Terms and Conditions

Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Platform and Services shall be governed by these Terms and Conditions, and the Provider requires the Customer's acceptance of these Terms and Conditions before any such services shall be provided. These Terms and Conditions include the General Policy, Use Policy, Student Policy, Tutor Policy and Privacy and Cookie Policy. Unless otherwise stated, the definitions listed in the General Policy apply to all policies of these Terms and Conditions.


General Policy

1.    Definitions

1.1    Except to the extent expressly provided otherwise, in these Terms and Conditions:

"Account" means a personalised account on the Platform which enables a Customer to access and use the Services, including Student accounts, Tutor accounts and Agency accounts;

Agency” means 121 Home Tutors, trading as Online Home Tutors;

"Agreement" means a contract made under these Terms and Conditions between the Provider and the Customer;

"Business Day" means any weekday other than a bank or public holiday in England;

"Business Hours" means the hours of 09:00 to 18:00 GMT/BST on a Business Day;

"Customer" means the person or entity identified as such on the Platform Account, including a Student, Tutor or Agency;

"Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Platform by the Customer (but excluding analytics data relating to the use of the Platform and server log files);

"Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to the Agreement;

"Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable, the General Data Protection Regulation (Regulation (EU) 2016/679);

"Effective Date" means the date upon which the Customer completes and submits the online Services Registration published by the Provider on the Platform;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party and changes to the law);

Help Centre" means the help documentation and support messaging system for the Platform, produced by the Provider and made available to the Customer via their Account;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or not registrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);

Lesson” means a tutoring session delivered by a Tutor and received by a Student. This may occur online inside the Tutor Room or offline (in person).

"Personal Data" has the meaning given to it in the Data Protection Laws applicable in the United Kingdom;

"Platform" means the Tutor Office (https://tutoroffice.co.uk) and Tutor Wallet (https://tutorwallet.co.uk) websites, which will be made available by the Provider to each Customer in accordance with these Terms and Conditions, for use in providing Services. The Tutor Office website may also be made available to Customers via an alternative host mapped domain.

"Provider" means Tutexa Ltd (https://tutexa.com), a company incorporated in England and Wales (registration number 11603406) having its registered office at Tutexa Ltd, 4 Mowbray Road, South Shields, NE33 3AU, United Kingdom;

"Services" means the services provided to the Customer via the Platform for use in tutoring and tutoring support;

"Services Registration" means the online registration form published by the Provider and completed and submitted by the Customer incorporating these Terms and Conditions by reference;

"Student" means a registered user seeking or receiving tutoring from a Tutor. For individuals under the age of 18 years old this includes their legal Guardian;

"Support" means support services provided by the Provider to the Customer in relation to the use of, and the identification and resolution of errors in, the Platform, but shall not include the provision of training services;

"Web Browser" means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees, via the Help Centre, shall be supported;

"Term" means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;

"Terms and Conditions" means all the documentation containing the provisions of the Agreement, namely the main body of these Terms and Conditions, Use Policy, Student Policy, Tutor Policy and Privacy and Cookie Policy and including any amendments to that documentation from time to time;

Top up" means the addition of credit to a Students Tutor Wallet using a debit or credit card;

Tutor" means a registered individual offering or providing tutoring to Students;

Tutor Room" means the Platform’s online classroom which includes video, audio and presentation streams; and

Tutor Wallet" means the Platform’s payment system (https://tutorwallet.co.uk), which is owned and operated by Tutexa Ltd.


2.    Term

2.1    The Agreement shall come into force upon the Effective Date.

2.2    The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 13.

2.3    Unless the parties expressly agree otherwise in writing, each Services Registration shall create a distinct contract under these Terms and Conditions.


3.    Platform

3.1    The Provider hereby grants to the Customer a non-exclusive licence to use the Platform by means of a Web Browser for the purposes of using the Services.

3.2    The licence granted by the Provider to the Customer under Clause 3.1 is subject to the following limitations:

(a)    The Platform may only be used by:

(i)    Students over the age of 18 years;

(ii)    Students under the age of 18 years with permission from a legal Guardian;

(iii)    Tutors over the age of 18 years; or

(iv)    tutoring agencies with explicit written permission from the Provider.

(b)    Platform Accounts may only be used by those individuals or institutions named on the Account and those names must be real and accurate; and

(c)    The Platform may only be used for tutoring and tutoring support services.

3.3    Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the licence granted by the Provider to the Customer under Clause 3.1 is subject to the prohibitions that the Customer must not:

(a)    sub-license its right to access and use the Platform;

(b)    permit any unauthorised person or entity to access their Account;

(c)    make any alteration to the Platform, except as permitted in the Help Centre; and

(d)    conduct or request that any other person or entity conduct any load testing or penetration testing on the Platform.

3.4    The Customer shall use reasonable endeavours, including reasonable security measures relating to Account access details, to ensure that no unauthorised person may gain access to the Platform using their Account.

3.5    The Provider shall use reasonable endeavours to maintain the availability of the Platform to the Customer at the gateway between the public internet and the network of the hosting services provider for the Platform, but does not guarantee 100% availability.

3.6    The Customer must comply with the Use Policy, and must ensure that all use of the Platform complies with the Use Policy.

3.7    The Customer must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform.

3.8    The Customer must not use the Platform:

(a)    in any way that is unlawful, illegal, fraudulent or harmful; or

(b)    in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

3.9    For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.

3.10    The Provider may suspend the provision of the Platform if any amount due to be paid by the Customer to the Provider under the Agreement is overdue.

3.11    The Platform Services may allow Students to:

(a)    contact Tutors to arrange Lessons;

(b)    attend online Lessons in a Tutor Room; and

(c)    use their Tutor Wallet to pay for Lessons.

3.12    The Platform Services may allow Tutors to:

(a)    create a profile to advertise their tutoring services;

(b)    communicate with Students to arrange Lessons;

(c)    use a Tutor Room to conduct online Lessons with Students; and

(d)    use their Tutor Wallet to receive payments for Lessons.


4.    Customer Data

4.1    The Customer hereby grants to the Provider a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under the Agreement. The Customer also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in the Agreement.

4.2    The Customer warrants to the Provider that the Customer Data when used by the Provider in accordance with the Agreement will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.


5.    Support

5.1    The Provider shall provide Support to the Customer during the Term and such services shall be subject to this Clause 5.

5.2    The Provider shall make available to the Customer a Help Centre, accessible via the Customers Account.

5.3    The Provider shall provide Support with reasonable skill and care.

5.4    The Customer may use the Help Centre for the purposes of requesting and, where applicable, receiving Support; and the Customer must not use the Help Centre for any other purpose.

5.5    The Provider shall respond promptly to requests for Support made by the Customer through the Help Centre.


6.    No assignment of Intellectual Property Rights

6.1    Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or from the Customer to the Provider.


7.    Fees

7.1    The Customer shall pay any applicable Fees to the Provider in accordance with these Terms and Conditions.

7.2    All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes (VAT).

7.3    The Provider may elect to vary any element of the Fees by giving to the Customer not less than 30 days' written notice of the variation.

7.4    If the Customer does not pay any applicable Fees due to the Provider under these Terms and Conditions, the Provider may:

(a)    charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or

(b)    claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.


8.    Data protection

8.1    The Provider shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.

8.2    The Customer warrants to the Provider that it has the legal right to disclose all Personal Data that it does in fact disclose to the Provider under or in connection with the Agreement.

8.3    The Customer shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to the Agreement, the Personal Data specified in the Privacy Policy; and the Provider shall only process the Customer Personal Data for the purposes specified in the Privacy Policy.

8.4    The Provider shall ensure that persons and organisations authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

8.5    If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under the Agreement, then the parties shall use their best endeavours promptly to agree such variations to the Agreement as may be necessary to remedy such non-compliance.

8.6    The Customer warrants to the Provider that any Personal Data of another user made available to them via their Account, will not be removed or copied from the Platform.


9.    Warranties

9.1    The Customer warrants to the Provider that it has the legal right and authority to enter into the Agreement and to perform its obligations under these Terms and Conditions.

9.2    All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.

9.3    The Customer warrants to the Provider that it has the legal right to use the Platform and Services in their country of residence.


10.    Acknowledgements and warranty limitations

10.1    The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Platform will be wholly free from defects, errors and bugs.

10.2    The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms and Conditions, the Provider gives no warranty or representation that the Platform will be entirely secure.

10.3    The Customer acknowledges that the Platform is designed to be compatible only with that software and those systems specified as compatible in the Help Centre; and the Provider does not warrant or represent that the Platform will be compatible with any other software or systems.

10.4    The Customer acknowledges that the Provider will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Platform; and, except to the extent expressly provided otherwise in these Terms and Conditions, the Provider does not warrant or represent that the Platform or the use of the Platform by the Customer will not give rise to any legal liability on the part of the Customer or any other person.

10.5    The Customer acknowledges that the Provider is not a tutoring agency, does not act as an agent for any Customer and does not provide any tutoring. The Provider provides software and services for use by Students, Tutors and the Agency.


11.    Limitations and exclusions of liability

11.1    Nothing in these Terms and Conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

11.2    The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these Terms and Conditions: 

(a)    are subject to Clause 11.1; and

(b)    govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

11.3    The Provider will not be liable to the Customer in respect of any:

(a)    losses arising out of a Force Majeure Event;

(b)    loss of profits or anticipated savings;

(c)    loss of revenue or income;

(d)    loss of business, contracts or opportunities;

(e)    loss or corruption of any data, database or software;

(f)    special, indirect or consequential loss or damage; or

(g)    examination grades, assignment results or achievement of any other accreditation or goal.


12.    Force Majeure Event

12.1    If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.


13.    Termination

13.1    Either party may terminate the Agreement by giving to the other party at least 30 days written notice of termination.

13.2    Either party may terminate the Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

13.3    The Provider may terminate the Agreement without notice if the Customer has not logged into their Account for a period of more than 2 years.

13.4     For Agreements between the Provider and a Student or Tutor, the Provider may terminate the Agreement immediately if:

(a)    that other party dies;

(b)    as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(c)    that other party is the subject of a bankruptcy petition or order.


14.    Effects of termination

14.1    Upon the termination of the Agreement, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.9, 8.1, 11, 14, 17 and 18.

14.2    Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Agreement shall not affect the accrued rights of either party.

14.3    Within 30 days following the termination of the Agreement for any reason:

(a)    the Customer must pay to the Provider any Fees which were owed before the termination of the Agreement; and

(b)    the Provider must pay to the Customer any Earnings which were owed before the termination of the Agreement,

without prejudice to the parties' other legal rights.


15.    Notices

15.1    Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods: 

(a)    sent using the Platform messaging systems, in which case the notice shall be deemed to be received upon being sent; or

(b)    sent by email to the email address specified on the Customers Account or to the email address specified in the Providers Help Centre, in which case the notice shall be deemed to be received upon receipt of the email by the recipient's email server,

providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.


16.    Subcontracting

16.1    Subject to any express restrictions elsewhere in these Terms and Conditions, the Provider may subcontract any of its obligations under the Agreement, providing that the Provider must make available to the Customer, promptly following the appointment of a subcontractor, details of the subcontracted obligations and the subcontractor in question.


17.    General

17.1    No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.

17.2    If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

17.3    The Provider may make changes to the Agreement from time to time but must take reasonable steps to bring any material changes to the attention of the Customer. If the Customer does not agree to any changes made they have the right to terminate the Agreement.

17.4    The Customer hereby agrees that the Provider may assign the Provider's contractual rights and obligations under the Agreement to any successor to all or a substantial part of the business of the Provider from time to time providing that such action does not serve to reduce the guarantees benefiting the Customer under the Agreement. The Customer must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer's contractual rights or obligations under the Agreement.

17.5    The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.

17.6    Subject to Clause 11.1, a Services Registration, together with these Terms and Conditions and Policies, shall constitute the entire agreement between the parties in relation to the subject matter of that Services Registration, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter. 

17.7    The Agreement shall be governed by and construed in accordance with English law.

17.8    The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.


18.    Interpretation

18.1    In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to: 

(a)    that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b)    any subordinate legislation made under that statute or statutory provision.

18.2    The Clause headings do not affect the interpretation of these Terms and Conditions.

18.3    In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.


Use Policy

1.    Introduction

1.1    This Use Policy sets out the rules governing:

(a)    the use of the Platform and Services; and

(b)    the creation, use, transmission, storage and processing of Content by you, or by any person on your behalf, using the Platform.

1.2    References in this Policy to "you" are to any Customer of the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Provider, Tutexa Ltd (and "we" and "our" should be construed accordingly).

1.3    By using the Platform and Services, you agree to the rules set out in this Policy.

1.4    We will ask for your express agreement to the terms of this Policy before you create or upload any Content or otherwise use the Platform or Services.

1.5    You must be at least 18 years of age to create an Account via the Services Registration, and in doing so you warrant and represent to us that you are at least 18 years of age.

1.6    You warrant to us that you do not appear on the Children or Adult DBS Barred Lists.


2.    General usage rules

2.1    You must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform.

2.2    You must not use the Platform:

(a)    in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or

(b)    in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

2.3    You must ensure that all Content you create or upload complies with the provisions of this Policy.

2.4    You must ensure that your computer systems and internet connection meet all the relevant technical specifications necessary to use the Platform and Services, as detailed in the Help Centre.

2.5    You must notify us immediately if you become aware of any unauthorised use of your Account.


3.    Unlawful Content

3.1    Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3.2    Content and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    constitute a breach of racial or religious hatred or discrimination legislation;

(i)    constitute a breach of official secrets legislation; or

(j)    constitute a breach of any contractual obligation owed to any person or entity.

3.3    You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.


4.    Graphic material

4.1    Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children.

4.2    Content must not depict violence in an explicit, graphic or gratuitous manner.

4.3    Content must not be pornographic or sexually explicit.


5.    Factual accuracy

5.1    Content must not be untrue, false, inaccurate or misleading.

5.2    Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.


6.    Negligent advice

6.1    Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Platform to provide any legal, financial, investment, taxation, accountancy, medical or other regulated advisory services.

6.2    Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.


7.    Etiquette

7.1    Your conduct and Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet and in the tutoring and teaching industries.

7.2    You must at all times:

(a)    be courteous and polite to other users of the Platform; and

(b)    reply to personal messages in a timely manner.

7.3    Your conduct and Content must not:

(a)    be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory;

(b)    cause annoyance, inconvenience or needless anxiety;

(c)    deliberately upset or offend others;

(d)    be hostile or insulting;

(e)    flood the Platform with Content, whether alone or in conjunction with others; or

(f)    copy Content available elsewhere on the Platform.

7.4    You must not use the Platform to contact an excessive number of users or send an excessive number of messages.


8.    Marketing and spam

8.1    You must not, without our explicit written permission, use the Platform for any purpose relating to marketing, advertising, promotion, sale or supply of any product, service or commercial offering, other than those outlined in the Platform Terms and Conditions.

8.2    Content must not constitute or contain spam, and you must not use the Platform to store or transmit spam, which for these purposes shall include all unlawful marketing communications and unsolicited communications.

8.3    You must not send spam to any person using the Platform.

8.4    You must not use the Platform to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes or similar letters, schemes or programs.

8.5    You must not use the Platform in any way which is liable to result in the blacklisting of any IP addresses being used by the Platform.


9.    Regulated businesses

9.1    You must not use the Platform for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

9.2    You must not use the Platform for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.

9.3    You must not use the Platform for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.


10.    Safeguarding

10.1    You must not share or obtain any contact details via the Platform, including via the messaging system and Tutor Room. This includes but is not limited to email addresses, telephone numbers, message service identifiers, VoIP identifiers, websites, online whiteboards, online collaboration tools, file sharing services, tutoring agencies, organisations or any other software or devices that allow communication.

10.2    You acknowledge that we may actively monitor the use of the Platform and its Content.

10.3    You acknowledge that all communications which occur via the Tutor Room may be recorded for safeguarding, and that these recordings may include audio and video streams as well a presentation stream. You agree that these recordings may be stored privately on secure servers and in the unlikely event of a dispute or safeguarding issue they may be accessed by the Provider in order to resolve the dispute and protect the parties involved.


11.    Data mining

11.1    You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, via or in relation to the Platform.


12.    Hyperlinks

12.1    You must not link to any material using or by means of the Platform that would, if it were made available through the Platform, breach the provisions of the Terms and Conditions.


13.    Harmful software

13.1    Content must not contain or consist of, and you must not promote, distribute or execute by means of the Platform, any:

(a)    viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies; or

(b)    software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.


Student Policy

1.    Introduction

1.1    This Student Policy sets out the additional rules governing Student Accounts and the use of the Platform and Services as a Student.

1.2    Students must be over 18 years of age to register a Student Account. Any Student under 18 years of age wishing to use the Platform must arrange for a parent or legal Guardian to register a Student Account on their behalf and that parent or legal Guardian shall be included in the term “Student” for the purposes of this Policy.

1.3    References in this Policy to "you" are to any Student using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Provider, Tutexa Ltd (and "we" and "our" should be construed accordingly).


2.    Lessons

2.1    All Lessons and tutoring services should be arranged directly with a Tutor via the Platform messaging system, or inside the Tutor Room.

2.2    Any Lesson arrangements you make with a Tutor are your responsibility to fulfil. If you need to cancel or rearrange a Lesson you must contact the Tutor via the messaging system as soon as possible.

2.3    All online Lessons must be conducted on the Platform using the Tutor Room.

2.4    All Lessons and tutoring services are billed on a pay-as-you-go basis. Both you and the Tutor are free to cancel any tutoring arrangement at any time and have no obligation or commitment to any further Lessons or tutoring services.

2.5    Tutors may offer a Free Trial Lesson at their discretion, but they have no obligation to do so, as detailed in the Help Centre.


3.    Tutor Wallet

3.1    You agree that all payments to Tutors will be made using your Tutor Wallet and that you will not pass any payment to a Tutor using any other methods. If a Tutor requests that you pay them without using your Tutor Wallet you must not do so and you must inform Tutor Wallet as soon as possible.

3.2    You can add credit to your Tutor Wallet anytime using a debit or credit card. Tutor Wallet (Tutexa Ltd) is responsible for this payment, for the credit in your Tutor Wallet and for payments to tutors for all online lessons in the Tutor Room.

3.3    You agree to always have sufficient credit in your Tutor Wallet to cover the cost of any tutoring you receive, and if this is not the case, you agree to add credit to your Tutor Wallet as soon as possible to cover all costs you have incurred.

3.4    You can request that any outstanding credit in your Tutor Wallet be refunded to your original payment method by contacting Tutor Wallet, via the Help Centre. After 6 months from the date of Top up, credit is no longer eligible for refund but can still be used to pay for Lessons and tutoring services on the Platform.

3.5    Credit in your Tutor Wallet does not expire. However, if your Platform Account is closed your associated Tutor Wallet will also be closed and any outstanding credit will be lost.

3.6    You agree that, for a Tutor introduced to you via the Platform, for a period of 6 month following your most recent contact with that Tutor, you will only pay the Tutor using your Tutor Wallet.


4.    Lesson Billing

4.1    You agree to Top up your Tutor Wallet in advance of all arranged Lessons with sufficient credit to cover the cost of the Lesson.

4.2    For online Lessons in the Tutor Room, the cost is calculated after the Lesson on a pro-rata basis using the Lesson duration and the Tutors hourly rate, as detailed in the Help Centre.

4.3    By entering a Tutor Room you agree to pay the Tutors hourly rate (on a pro-rata basis) as shown in ‘My Tutors’ on your Account.

4.4    For online Lessons, billing will occur automatically after the lesson ends and payment will be made to the Tutor using the credit in your Tutor Wallet.

4.5    If the automatic billing for any Lesson is incorrect it may be adjusted and corrected manually, as detailed in the Help Centre.

4.6    If you miss an arranged Lesson or make a late cancellation then the Tutor may request you make a Missed Lesson Payment. You have no obligation to make a Missed Lesson Payment but declining may cause the Tutor to end the tutoring arrangement, as detailed in the Help Centre.

4.7    You are only obligated to pay for a Lesson if you attend the Lesson, and if you attend you are only obligated to pay for the duration you attended, as detailed in the Help Centre.


5.    Billing Disputes

5.1    If there is a dispute between you and a Tutor regarding the billing of a Lesson you must report this to Tutor Wallet as soon as possible, via the Help Centre.

5.2    Tutor Wallet will act as a moderator to resolve any billing dispute and decide if any billing changes will be made. Tutor Wallet may contact the Agency to request additional information to aid in resolving the dispute. 

5.3    The decision made by Tutor Wallet on billing dispute matters is final and you accept that Tutor Wallet has the right to change the billing for any Lessons you have received, provided we have reasonable grounds to do so and give a full explanation.

5.4    If the billing for a lesson is reduced then credit will be returned to your Tutor Wallet. If the billing for a lesson is increased then credit will be deducted from your Tutor Wallet.


6.    General

6.1    You must not exchange any contact details with Tutors via the Platform, including via the messaging system and Tutor Room.

6.2    You must inform the Provider and Agency immediately if at any point you have any safeguarding concerns.

6.3    You may be required to submit and confirm information in relation to yourself and the tutoring arrangements you have made with a Tutor. You agree to supply such information if required.

6.4    You acknowledge that the Agency under which you register will have access to the Personal Data stored on your Platform Account.

6.5    If you are unhappy or dissatisfied with a Lesson or Tutor you must report this as soon as possible to the Agency, as detailed in the Help Centre. If the situation may also require credit to be returned to your Tutor Wallet, then you must also inform Tutor Wallet via the Help Centre.

6.6    You acknowledge that the Provider is not a tutoring Agency and does not act as an agent for any Tutor. The Provider provides the Platform software (Tutor Office and Tutor Wallet) for use by Students, Tutors and the Agency for use in tutoring and tutoring support services.

6.7    You acknowledge that all Tutors work on a self-employed basis and they are solely responsible for their own actions, both on and off the Platform.


7.    Tutor Profiles

7.1    Whilst we require that all Tutor profiles be accurate and representative, we do not guarantee this and as the Platform software Provider we do not check Tutor profile credentials. For this reason, we cannot guarantee any information submitted by Tutors and we shall not be responsible for any false representation or incorrect information, nor do we guarantee that a Tutor is suitably qualified or experienced to provide the services they offer.

7.2    However, all Tutor profiles are managed by the Agency who impose a specific criteria for approval and inclusion in the Agency. You should therefore refer to the Agency’s profile or contact them for details of the specific guarantees that the Agency offers regarding Tutor profiles and Tutor credentials.


8.    Account Closure

8.1    Your Platform Account may be closed if you:

(a)    fail to reply to messages;

(b)    fail to attend arranged Lessons;

(c)    repeatedly cause billing disputes with Tutors;

(d)    contact an excessive number of Tutors or send an excessive number of messages;

(e)    exchange contact details with a Tutor via the messaging system or the Tutor Room;

(f)    pay a Tutor without using Tutor Wallet;

(g)    do not log in to your Account for more than 2 years.

(h)    request it by contacting us via the Help Centre; or

(i)    breach the Agreement.


Tutor Policy

1.    Introduction

1.1    This Tutor Policy sets out the additional rules governing Tutor Accounts and the use of the Platform and Services as a Tutor.

1.2    If Students are under 18 years of age their Account will have been registered by a parent or legal Guardian and that parent or legal Guardian shall be included in the term “Student” for the purposes of this Policy.

1.3    References in this Policy to "you" are to any Tutor using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Provider, Tutexa Ltd (and "we" and "our" should be construed accordingly).


2.    Tutor Requirements

2.1    In order to register a Tutor Account, you must:

(a)    be over 18 years of age;

(b)    be legally entitled to work in the UK;

(c)    be an individual wishing to work as a Tutor on a self-employed basis;

(d)    have a bank account in the UK or within the European Economic Area (EEA);

(e)    use your real name and personal details;

(f)    not represent a company or organisation;

(g)    not be VAT registered; and

(h)    not appear on the Children or Adult DBS Barred Lists.

2.2    Upon request you must be able to prove:

(a)    your identity by providing a copy of your passport or driving licence;

(b)    any qualifications listed on your profile; and

(c)    any DBS status shown on your profile.

2.3    Your profile details must be accurate and representative.

2.4    You must have the necessary qualifications and experience to provide Lessons in the subjects and levels you offer on your profile.

2.5    You are not permitted to have more than one Tutor Account with the Agency.


3.    Profile Approval

3.1    Before you can start using the Platform Services your profile requires approval by the Agency.

3.2    In order to approve your profile, the Agency may require you to submit certain documentation which may include: proof of identification; proof of address; qualification certificates; DBS certificates; references and other relevant documents. You should refer to the Agency’s profile or contact them for details of the exact documentation they require for profile approval. Any verification documents you provide must be sent via the Platform messaging system. 

3.3    In order to approve your profile, the Agency may edit it to ensure it conforms to Agency requirements. This may include: corrections to spelling, grammar, layout or formatting; changes to sentence structure or wording; removal of irrelevant or prohibited data; cropping or rotating of a photo; and addition or deletion of profile search tags. However, upon making any significant changes the Agency will inform you by sending you a message so you can review the changes to ensure they are accurate and representative.

3.4    In order to approve your profile, the Agency may require you to attend an interview, either online or offline. You should refer to the Agency’s profile or contact them for details of the exact requirements for profile approval.

3.5    The Agency has the right to decline to approve your Tutor profile. When assessing your suitability as a Tutor the Agency may consider a range of criteria including but not limited to your: qualifications; experience; availability; hourly rate; subjects and levels offered; profile detail and style; English language fluency; computer specification; internet connection; provided documentation; geographic location; and interview.

3.6    Once approved, your Tutor profile will be visible to other logged in users on the Platform. Depending upon the Agency requirements, it may also be visible to guests who are not logged in and may therefore also be indexed by Google and other search engines. If you do not wish your profile to appear in search engine results, you can request this by contacting the Agency.


4.    Lessons

4.1    All Lessons and tutoring services should be arranged directly with Students via the Platform messaging system, or inside the Tutor Room.

4.2    Any Lesson arrangements you make with a Student are your responsibility to fulfil. If you need to cancel or rearrange a Lesson you must contact the Student via the messaging system as soon as possible.

4.3    All online Lessons must be conducted on the Platform using the Tutor Room.

4.4    You may offer Students a Free Trial Lesson at your discretion, but you have no obligation to do so, as detailed in the Help Centre.


5.    Lesson Billing

5.1    For online Lessons in the Tutor Room, the billing occurs automatically after the lesson and is calculated on a pro-rata basis using the Lesson duration and your hourly rate, as detailed in the Help Centre.

5.2    If the automatic billing for any Lesson is incorrect it may be adjusted and corrected manually, as detailed in the Help Centre.

5.3    When a student enters your Tutor Room the credit in their Tutor Wallet will be shown. It is your responsibility to ensure the Student has enough credit to cover the cost of the Lesson before you start teaching. The amount of credit in the Students Tutor Wallet represents the maximum billing amount for that Lesson, regardless of the Lesson duration, as detailed in the Help Centre.

5.4    If a Student misses an arranged Lesson or makes a late cancellation you may request they make a Missed Lesson Payment. The Student has no obligation to make a Missed Lesson Payment but if they decline you have the right to end the tutoring arrangement, as detailed in the Help Centre.

5.5    All Lessons and tutoring services are billed on a pay-as-you-go basis. You and the Student are free to cancel any tutoring arrangement any at any time and have no obligation or commitment to any further Lessons or tutoring services.

5.6    You agree that, for a Student introduced to you via the Platform, for a period of 6 month following your most recent contact with that Student, you will only receive payment from that Student via your Tutor Wallet.


6.    Billing Disputes

6.1    If there is a dispute between you and a Student regarding the billing of a Lesson you must report this to Tutor Wallet as soon as possible, via the Help Centre.

6.2    Tutor Wallet will then act as a moderator to resolve any billing dispute and decide if any billing changes will be made. Tutor Wallet may contact the Agency to request additional information to aid in resolving the dispute.

6.3    The decision made by Tutor Wallet on these matters is final and you accept that Tutor Wallet has the right to change the billing for any Lessons you have conducted, provided we have reasonable grounds to do so and give a full explanation.

6.4    If the billing for a lesson is reduced then credit will be deducted from your Tutor Wallet. If the billing for a lesson is increased then credit will be added to your Tutor Wallet.

6.5    If a Student asserts that you were unable to provide satisfactory tutoring during a Lesson, the billing for the Lesson may be reduced or cancelled entirely. These situations will be carefully moderated by Tutor Wallet and you will be given the opportunity to express your opinions before a final decision is made.


7.    Earnings

7.1    For all tutoring arranged via the platform, you agree that all Student payments will be made into your Tutor Wallet and you will not receive payment using any other method. If a Student requests to pay you without using your Tutor Wallet you must not allow this and you must inform Tutor Wallet as soon as possible.

7.2    Credit in your Tutor Wallet will automatically be transferred to your nominated bank account on a weekly basis, after deduction of the Tutor Fee.

7.3    The Tutor Fee is a fixed percentage of the credit you receive into your Tutor Wallet (the percentage is shown on your Platform Account). The Tutor Fee is composed of an Agency Fee (which is paid to the Agency) and a Platform Fee (which is paid to the Provider).

7.4    You agree to pay the Tutor Fee. The Tutor Fee percentage may be changed at any time, but you will be given at least 30 days written notice before any increases are applied to your Account.

7.5    Before Tutor Wallet credit can be transferred to your bank account, you must confirm your identity by submitting a copy of your passport or driving licence to Tutor Wallet.


8.    General

8.1    You may be required to submit and confirm information in relation to yourself and the tutoring arrangements you have made with a Student. You agree to supply such information if required.

8.2    You acknowledge that the Agency, under which you register, will have access to the Personal Data stored on your Platform Account, in order to approve and manage your profile and provide you with their services.

8.3    You must not complete homework, coursework or any other assignment on behalf of a Student.

8.4    If you are unhappy with or concerned about a Student you must report this as soon as possible to the Agency, as detailed in the Help Centre.

8.5    You acknowledge that Students are entitled to submit feedback in relation to your Lessons and tutoring services. If you are unhappy with any feedback you receive you should contact the Agency and they will make a decision regarding whether the feedback is shown in your profile.

8.6    You acknowledge that Tutors may be ranked in Platform searches on the basis of a range of criteria which includes your profile and your activity on the Platform.

8.7    You acknowledge the Provider is not a tutoring agency and does not act as an agent for any Tutor. The Provider provides the Platform software (Tutor Office and Tutor Wallet) for use by Students, Tutors and the Agency for use in tutoring and tutoring support services.

8.8    You acknowledge that as a Tutor you work on a self-employed basis and are solely responsible for your own actions, both on and off the Platform.

8.9    You acknowledge that you are responsible for all Income Tax, National Insurance and any other responsibilities arising from earnings you receive through the Platform.


9.    Safeguarding

9.1    You must not exchange any contact details with Students via the Platform, including via the messaging system and Tutor Room.

9.2    You must inform the Provider and Agency immediately if at any point you have any safeguarding concerns.

9.3    You must take every precaution to ensure that you work in a safe environment and are responsible for taking out and maintaining your own insurance policies to cover the tutoring you undertake.

9.4    You must disclose any criminal convictions or cautions you have to the Provider and Agency when registering an Account. You must also disclose any criminal convictions or cautions you receive at any time for as long as your Account remains registered.


10.    Account Closure

10.1    Your Platform Account may be closed if you:

(a)    fail to reply to messages;

(b)    fail to attend arranged Lessons;

(c)    receive complaints or negative feedback from Students;

(d)    repeatedly cause billing disputes with Students;

(e)    send an excessive number of messages;

(f)    exchange contact details with a Student via the messaging system or the Tutor Room;

(g)    receive payment from a Student without using Tutor Wallet;

(h)    do not log in to your Account for more than 2 years;

(i)    request it by contacting us via the Help Centre; or

(j)    breach the Agreement.


Privacy & Cookie Policy

1.    Introduction

1.1    We are committed to safeguarding the privacy of users of the Platform and Services.

1.2    This policy applies where we are acting as a data controller with respect to the Personal Data of the Platform visitors and users; in other words, where we determine the purposes and means of the processing of that Personal Data.

1.3    We use cookies on the Platform. Insofar as those cookies are not strictly necessary for the provision of the Platform and Services, we may ask you to consent to our use of cookies when you first visit the Platform.

1.4    In this policy, "we", "us" and "our" refer to Tutexa Ltd, also trading as Tutor Wallet and Tutor Office.


2.    How we use your Personal Data

2.1    In this Section 2 we have set out:

(a)    the general categories of Personal Data that we may process;

(b)    in the case of Personal Data that we did not obtain directly from you, the source of that data;

(c)    the purposes for which we may process Personal Data; and

(d)    the legal bases of the processing.

2.2    We may process data about your use of the Platform and Services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and Platform navigation paths, as well as information about the timing, frequency and pattern of your Service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the Platform and Services. The legal basis for this processing is our legitimate interests, namely monitoring and improving the Platform and Services.

2.3    We may process your Account data ("account data”), which you have provided. The Account data may include your name, date of birth, country of residence, address, email, phone number, and bank account details. The account data may be processed for the purposes of operating and securing the Platform, providing the Services, and communicating with you. The legal basis for this processing is: the performance of a contract between you and us or taking steps, at your request, to enter into such a contract; legitimate interests, namely the proper administration of the Platform and business; and legitimate interests, namely the safeguarding our users.

2.4    For Tutors, we may process your Tutor profile data ("profile data”), which you have provided. The profile data may include your photo, qualifications, accreditations, verifications, tutoring and teaching experience, availability, and the tutoring you offer. The profile data may be processed for the purposes of allowing you to use the Services. The legal basis for this processing is the performance of a contract between you and us or taking steps, at your request, to enter into such a contract.

2.5    For Tutors, we may process your verification documents ("verification data”), which you have provided. The verification data may include proof of identification, proof of address, qualification certificates, DBS certificates, references and other documents relevant to verifying your profile. The verification data may be processed for the purposes of verifying your tutor credentials and to comply with money laundering regulations. The legal basis for this processing is: the performance of a contract between you and us; legitimate interests, namely the proper administration of the Platform and business; and to meet our legal obligations.

2.6    We may process the Personal Data you generate in the course of using of our Services ("service data"). The service data may include your Lesson history and transaction history. The service data may be processed for the purposes of operating the Platform and providing the Services. The legal basis for this processing is: the performance of a contract between you and us; legitimate interests, namely the proper administration of the Platform and business; and to meet our legal obligations.

2.7    We may process the information contained in the messages that you send and receive ("message data"). The message data may include the message content, any file attachments and any associated metadata. The Platform will generate metadata associated with messages sent or received via the Platform. The message data may be processed to allow you to use the Services and to allow us to provide safeguarding and quality control. The legal basis for this processing is the performance of a contract between you and us and legitimate interests, namely the safeguarding of our users.

2.8    We may process the information contained in reviews submitted by Students ("review data"). The review data may include a star rating and a written review. The review data may be processed to allow you to use the Services and to allow for quality control. The legal basis for this processing is the performance of a contract between you and us and legitimate interests, namely the quality control of the Platform and Services.

2.9    We may process the information contained in Lesson recordings (“recording data”). The recording data may include audio (microphone) and video (webcam) streams as well a presentation stream (whiteboard and uploaded documents). The data is generated during online Lessons in the Tutor Room. This data may be processed to provide safeguarding for Platform users and to resolve disputes and technical problems. The legal basis for this processing is the performance of a contract between you and us and legitimate interests, namely the safeguarding of the Platform and Services users.

2.10    We may process any of your Personal Data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.11    We may process any of your Personal Data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.12    In addition to the specific purposes for which we may process your Personal Data set out in this Section 2, we may also process any of your Personal Data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.13    You must not supply any other person's Personal Data to us, unless we prompt you to do so.


3.    Automated decision-making

3.1    If you are a Tutor, we may use your Personal Data for the purposes of automated decision-making in relation to ranking of Tutor profiles in search results on the Platform. This automated decision-making will use a range of data including: the tutoring you offer; your qualifications and experience; your transaction history; and your ratings. The significance and consequence of this is: Tutors with higher level qualifications and greater experience will rank higher; Tutors will rank higher as they receive more credit; Tutors will rank higher as they receive positive ratings and may rank lower if they receive negative ratings.


4.    Providing your Personal Data to others

4.1    For Students and Tutors with an Account, your Personal Data stored on the Platform will be accessible and readable to the Agency, under which you register, to allow them to manage your Account and provide you with Agency services. Agency access to your data may include usage data, account data, profile data, verification data, service data, message data, review data and recording data. In using the Platform you acknowledge that your Personal Data with be accessible to both the Provider and the Agency.

4.2    For Tutors, once your tutor profile is approved your profile data will be visible to other logged in users on the Platform. Depending upon the Agency requirements, it may also be visible to guests who are not logged in and may therefore also be indexed by Google and other search engines. If you do not wish your tutor profile data to appear in search engine results, you can request this by contacting the Agency.

4.3    We may disclose your Personal Data to our insurers and professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.4    Financial transactions relating to the Platform and Services may be handled by our payment services provider. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

4.5    We may disclose your Personal Data to our trusted verification partners in order to confirm the validity of any submitted data or documentation. This may include your identification documents (including passport or UK driving licence), DBS certificates, qualification certificates, address, date of birth, TRN (teacher reference number) and other Personal Data where applicable. We will share this data only for the purposes of confirming the validity of the data and documents.

4.6    In addition to the specific disclosures of Personal Data set out in this Section 4, we may disclose your Personal Data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.


5.    Retaining and deleting Personal Data

5.1    This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of Personal Data.

5.2    Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3    We may retain your Personal Data for a period of 6 years following the date of the most recent login to your Account.

5.4    Notwithstanding the other provisions of this Section 6, we may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.


6.    Security of Personal Data

6.1    We will take appropriate technical and organisational precautions to secure your Personal Data and to prevent the loss, misuse or alteration of your Personal Data.

6.2    We will store your Personal Data on secure servers.

6.3    All Personal Data sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption.

6.4    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

6.5    You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing your Account confidential and we will not ask you for your password (except when you log in to your Account).


7.    Amendments

7.1    We may update this policy from time to time by publishing a new version on the Platform.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We may notify you of significant changes to this policy by email or through the Platform.


8.    Your rights

8.1    In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your Personal Data and, where we do, you have the right to access to the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access most of your Personal Data by logging in to your Account.

8.4    You have the right to have any inaccurate Personal Data about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about you completed. If any Personal Data that we hold about you needs to be corrected or updated your can contact us via the Help Centre or via email at support@tutoroffice.co.uk.

8.5    In some circumstances you have the right to the erasure of your Personal Data without undue delay. Those circumstances include: when the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; if you withdraw consent to consent-based processing; if you object to the processing under certain rules of applicable data protection law; when the processing is for direct marketing purposes; and if the Personal Data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the Personal Data; processing is unlawful but you oppose erasure; we no longer need the Personal Data for the purposes of our processing, but you require Personal Data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.9    To the extent that the legal basis for our processing of your Personal Data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.10    If you consider that our processing of your Personal Data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.11    To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.12    You may exercise any of your rights in relation to your Personal Data by contacting us via the Help Centre or via email at support@tutoroffice.co.uk.


9.    Third party Platforms

9.1    Our Platform may include links to and details of third party Platforms. We have no control over, and are not responsible for, the policies and practices of any other Platforms.


10.    About cookies

10.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

10.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

10.3    Cookies do not typically contain any information that personally identifies a user, but Personal Data that we store about you may be linked to the information stored in and obtained from cookies.

10.4    Most browsers allow you to refuse to accept cookies and to delete cookies. However, cookies are essential to the correct operation of the Platform and if you block cookies you will not be able to use all the features of the Platform and the Services will not function correctly.


11.    Cookies that we use

11.1    We use cookies for the following purposes:

(a)    authentication - we use cookies to identify you when you visit the Platform and as you navigate the Platform (cookies used for this purpose are: tutoroffice_session); and

(b)    security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect the Platform and Services generally (cookies used for this purpose are: XSRF-TOKEN).


12.    Cookies used by our service providers

12.1    Our service providers use cookies and those cookies may be stored on your computer when you visit the Platform.

12.2    We use Google Analytics to analyse the use of the Platform. Google Analytics gathers information about Platform use by means of cookies. Google's privacy policy is available at: https://www.google.com/policies/privacy/.


13.    Our details

13.1    The Platform is owned and operated by Tutexa Ltd, registered in England and Wales (11603406) and our registered office is at Tutexa Ltd, 4 Mowbray Road, South Shields, NE33 3AU.

13.2    You can contact us by logging into your Account and sending a message via the Help Centre. Alternatively, you can email us at support@tutoroffice.co.uk.


14.    Data protection registration

14.1    We are registered as a data controller with the UK Information Commissioner's Office (A8425654). For any data protection queries please contact us at support@tutoroffice.co.uk.