arrangement they may reach with a Tutor. 

• 5 Miscellaneous

  • 5.1 The Members acknowledge that We may use data for statistical analysis and may provide this to interested third parties.

  • 5.2 Members acknowledge the right of the Website to restrict their access to the website for any period and if necessary permanently at the sole discretion of the Website and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.

  • 5.3 The Members acknowledge that We may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.

  • 5.4 No Member may use the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material.

  • 5.5 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.

  • 5.6 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.

  • 5.7 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.

  • 5.8 Members acknowledge that We are not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.

  • 5.9 Members acknowledge that We give no guarantee that the Website is free of viruses worms or any other form of harmful components.

  • 5.10 The code, brand and intellectual property of the Website cannot be reused without Music Tutors 4 You's written permission. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Website (including the material which is contributed by Members) are owned by Us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Website, or any of the material which is found on the Website unless properly licensed to do so by us. Please see our Copyright Notice, which forms part of these Terms and Conditions.

  • 5.11 By submitting any material/content to the Website service, you:

    • are representing that you are fully entitled to do so;

    • grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

    • authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

  • 5.12 We do not guarantee to secure a Tutor for a Tutee.

  • 5.13 We assume no responsibility for examination entry which is the sole responsibility of the Tutee.

  • 5.14 We accept no responsibility for any grade received by a Tutee or any consequence that examination grades entail.

  • 5.15 Non-excluded Liabilities. Nothing in these Terms and Conditions limits the Website's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

  • 5.16 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the Website service.

  • 5.17 All Members acknowledge the right of the Website at their discretion to vary the features of the Website and the Terms of use at anytime. We reserve the right to change these Terms and Conditions with its Members from time to time and post the new version on the Website service. When we do so, we notify Members of the fact that there are changed terms in the News section. These Terms and Conditions and any new version of it in the future, takes effect immediately.

  • 5.18 If a tutor or tutee is asked for, and provides, details of a credit, debit or charge card, he must ensure that he is fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.

  • 5.19 As part of the registration process for the Website service, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions which you must follow.

  • 5.20 Privacy policy. The Website 's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Website service (including any which contain personal information) is, of course, accessible to internet users around the world.

  • 5.21 The Website 's Role. You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Website service or outside of it. We only provide a venue where the Website Service may be accessed. In particular, you should be aware that the Website does not generally pre-screen or monitor the material contributed by Members.

  • 5.22 Operation of The Website services. We reserve the right to withdraw or modify aspects of the Website service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Website becomes inaccessible as a result of technical difficulties experienced by The Website or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.

  • 5.23 Misuse of the Website . We reserve the right (a) to suspend or terminate any Member's access to the Website , or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Website service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of these Terms and Conditions. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Website without our prior consent. You are responsible for everything which is done on or through the Website  while your Membership account is logged on to the Website service, or through your e-mail address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Website , or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member or our staff and directors, whether or not through the Website service. For completeness, where we reserve a right in these Terms and Conditions, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Website service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.

  • 5.24 Alerting the Website . If you see anything on the Website which appears to infringe these Terms and Conditions, then please contact us to inform us of it. We do not generally monitor material contributed by Members before it is placed on the Website service and so we are reliant upon users to point out any which infringes these Terms and Conditions.

  • 5.25 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Website service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Website service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Website service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach these Terms and Conditions, using the notification techniques which are made available on the Website.

  • 5.26 Disclaimer and Release. We have have no control over or responsibility for the truth or accuracy of any material available on the Website, whether provided by Members or others.

    • If any third party sites are linked to the Website service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

    • You should exercise no lesser degree of caution in appraising what you see on the Website service than you do offline.

    • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

    • Your use of the Website service is entirely at your own risk. Accordingly, to the extent that the law permits, you release Us, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Website service and the material included here by Members and other third parties.

  • 5.27 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Website service or prior to any fees being taken.

  • 5.28 Entire Terms and Conditions. These Terms and Conditions include our privacy policy, website disclaimer and copyright notice. Together they contain the whole of the agreement between us and you concerning the Website service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.

  • 5.29 Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.

  • 5.30 These Terms will be subject to English Law and the jurisdiction of English Courts.