This clause sets out what WiseBees promises to do:

2.1 To maintain a functioning Website, including communication systems, Online Classroom, wherever possible. WiseBees cannot guarantee that the Website will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Website might need to be taken offline for maintenance purposes.

2.2 To communicate any planned maintenance of the Website or downtime.

2.3 To use reasonable endeavours (which means to try very hard!) to keep the Website free from viruses and worms.

2.4 To use reasonable endeavours to verify the identity, Qualified Teacher Status and DBS checks of all Tutors.

2.5 To communicate new Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Website and by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communication).

2.6 To endeavour to ensure that each Student’s payment of Lesson Fees and the payment of each Tutor’s Tutor Fees are processed within agreed time limit, when there is no Complaint or Failed Payment.

2.7 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.

2.8 To endeavour to ensure that refunds to Students are made promptly in accordance with these terms and conditions.

2.9 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.

2.10 To take precautions WiseBees considers appropriate to protect Students’ and Tutors’ information.

2.11 To monitor postings made on the Website and messages sent between Students and Tutors. WiseBees does so in the hope of helping Students and Tutors meet, but also to stop misuse of the Website, as set out in these terms and conditions.

This applies to both Students and Tutors, and anyone else who uses the Website.

3.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.

3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.

3.3 Users must immediately report to WiseBees any defamatory, offensive or illegal material they view on the Website.

3.4 Users must contact WiseBees immediately if they believe their password has been compromised. Users will be responsible for any interactions conducted in their name until they have notified WiseBees that they believe their password has been compromised.

3.5 Users must not use the Website with the intention of engaging directly with other Users outside of the WiseBees environment. Users must not promote opportunities or services of any company other than WiseBees on the Website and Platform.

3.6 Users agree to abide by the Privacy Policy provided through the Website.

3.7 Any User who fails, in WiseBees’ opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. WiseBees reserves the right to cancel any existing bookings in such circumstances.

4.1 WiseBees is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.

4.2 Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition. WiseBees is not responsible for any dispute between a person under the age of 18 and a parent or guardian.

4.3 Students must ensure that all of their personal details and contact information are accurate and up-to-date. WiseBees will contact Students by email.

4.4 When a confirmed Booking exists, the Student must ensure that they have a valid debit/credit card registered on the Website, with sufficient funds to cover the Booking.

4.5 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of WiseBees failing to provide the services outlined in clause 2.2 of these terms and conditions.

4.6 Any Student who fails, in WiseBees’ reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website and any related services. WiseBees reserves the right to cancel any existing Bookings in such circumstances.

4.7 Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than four weeks’ notice.

4.8 Nothing in these terms and conditions affects a Student’s statutory rights.

4.9 Subject to paying for any Bookings used, a Student may cease to use the WiseBees‘ service at any time.

5.1 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.

5.2 If Tutors contact Students who are under 18, they must ensure that these Students are represented by a parent or legal guardian who gives consent for the Student to receive tuition.

5.3 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.

5.4 Tutors must disclose any criminal convictions or cautions they may have to WiseBees, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.

5.5 Any Tutor who, in WiseBees’ opinion, fails to comply with these terms and conditions may be immediately barred from using the Website and related services. WiseBees reserves the right to cancel any existing Bookings at any time in such circumstances.

5.6 Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.

5.7 Tutors agree that they will be ranked on the Website based on a mixture of profile data, Student ratings and number of Lessons taught. Positive Student ratings, prompt messaging, repeat Bookings and a greater amount of Lessons taught will contribute to Tutors being ranked higher on the Website’s search engine results. WiseBees reserves the right to change the way Tutors are ranked at any time.

5.8 Tutors should respond to messages received from WiseBees and Users promptly.

5.9 Tutors should start the Online Lessons on time and inform WiseBees any lateness, and should never finish lessons early.

5.10 Tutors must not complete coursework, or any similar assignments, on behalf of Students.

5.11 Tutors must ensure that all written communication with Students to organise takes place via the Website.

5.12 Tutors shall indemnify WiseBees for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.

5.13 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson.

12.1 Nothing in these terms and conditions in any way limits or excludes WiseBees’ liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.

12.2 All Users must give WiseBees a reasonable opportunity to remedy any matter for which WiseBees is potentially liable before incurring any costs remedying the matter themselves.

12.3 WiseBees shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:

• there is no breach of a legal duty of care owed by WiseBees or by any of its employees or agents;
• such loss or damage was not reasonably foreseeable by both parties; or
• such loss or damage is caused by the User, for example by not complying with these terms and conditions.

12.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage WiseBees suffers arising from the User’s breach of these terms and conditions or misuse of the Website (subject of course to WiseBees’ obligation to mitigate any losses).

12.5 The following clauses apply only if the User is not a consumer:

• To the extent allowed by law, the User and WiseBees exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to WiseBees includes its employees and agents.
• WiseBees’ liability of any kind (including in respect of its own negligence) with respect to the Website for any one event or series of related events is limited to £100 or the total Platform Fees paid by the User in the 12 months before the event(s) complained of, whichever is higher.
• In no event (including WiseBees’ negligence) will WiseBees be liable for any:
  • economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data (even if WiseBees has been advised of the possibility of such losses).
• the User will indemnify WiseBees against all claims and liabilities directly or indirectly related to the User’s use of the Website and/or breach of these terms and conditions.
• These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.

13.1 When submitting material to WiseBees, Students and Tutors also grant to WiseBees a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material

14.1 WiseBees may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.

15.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.

15.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.

16.1 “Booking” means the booking attached to an individual Lesson on the Website.

16.2 “Complaint” means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a tutor introduced by WiseBees, or, that there was a Missed Lesson.

16.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website.

16.4 “Background Checked Status” means a Tutor displaying the ‘I have a background check’ badge on their profile page on the Website. Background checks must have been awarded within 2 years of the date on which a Tutor creates an account on the Website, and within 3 years at any point in time thereafter. Within these time frames, background checks will be accepted if they are an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland. WiseBees cannot verify any claim made by Tutors within their profile or in any of other communication which relates to them having a valid background check other than through the awarding of the “Background Checked Status”.

16.5 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Tutorful, has been unable to make a successful charge against the payment details provided by the Student.

16.6 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.

16.7 “Lesson Fee” means the combination of the Tutor Fee and the Platform Fee.

16.8 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.

16.9 “Online Classroom” means WiseBees’ own online lesson space which is made available to Users at the time of booked Online Lessons.

16.10 “Online Lesson” means a one-to-one or group tuition lesson between (a) Student(s) and a Tutor delivered through WiseBees’ Online Classroom.

16.11 “Platform Fee” means the fee charged by WiseBees to Students for the provision of WiseBees’ services.

16.12 “Review” means any review, comment or rating.

16.13 “Stripe Terms” means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.

16.14 “Student” means a User who has registered a student account on the Website. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or guardian.

16.15 “Student Restriction Period” means, as defined in clause 4.9, being at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor.

16.16 “Tutor” means a User who has registered a tutor account on the Website.

16.17 “Tutor Fee” means that part of the Lesson Fee which is collected by WiseBees as agent for the Tutor as described in clause 6.4.

16.18 “Tutor Restriction Period” means, as defined in clause 5.13, being at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student.

16.19 “WiseBees” is trading name of WiseBees Academy Limited (company no. 15844161) with its registered office address at Kemp House, 160 City Road, London, EC1V 2NX.

16.20 “User” means a person who uses our Website (whether or not they have registered an account with us).

16.21 “Website” means the website on the domain https://WiseBees.co.uk.