Terms & Conditions

Your attention is drawn, in particular, to the section below headed "Our Liability". 

This website and the facilities and services available from it are not data back-up or data recovery services, we do not accept any responsibility for the loss of, deletion of, or corruption to, any material uploaded onto this website and/ or emailed to us: it is our advice that all users keep copies of all material uploaded onto this website or emailed to us.

 

Definitions and Interpretations

In these terms and conditions, the following expressions have the meanings set out next to them:

Words denoting the masculine gender shall include the feminine and neuter genders and vice versa and words denoting the singular shall include the plural and vice versa.

The headings in these terms and conditions are for convenience only and shall not affect the interpretation of these terms and conditions.

Any reference in these terms and conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

 

Introduction

This and the following pages (together with the documents and pages referred to within them) set out the terms and conditions on which you may make use of our site, whether as a guest or a registered user and the terms and conditions on which you purchase the Services from us.  Please read these terms and conditions carefully before you start to use our site.  You may only use our site and the Services if you agree to these terms and conditions.  Your continued use of our site indicates your acceptance that these terms and conditions apply to our site and your use of them.

Only persons aged fourteen (14) years or over may access our site and subscribe to those Services for which we make a charge.  We may change, modify or revise these terms and conditions at any time by amending these pages.  The changes made to the terms and conditions will come into effect as soon as they are posted on our site and your use of our site and/ or any Services will be subject to the amended terms and conditions.  You are expected to check these terms and conditions from time to time to take notice of any changes we may have made, as they are binding on you in respect of your use of the site and/ or the purchase by you of the Services.

Please check the box on the Sign-up Page if you accept these terms and conditions.  In that case, these terms and conditions are incorporated into a contract between you and us.  Please understand that if you refuse to accept these terms and conditions, you will not be able to set up an account on our website.

 

Information About Us

www.myetutor.tv is a site operated by myetutor Limited.  We are a limited company registered in Scotland under company number SC389351.  Our registered office is at 272 Bath Street, Glasgow, G2 4JR.  Our VAT no. is [VAT currently not applicable].  Our email address is admin@myetutor.tv

 

Service Availability

Our site is, and our Services are, only intended for use by people resident in the Serviced Countries.  We do not accept subscriptions from individuals outside those countries.  Some restrictions are placed on the extent to which we accept subscriptions from specific countries.

We will use our reasonable endeavours to maintain the Services available on our website subject to the availability of internet and the limitations imposed by the service level guarantees from our service providers.  We will not be responsible, or liable to any party, for failure of, or disruption to, the Services arising as a result of the failure of or disruption to any of the services of our service providers.

We may temporarily suspend the availability of our site, or any parts thereof, and/ or the Services or parts of the Services, including connectivity or functionality, in order to undertake and complete repairs, maintenance or upgrades of and to our site and/ or the Services.  Where possible, we will give notice of any such suspensions before such suspensions occur.

 

Your Status

By registering for an account on our site or using any Services for which we charge a fee, you agree and represent to us that:

 

Your Account

Subject to these terms and conditions, you may open an account with us by using the Sign-up Page.  Once your registration has been accepted by us (and until your account is terminated) you will be able to order the Services from us in accordance with these terms and conditions.

During the registration process and throughout your registration with us, you will be asked to supply and update your email address.  This will help us to verify your identity on future visits to our site.  Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.

Each registration is for a single individual user only.  

You will also need to provide a login name and password in order to access your account and ordering the Services.  We do not permit you to share your login name and password with any other person.  You must keep your password secure and confidential at all times.  We ask you not to share your password with anyone and should it come to our attention that any password we have issued has been provided to, or accessed by, or used by, any other individual, then we reserve the right to disable such password, without notice, and we are entitled to refuse to issue any replacement passwords or alternative access routes.  You will be responsible for any damage or losses caused by unauthorised access to your account with us and or any other part of our site or Services resulting from your failure to keep your password secure.

There is no charge for registering with us, however, there may be charges for certain levels of use or other products or services, including, without limitation, the Services, supplied by us.  You will be notified of these charges at the time you request the Services, for which we charge, and such notification shall be prior to you committing to the purchase of the Services.  When you place an order for products or services, including, without limitation, the Services, for which there is a charge, you, or somebody acting on your behalf in making the payment, will need to supply to us payment details in accordance with any method of payment accepted by us at the that time and other personal details so that we may process the order for you.  You, or the person acting on your behalf in making the payment, must be lawfully entitled to use such payment details for the purpose of making such payment and by submitting such payment details you, or the person acting on your behalf in making the payment, represent to us that you or they (as the case may be) are so lawfully entitled.  Any charges for the products or Services requested will be billed to the credit card, debit card or online payment account (as the case may be) provided to us.

In the event that you supply invalid credit card or online payment account details, or declined or refused payments, or details of a credit card or payment account that belongs to someone else without their permission, we reserve the right to terminate your account with us at any time without notice.

 

Contract, Prices and Payment

When you place an order on our site to purchase Services, your order to purchase Services represents an offer to us to purchase the Services which, notwithstanding the taking of payment from you by us, is only accepted by us to form a contract between you and us when we send you an email confirming we have accepted your order, this e.mail will be your "Order Confirmation".  In the event that we take payment from you before the contract is formed and thereafter we do not accept your offer and/ or we do not issue to you an Order Confirmation, we shall make a full refund of your payment to you.  Any Services on the same order which we have not confirmed in an Order Confirmation do not form part of that contract.

The price for any Services will be as quoted on our site from time to time, except in cases of obvious error.

The prices for the Services are in Pounds (£) sterling.  Prices are liable to change at any time, but any such changes will not affect purchases or subscriptions which you have already made for specific Services.

It is always possible that, despite our best efforts, some of the Services available for purchase on our site, are incorrectly priced.  We verify prices included in your order to us as part of our processing procedures, so that, where the Services are incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.  We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

We retain the right to refuse to accept your order solely at our discretion.  If we are concerned that you are attempting to place an order dishonestly, fraudulently, by impersonating someone else or you are attempting to use payment details for which you have no authority to use, we may make additional checks as to your standing and, if appropriate, involve external authorities.

 

Right to Cancel

Subject to the next paragraph, you may cancel any order for Services made by you by written notice to that effect to admin@myetutor.tv at any time within seven (7) working days of the date of the Order Confirmation for such Services and you will receive a full refund of the price paid for such cancelled Services.

You will not be able to cancel any order for Services made by you if the performance of such Services has commenced prior to you serving written notice to cancel in accordance with the preceding paragraph.   

 

Other Companies

We may provide links on our site to the websites of other companies, whether affiliated with us or not.  We do not give any undertaking and we make no representation that products and/ or services you purchase from any such third party websites accessed through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality or fit for their intended purpose provided that the foregoing does not affect your statutory rights or any other rights that you may enjoy against the third party seller.

 

What You Must Do

You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these terms and conditions and if you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may suspend the Services by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.

 

What You Are Allowed To Do

You may access any part of our site provided that it is not password protected.  Access to some parts of our site are only available if you have a valid password.  You may not access, nor should you attempt to access, these areas without a valid password.

 

What You Are Not Allowed To Do

We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.

You are not allowed to use our site (or to copy or use any material from our site) for any commercial purpose other than to conduct a commercial transaction with us.  This includes allowing access to your material in return for payment or for any other commercial purpose or any dissemination (whether revenue generating or not) that goes beyond what would reasonably be regarded as private use.  You are not permitted to reproduce, duplicate, copy or re-sell any part of our site beyond the parameters of any applicable Service without our authority.

You are not, without our authority, permitted to access, interfere with, damage or disrupt: (i) any part of our site; (ii) any equipment or network on which our site is stored; (iii) any software used in the provision of our site or any part thereof; or (iv) any equipment or network or software owned or used by any third party using our site, or any services available thereon including, without limitation, the Services.

You are not allowed to remove, obscure, amend or alter any copyright, trade mark or other intellectual property notices contained in material on our site from any copies or printed items taken of material from our site.

You are not allowed to upload or email to us material which contains or uses any text or images or other material including text based annotations and comments, which contain any of the following:

You are not allowed to create a link to our site from another website or document without our prior written consent.

You are not allowed to record any service provided by myetutor, publish or distribute any recordings.

You are not allowed to invite anyone to online tutoring sessions beyond those mentioned by myetutor.

You are not allowed to abuse, threaten, intimidate or accuse any agent acting on behalf of myetutor ltd either privately or publicly. This will be viewed as a breach of the provisions of  the service.

You shall not use our site or any services available on our site, including, without limitation, the Services, to transmit, or procure or facilitate the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, including, without limitation, spam.

We reserve the right to close your account and withdraw the provision of the Services without prior warning if you are in breach of any of the provision of this section.

You may be liable for and will indemnify us against all direct costs, claims, demands, liability and expenses incurred by us in respect of any steps, actions or proceedings made or brought against us by any third party as a result of any breach by you of the provisions of this section.

We may, at our discretion, contact law enforcement authorities if we are made aware that anything illegal is occurring or has occurred in relation to our site including the uploading or emailing of any images in breach of the above restrictions on content.  We may provide copies of any relevant text, images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

We may refuse to provide any further Services and/ or any other services or products to anyone who breaches these terms and conditions.

You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

You are not allowed to record any of our Consultants acting as Agents for us.

You are not allowed to record or distribute any materials that an Agent may have shared with you for the purpose of providing a Service.

You are not allowed to abuse, hector, denigrate or make any of our Agents feel uncomfortable in the discharge of their professional duties.

Rights

As between you and us, you, or your licensors (as the case may be), retain ownership of all intellectual property rights, including copyright, in the content, including your Work, that you have uploaded to our site or emailed to us where you, or your licensors, already own such rights, provided that your uploading or emailing of any such content amounts to a non-exclusive, worldwide, royalty-free licence, with the right to grant sublicenses, by you to us to use all such content for the purpose of the performance and the provision of the Services by us and on our behalf as anticipated hereunder and in accordance with these terms and conditions and you warrant to us that you are lawfully permitted to grant such licence in and to all such content and each part thereof for the entire period that such content shall be held and/ or used by us or on our behalf.

It is a condition of allowing you to use our site and any Services that you have the right to copy, upload or otherwise deal with any content, including your Work, provided by you to us and to allow us to process and otherwise deal with that content in accordance with these terms and conditions and/ or as anticipated hereunder.

You may not upload, email to us, request us to print, or otherwise deal in relation to our site, with any images or other material where you do not have the right to do so and/ or the lawful authority to license us to use such images or other material in accordance with these terms and conditions and/ or as anticipated hereunder. 

We are the owner (or the licensee) of all intellectual property rights in our site.  We are the owner (or the licensee) of all intellectual property rights arising in the performance of the Services and you shall not copy, reproduce, disseminate, publish or in any way commercialise the results of the Services (including any learning materials, comments, suggestions and/ or advice that we provide to you).

We reserve the right to record any interaction between you and an agent of myetutor but will notify you of any recordings beforehand which you shall have the right to decline.

 

The Services

SCOPE OF SERVICES

We provide the Services to you by engaging the services of individuals that are currently qualified teachers of the Subject and are fully registered with the General Teaching Council for Scotland. 

Any Work that you submit to us for the purpose of receiving Services will be allocated to individual assessors on the basis of the order in which all Work is received by us and the availability of individuals to asses such work.  The full identity and location of the individuals engaged by us in order to provide the Services, including the individuals that carry out any services in respect of any Work submitted by you to us, shall not be disclosed to you or any other parties.  Your full identity will not be made known to any of the individual assessors and you are asked not to include any information, within the body of any Work submitted by you to us, from which you could be identified or contacted (by any means) directly.  You should not make any attempt to identify the individual assessor nor attempt to solicit such identities from such individual assessors or any other sources.

The Services will include a range of one to one tuition or to more than one person over the internet, comments and suggestions specifically applicable to your Work which are intended to assist you with the development and improvement of your Work, however, such comments and suggestions should not be interpreted by you as definitive, conclusive, comprehensive or complete and nor should they be relied upon by you as a substitute for study, research and independent thought by you.

The Services will include comments, suggestions and marking guidelines that are general to the Subject and/ or to the particular topic within the Subject to which your Work relates; these comments and suggestions are intended to assist you with the development and improvement of your Work, however, such comments, suggestions and marking guidelines are included for your guidance only and they should not be interpreted by you as definitive, conclusive, comprehensive or complete and nor should they be relied upon by you as a substitute for study, research and independent thought by you.

The Services will include the provision to you of a grade for the Work submitted by you and you acknowledge that any such grade is purely indicative only, it has not been validated, approved or verified by any exam board or regulatory body.  We do not provide any guarantees or assurances regarding the quality of your Work submitted by you to us, or the official grades that you will receive if you submit such Work for official marking for the Subject, either in the form you submitted to us or following any revisions that you make following receipt by you of the results of the Services.

You acknowledge and agree that the Services are subject to the availability of individuals to undertake the Services.  You also acknowledge and agree that any period of time that we indicate or agree in respect of the performance of the Services is indicative only and time shall not be of the essence for the performance of the Services and the receipt by you of the results arising from the Services.

You acknowledge and agree that due to the individual assessment nature of the Services, that the Services and the results of the Services are subjective and while we take all reasonable care to ensure that the Services are consistent, including the monitoring of the standards of assessment undertaken by individuals in the performance of the Services, we make no representation, nor any warranty, as to whether or not the results of the Services (including any grades and/ or advice provided to you) will be representative of the official grades awarded to you as part of your assessment for the Subject.

CONDITIONS AFFECTING PERFORMANCE

The Services and the results arising from the Services (including suggestions/ comments and grades) do not take into account any mitigating factors, such as medical conditions and/ or language challenges, which may affect your performance, including the quality of your Work.

QUALITY OF THE SERVICES

Unless we are prevented from doing so by a Force Majeure Event (as defined below in the section headed "Events Outside Our Control"), the Services will:

(a) conform in all material respects with their description;

(b) be carried out with reasonable care and skill;

(c) be fit for any purpose we say the Services are fit for or we could reasonably expect you to use the Services for; and

(d) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.

The foregoing warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these terms and conditions.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

In the unlikely event that the Services do not conform with your expectations and/ or these terms and conditions, please refer to our Refunds Policy located at www.myetutor.tv/documents/refund-policy/.

These terms and conditions will apply to any replacement Services we supply to you.

 

Our Liability

Subject to the remainder of this section AND WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER, Our liability to you for losses you suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the Services you purchased.

This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal or unlawful for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings; OR

(e) loss of or corruption to data;

provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the above terms or any other claims for direct financial loss that are not excluded by any of categories (a) to (E) ABOVE inclusive.

 

Changes to the Services and Loss of the Work

We may change the format and content of our site (or any products or services, including without limitation, the Services, offered by our site) at any time.

You are advised to keep your copy of all material, including your Work, provided to us.  We will not be responsible for keeping backups or for the loss of, deletion or corruption of any material, including your Work, uploaded onto our site and/ or provided by you to us.

 

Data Protection

Personal data provided to us through our site will only be used in accordance with our Privacy Policy.  Please read through this carefully before proceeding. By providing your personal data to us you are consenting and representing to us that you have the capacity and authority to so consent, to its use in accordance with our Privacy Policy.

 

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing and when using our site, you accept that communication with us will be mainly electronic and such electronic communications shall constitute writing for the purposes of such applicable laws. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Notices

All notices given by you to us must be given to us at our registered office address or our email address.  We may give notice to you on our website or at the email or postal address you provide to us when registering or placing an order. Notice will be deemed received and properly served when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter to you.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

 

Transfer of Rights and Obligations

Your use of our site and the purchase by you of any Service or other product or services is always subject to these terms and conditions and the contract formed between you and us as a result of such use or purchase by you is binding on you and us and on our respective successors and assignees.  You may not transfer, assign, charge or otherwise dispose of such contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of such contract, or any of our rights or obligations arising under it, at any time during the term of such contract.

 

Cancellation

We may cancel your account, registration and/ or subscription with us without cause and without notice at our sole discretion.

Once your account is cancelled, your password will no longer enable access to the password protected areas of our site.

 

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that are caused by events outside our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) the acts, decrees, legislation, regulations or restrictions of any government; And/ or

(g) disruption, interruption and/ or failure of the internet.

Our performance under any agreement with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

 

Questions, Concerns or Complaints

If you have any questions, concerns or complaints about material which appears on our site or any element of Services purchased by you from us, please contact us at admin@myetutor.tv . Please also see our Refunds Policy located at www.myetutor.tv/documents/refund-policy.

 

Waiver 

If we fail, at any time during the performance of any contract with you, to insist upon strict performance of any of your obligations under the said contract, including, without limitation, any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the said contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the section headed "Notices" above.

 

Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract we have with you relating to your use of our site and the purchase by you from us of any services, including, without limitation, the Services and/ or other products available to you from our site. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

Our Right to Vary These Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order Services or any other products available on our site from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services or products).

 

Law and Jurisdiction

These terms and conditions (and the provision of the Services and any other products by us) are governed by and to be interpreted in accordance with Scottish law. In the event of any dispute arising in relation of these terms and conditions or in relation to the provision of the Services and any other products by us, the Scottish courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.