Terms of Service
1. TUTOR SCREENING
A. All Tutors are self-employed. They are not employed or engaged by The Halifax Helpers and are not the responsibility of The Halifax Helpers.
B. The Halifax Helpers rigorously handpicks and carefully screens its tutors to ensure the highest levels of tutoring. The selection process is conducted by our very well qualified heads of volunteer recruitment.
2. WHAT ARE THESE TERMS OF SERVICE?
A. These Terms of Service set out the terms on which The Halifax Helpers offers the Website and the Services.
B. Please review these Terms of Service carefully and make sure that You understand them before using the Website and/or the Services. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.
A. “Services” means all those services provided through the Website by The Halifax Helpers. These include the provision of the Website, the content contained therein and the medium through which Tutors can provide Tutor Services. The Services do not include Tutor Services.
B. “Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.
C. “Student” or “Tutee” means any end-user of the Tutor Services.
D. “Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.
E. “The Halifax Helpers”, “We” and “Us” means The Halifax Helpers.
F. “Tutor” means a user of the Website who has signed up, completed a training and provided a vulnerable sector check.
G. “Your” and “You” means the person accessing, downloading or using the Website and/or the Services for the purposes of seeking tuition from a Tutor or where such person is a minor, his/her parent, guardian or any person or entity in loco parentis in respect of such minor. Where You are a parent, guardian or in loco parentis in respect of a Student, obligations herein to do something or to refrain from doing something are obligations to procure that the Student under Your control does the relevant thing or refrains from doing the relevant thing.
H. “Website” means any website published by The Halifax Helpers from time to time including without limitation the website at www.thehalifaxhelpers.com and its subdomains, any associated social networking profiles and any applications for mobile devices published by The Halifax Helpers from time to time.
4. ACCEPTANCE OF THESE TERMS OF SERVICE
A. By using the Website, You accept and agree to be bound by these Terms of Service.
B. The Halifax Helpers may at any time modify these Terms of Service. We will notify You of any changes to these Terms of Service either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.
C. You can review the most current version of our Terms of Service at any time by clicking on the “Student Terms of Service” link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.
5. YOUR CONDUCT
A. You agree and undertake to:
i. keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password; and
ii. treat your Tutor with respect and to refrain from abusive, racist, homophobic, sexist or defamatory language at all times.
B. Your protection and safety is of great importance to us. For this reason You must never give Your personal contact details to any Tutor. This includes Your video conference (or other online chat) username, telephone number, email address, home address or Facebook (or any other social networking account) username. In the event that a Tutor requests any such information, You undertake to notify The Halifax Helpers at the earliest possible opportunity.
C. You undertake and agree not to attempt to, or to actually, contact any Tutor other than through the Website unless they contact your first.
D. By downloading and/or using the Website, You agree not to:
i. upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;
ii. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
iii. attempt to gain access to secured portions of the Website to which You do not possess access rights;
iv. impersonate any other person while using the Website;
v. conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
vi. resell or export the software associated with the Website;
vii. use the Website to generate unsolicited advertisements or spam;
viii. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or
ix. interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.
E. Any breach of the obligations in this paragraph 5 will lead to the automatic and immediate termination of Your access to the Website.
6. OUR RIGHTS
A. In providing You with access to the Website, The Halifax Helpers reserves the following rights, and in accessing, browsing or otherwise using the Website You grant to The Halifax Helpers and agree that The Halifax Helpers shall have the following rights:
i. the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in The Halifax Helpers’s sole and absolute discretion You violate or breach any of these Terms of Service;
ii. the right to amend or update the Website, billing methods or these Terms of Service from time to time;
iii. the right to report You to the police or other judicial body if The Halifax Helpers believes in its sole and absolute discretion that Your conduct is or may be unlawful; and
iv. the right to remove any Tutor from the Website and prevent any Tutor from providing the Services.
B. You acknowledge and agree that we record and/or monitor all sessions that You undertake with a Tutor for the purposes of crime prevention and to ensure that users do not breach any provision of these Terms of Service.
7. SETTING UP YOUR PROFILE & INTRODUCTORY SESSIONS
A. In order to start using the Services, You must complete Your profile and indicate as far as possible what You intend to do (this will take about 5 minutes).
8. COMMENCING SESSIONS AND PAYMENTS
A. By registering for one or more Sessions, You enter into a direct contract with the Tutor, who you have chosen and selected for the provision of the Tutor Services.
B. Tutors are self-employed and act on a freelance basis. They are not employed or otherwise under the control of The Halifax Helpers. Tutors do not have any power to bind The Halifax Helpers.
C. Sessions are non-transferable and a Session can only be used only for the Tutor with whom the Session was booked. Only in extenuating circumstances, and under prior mutual agreement between the Student and The Halifax Helpers, will Sessions be transferable to another Tutor; and if the aforesaid cannot be mutually agreed or undertaken, then any remaining Sessions will be refunded.
D. In the event that You wish to use a different Tutor, You must register for a separate Sessions with that Tutor.
E. In the event that a Session is postponed or cancelled by You in accordance with clause 9.1 or otherwise by the Tutor, or if the Session cannot take place due to the occurrence of an event detailed in clause 9.3, You must notify The Halifax Helpers before the scheduled time and date of such event. Failure to notify The Halifax Helpers may result in your suspension from the site.
9. CANCELLATIONS, POSTPONEMENTS AND REFUNDS
A. In the event that a Student/Tutee wishes to cancel or postpone a Session with a Tutor, he must notify via a message (via email) or cancel the session directly through wix before the session.
B. In the event that a Student believes that the Tutor Services are not suitable, or transfer any Sessions to another Tutor. In very rare circumstances, in the sole and absolute discretion of The Halifax Helpers, a Student may be permitted to transfer any unused Sessions to another Tutor.
C. In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter the responsibility of The Halifax Helpers, the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.
D. If you miss one session you will get an email informing you that your absence has been recorded. This is a warning email.
E. If you miss a second session, regardless of the time between your first and second missed session, you will be suspended for a week. This means that all of the sessions you have currently booked will be cancelled and you will not be able to book any more sessions the following Monday to Sunday. You will receive an email informing you that you are suspended.
F. If you are unable to attend a session after you book, all you must do is cancel the session via calendly at any time before the lesson. Any canceled sessions will not be counted towards a “no-show class”
10. QUALITY OF TUTOR SERVICES
A. In the event that a Student believes that a Tutor has not performed the Tutor Services, has been deficient in the performance of the Tutor Services or there is an unresolved dispute with a Tutor, the Student should contact The Halifax Helpers who will endeavour to resolve such matter.
B. The Student acknowledges and agrees that the provision of Tutor Services is the sole responsibility of the Tutor and that The Halifax Helpers is not liable for any aspect of the performance of the Tutor Services.
A. You can review a Tutor with whom You have undertaken a Session. Reviews are published in the sole and absolute discretion of The Halifax Helpers. The Halifax Helpers may summarise, abbreviate and/or rephrase any review submitted by You. The Halifax Helpers may decline to publish a review where The Halifax Helpers considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with the Tutor.
B. By performing Tutor Services You grant to The Halifax Helpers an irrevocable licence to publish such review in full or abbreviated form on the Website or any other medium including without limitation its social networking profiles.
C. The Halifax Helpers will never publish Your full name in connection with any review.
D. A tutor can review You. Reviews are published in the sole and absolute discretion of The Halifax Helpers. The Halifax Helpers may summarise, abbreviate and/or rephrase any review submitted by You. The Halifax Helpers may decline to publish a review where The Halifax Helpers considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with the Tutor. The Halifax Helpers believes that the ability for a Tutor to review a Student, and vice versa, engenders a healthy level of maintenance of quality and high standards, on the part of both parties.
12. INTELLECTUAL PROPERTY
A. The Halifax Helpers and/or its licensor(s) are the sole owners of the Website.
B. The Halifax Helpers brand and the Website are protected by UK and International copyright and other intellectual property laws. We permit You to use the Materials for non-commercial use only and we grant You a limited license solely for that purpose. Without limitation, this means that You may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website or as part of the Services for any commercial purpose or for any other reason without The Halifax Helpers’s prior express written consent.
C. Materials provided by a Tutor and any concepts, models or other tutoring tools shall belong to the Tutor. The Tutor grants the Student a limited revocable licence to use such material solely for the purposes of participating in the Tutor sessions. Without limitation You may not distribute, copy, sell or otherwise use any such material without the prior written consent of the Tutor.
D. You are not permitted to record any Tutor session under any circumstances. Any recording of any Tutor session shall belong to The Halifax Helpers and shall not be reproduced for any reason without the prior written consent of The Halifax Helpers.
E. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. The Halifax Helpers reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
F. The Halifax Helpers and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of The Halifax Helpers. They may not be used without The Halifax Helpers’s prior express written permission.
G. All other trademarks not owned by The Halifax Helpers that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by The Halifax Helpers.
13. ELECTRONIC COMMUNICATIONS
A. You consent to receiving electronic communications and notices from The Halifax Helpers and any Tutor with whom You book and purchase one or more Sessions. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
B. The Halifax Helpers continually tries to keep all information secure. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information You submit is done so at Your own risk.
C. Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
15. NO WARRANTY AND LIABILITY LIMIT
A. The Halifax Helpers provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. The Halifax Helpers specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
B. The Halifax Helpers assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.
C. The Halifax Helpers is not responsible for the provision of Tutor Sessions by Tutors.
D. In no event shall The Halifax Helpers, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
E. The Halifax Helpers does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of The Halifax Helpers. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
F. From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
G. The Halifax Helpers specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
H. Use of a Tutor is no guarantee of a certain result. No Tutor offers any guarantee that a Student using his services will reach a particular standard or pass any examination. By using the Website and any Tutor, You irrevocably disclaim any claim You may have against such Tutor (or The Halifax Helpers) in respect of the quality of tutoring provided by the Tutor and/or the content, format, method or other approach to any tutoring session provided by such Tutor.
16. INTERRUPTIONS AND SUSPENSION OF THE WEBSITE
A. The Halifax Helpers does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation:
i. the performance of scheduled maintenance including on servers and data lines;
ii. the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;
iii. a failure by or error in respect of any service provider including without limitation any server or data line;
iv. an attack on the security or system integrity of the Website including any denial of service attack; and
v. the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.
B. For the avoidance of doubt, without prejudice to the provisions of paragraph 15, The Halifax Helpers shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.
A. You agree to indemnify and hold The Halifax Helpers and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.
A. You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, The Halifax Helpers’s advertising or any related transaction between You and The Halifax Helpers shall be governed by and construed in accordance with English law.
B. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
A. The Halifax Helpers may change or discontinue the availability of the Website or any part thereof at any time without prior notice. The Halifax Helpers reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.
A. You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales (see article 19).
B. These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
C. If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
D. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
E. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
F. These Terms of Service set forth the entire understanding and agreement between You and The Halifax Helpers with respect to the subject matter hereof.