TERMS & CONDITIONS

1. Introduction

1.1 These terms and conditions apply to any company or individual with a Tutorially account (“you”). Some clauses relate to you as well as any user, or student, to whom you grant access.
1.2 These terms and conditions shall govern your use of our website www.Tutorially.co.uk (Tutorially™) and any microsite, mobile application or other site we might offer from time to time.
1.3 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Right to change Terms and Conditions

2.1 We reserve the right to update these terms and conditions at any time without prior notice, however we will make reasonable efforts to notify our registered users of any changes as they may occur.
2.2 Any new features Tutorially™ may introduce to improve the service, including all tools and resources, shall be bound by these terms and conditions. Continued use of the service after any such changes constitutes your acceptance of and consent to those changes.

3. Copyright notice

3.1 Copyright (c) 2018 Ortera® Limited, trading as Tutorially™
3.2 Subject to the express provisions of these terms and conditions:

a. We, together with our licensors, own and control all the copyright and other intellectual property rights in our website, including but not limited to the name of the service, artwork and end-user interface elements contained within the service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the service.
b. All the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

View pages from our website in a web browser;
Download pages from our website for caching in a web browser;
Print pages from our website;
Stream audio and video files from our website; and
Use our website services by means of a web browser,

Subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes (including obtaining Tutor or Student contact details for commercial usage).
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:

Republish material from our website (including republication on another website);
Sell, rent or sub-license material from our website;
Show any material from our website in public;
Exploit material from our website for a commercial purpose; or
Redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Cancellation and suspension of account

6.1 Subscription Cancellation:

a. You alone are responsible for the proper cancellation of your account. You may cancel your account by emailing [email protected].
b. If you cancel the service before the end of your current paid month, your cancellation will take effect immediately and no refund will be offered for any subscription time beyond the date of cancellation.

6.2 We may:

c. Suspend your account;
d. Cancel your account; and/ or
e. Edit your account details,

At any time in our sole discretion without notice or explanation.

6.3 Tutorially™ may cancel or suspend your account immediately without notice for any of the following reasons:

f. Failure to pay an invoice or late payment.
g. Illegal activity involving or in any way relating to use or misuse of Tutorially™.
h. Any attempt by you or others for whom you are responsible to extract data from the Tutorially™ system which you do not rightly have access to, or damage Tutorially™ such that such access is made easier for others.
i. Any damage (intentionally or otherwise) to the service Tutorially™ offers by your users.
j. Any activity by your users which results in a significant increase in the costs to Tutorially™ of providing the Tutorially™ service.
k. Any activity by your users which defames Tutorially™ or damages its reputation.

Or for violating any of the content terms in section 8.4. Any such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content associated with your account.

7. Your content: License

7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.
7.3 You grant to us the right to sub-license the rights licensed under Section 7.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

8. Your content: rules

8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 The information you provide during Tutorially™ signup and profile completion must satisfy the following:

1. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.
2. Your login credentials may only be used by one person – a single set of login credentials shared by multiple users is not allowed.
3. You may create login credentials for as many tutors and students as your subscription tier permits.
4. You are responsible for maintaining the security of your account and password. Tutorially™ cannot and will not be liable for any loss or damage from your failure to protect your login information, and data rendered insecure by the compromise of a user password will not be considered a breach.
5. You may not use the service for any illegal or unauthorised purpose. You must not, in the use of the service, violate any laws in your jurisdiction or the UK (including but not limited to copyright laws).
6. You are responsible for all content posted and activity that occurs under your account including content posted by other people who have been granted access to the site under your account.

8.3 Your 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).
8.4 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
1. a. Be libellous or maliciously false;
2. b. Be obscene or indecent;
3. c. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. d. Infringe any right of confidence, right of privacy or right under data protection legislation;
5. e. Constitute negligent advice or contain any negligent statement;
6. f. Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
7. g. Be in contempt of any court, or in breach of any court order;
8. h. Be in breach of racial or religious hatred or discrimination legislation;
9. i. Be blasphemous;
10. j. Be in breach of official secrets legislation;
11. k. Be in breach of any contractual obligation owed to any person;
12. l. Depict violence in an explicit, graphic or gratuitous manner;
13. m. Be pornographic, lewd, suggestive or sexually explicit;
14. n. Be untrue, false, inaccurate or misleading;
15. o. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. p. Constitute spam;
17. q. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
18. r. Cause annoyance, inconvenience or needless anxiety to any person.

9. Payments and Refunds

9.1 If you sign up for a free trial and you do not cancel or become a full member within 14 days, you will be sent an e-mail inviting you to begin paying for your subscription. If you choose not to subscribe, on trial expiration your account will suspended until a subscription is competed. If you enter your payment information before the trial has ended, your subscription begins on that day, and your trial period ends on that day.
9.2 The Service is billed on the day you subscribe, and henceforth on the same day of every subsequent month until such time as you cancel your subscription or downgrade to a non-paid service tier. Subscription fees are non-refundable, and there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account.
9.3 In agreeing to a subscription service, you are providing consent for Stripe to collect that monthly subscription automatically, until such time as it is cancelled.
9.4 All payments are to be made in GBP unless otherwise agreed.
9.5 Tutorially™ reserves the right to change monthly fees as we see fit, with 90 days’ notice to subscribers. Any changes to our fees will be reflected in the Tutorially™ website, and communicated to subscribers.

10. Limited warranties

10.1 We do not warrant or represent:

The completeness or accuracy of the information published on our website;
That the material on the website is up to date; or
That the website or any service on the website will remain available.

10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

10. 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.

11.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

e. Are subject to Section 10.1; and
f. 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 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

a. Send you one or more formal warnings;
b. Temporarily suspend your access to our website;
c. permanently prohibit you from accessing our website;
d. Block computers using your IP address from accessing our website;
e. Contact any or all of your internet service providers and request that they block your access to our website;
f. Commence legal action against you, whether for breach of contract or otherwise; and/or
g. Suspend or delete your account on our website.

12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.

16. Third party rights

16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17. General Data Protection Regulation (GDPR)

Much of this information is already present throughout this policy, but is included here for convenience given the prominence of GDPR legislation. Your sign up to Tutorially™ requires acceptance of our terms and conditions and privacy policy, which includes our adherence to the principles laid out in the GDPR. The GDPR requirements as of 25th May 2018 require explicit clarification of the following:

17.1 The Name and Contact Details of or organisation, which can be found in section 21 of these terms and conditions.
17.2 The purposes of our data processing – which is the use of data provided by tutors and students for the purposes of their conducting a professional relationship, and our facilitating of that relationship via the Tutorially™ service. We will also communicate with registered users, newsletter subscribers and any other party who has consented to our contacting them, notifying them of offers, changes and news related to our products and services, including Tutorially™.
17.3 We process subscriber personal data for the lawful purpose of conducting our business, on the basis that any user signing up to our services has stated a legitimate interest and has confirmed their agreement to our terms and conditions and privacy policy at the point of sign up. Signing up having accepted Tutorially™ terms and conditions will also constitute a contract.
17.4 We do not require any sensitive personal data. Sensitive personal data could be divulged by you in a blog article or other free-text field. You are considered the controller of any such data.
17.5 We do not share transfer data beyond the EU.
17.6 We will keep subscriber data for as long as a Tutorially™ account is active. Should an account be deleted, all data associated with that account will also be removed subject to a reasonable request for us to do so.
17.7 Tutorially™ uses industry-standard cloud-hosting technologies to deliver highly available services. All data is encrypted at rest as well as in transit, and appropriate security provisions are in place to prevent compromise as far as is practicable and to the best of our ability. No provision can render a breach impossible, but we take reasonable measures to prevent any such breach. We will not provide specific detail out of a sincere and enduring respect for our customer data, and the integrity of our systems.
17.7 Tutorially™ is a data processor in GDPR terms, with the subscriber or customer remaining a data controller, be they a tutor, student or parent. All data provided is controlled by the subscriber, can be amended or removed by the subscriber.

18. Entire agreement

18.1 These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

17.1 These terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

18. Statutory and regulatory disclosures

19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20. Our details

21.1 This website is owned and operated by Ortera® Limited, trading as Tutorially™
21.2 We are registered in England and Wales under registration number 10319117, and our registered office is at 21 Old Gloucester Street, London, WC1N 3AX
21.3 Our principal place of business is at 21 Old Gloucester Street, London, WC1N 3AX
21.4 You can contact us:

a. By post, using the postal address given above;
b. By telephone, on the contact number 0121 562 1811
c. By email, using the contact form available on our website