Terms and Conditions

Terms and Conditions

ORIGIN TUTORS LIMITED

Terms & Conditions

Last updated 1st January 2021.
Welcome to the Origin Tutors Website (“the Website”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully. They are divided into two parts. Part A applies to all visitors to and users of the Website and Part B contains additional terms that are applicable if you wish to avail of our Services.

Part A: Terms applying to all visitors and users of the Website

1. DEFINITIONS
“Company” means Origin Tutors Limited, a company registered in Ireland under number 582094 with registered office at Apartment 124, Block G1, Louisa Park. Station Road, Leixlip, Kildare, W23 F9H0 Ireland.

“Intellectual Property Rights” means all copyrights, patents, design rights, trade secrets, rights in confidential information, trademarks, trade names, domain names, service marks, utility models, moral rights, topography rights, rights in databases and know-how in all cases whether or not registered or registerable and including registrations and applications for registration of any of these rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.

2. AGREEMENT TO TERMS OF USE OF THE WEBSITE
2.1 The Terms contained in this Part A apply to all users of and visitors to this Website. The Website is the property of the Company and its licensors. By continuing to use this Website, you agree to the terms in this Part A; if you do not agree, do not use the Website. Please read them carefully as they constitute a legally binding agreement between you and the Company.

2.2 The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. When the Company does this, if we are providing Service (as defined in Part B) to you or you have subscribed to our newsletter, we will notify you of the changes by sending you an email with the revised terms and an explanation as to what will be the likely impact of these changes, to the email address that you blast provided to us. We will also include the word “updated” in the link to these Terms on the Website for one month after the date of the change. By continuing to use the Website, you agree to be bound by any such changes.

2.3 By using the Website, you acknowledge that you have read, understood and agreed to be bound by these terms, our Privacy Policy and Cookies Policy which can be accessed here. We recommend that you print a copy of these policies for your further reference.
2.4 When you use the Website, you accept that your use of the Website will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the Website or any of the information on it, you agree that the Irish courts will have exclusive jurisdiction over all such claims or disputes.
2.5 The Company is entitled to remove and/or block any user from the Website for any breach of these Terms and/or our Privacy Policy and/or our Cookies Policy and/or for any other reason whatsoever in cases where we deem it appropriate to do so.
2.6 In addition to the obligations at 3.2 below, you agree not to modify, adapt, translate, or reverse engineer any portion of the Website, nor to use any robot, spider, or other devices to screen-scrape any portion of the Website or any material from the Website, except as expressly authorised in writing by the Company.
2.7 By interacting on the Website you agree that it is your duty to take any steps and undertake any actions that may be mandatory, necessary or advisable in relation to the information that you upload and to ensure the validity and effectiveness of any transactions you will be entering into.
2.8 The Company (including its investors, owners, successors, subsidiaries, affiliates, co-branders, contractors, servants, employees, directors, technology providers, service providers or other partners and each of their respective officers, directors, agents, shareholders, employees and representatives) accepts no liability in relation to the accuracy or the genuine and true nature of any information uploaded to or accessible via the Website, or the end result of any arrangement that may be entered into with the Company. Before making any decision, you should seek appropriate advice.
2.9 You are responsible for complying with all applicable laws. The Website cannot and should not be used to facilitate any communications or collaborations that are in violation of any applicable laws. If it comes to the attention of the Company that any user of the Website may be violating applicable laws, the Company reserve the right to suspend that user’s use of the Website immediately and without prior notice.
2.10 We do not provide any warranty as to the potential success of any collaborations with the Company.

2.11 We do not accept any liability for any losses of any nature (whether direct or indirect, financial loss, loss of chance or profit or other losses whatsoever under the law governing the Website and the laws of your jurisdiction) which you may suffer or incur.

3. USING THE SITE
3.1 The Company and/or its owners have no responsibility for or liability arising out of or in connection with any material present on or posted to or uploaded to the Website. Any views or comments expressed on the Website are not necessarily the views of the Company, its owners or any entity associated with it.
3.2 The Company is not responsible for and does not endorse the contents of posts and/or uploaded information on the Website.
3.3 The Company does not warrant the accuracy, completeness, truthfulness, legality or reliability of posts and/or any material on the Website whether uploaded by the Company or otherwise contained on the Website.
3.4 You agree to fully indemnify the Company, its investors, owners, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, against any loss, damage, costs (including legal costs) claims, liabilities or expenses which such persons may suffer or incur arising directly or indirectly in consequence of your posting and/or uploading any material on the Website and/or your failure to comply with any applicable laws. For the avoidance of doubt, the indemnity you give to any and all of the above-named persons is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms and Conditions and/or applicable law.
3.5 The Company expects all users of the Website to act responsibly in posting material and/or uploading information/material. You agree not to post and/or upload any material which:
3.5.1 infringes the copyright, patent, trademark, trade secret, database right, right of privacy or publicity or other proprietary or intellectual property right of any party;
3.5.2 violates criminal law;
3.5.3 promotes or encourages illegal activity;
3.5.4 bullies, intimidates or harasses any other user;
3.5.5 is sexist, racist, homophobic, offensive on the grounds of religion, nationality or demographic group;
3.5.6 is personal information about other users and/or other third parties unless you have the express permission of those users and/or third parties;
3.5.7 is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others;
3.5.8 may prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;

3.5.9 includes any spam, unauthorised advertising or any other form of commercial publicity;
3.5.10 is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the Website’s servers, bandwidth or infrastructure;
3.5.11 encourages or facilitates any violations of these Terms;
3.5.12 contains any virus, Trojan horse, worm or other harmful and/or disruptive material; or
3.5.13 is otherwise illegal under any applicable law.
3.6 The Company cannot and is not required to review the contents of posted and/or uploaded material, nor does the Company confirm the validity and/or legality of information submitted. You acknowledge, agree and understand that by using the Website you may be exposed to material that is inaccurate, untruthful, unreliable, offensive, harmful or otherwise inappropriate or unlawful. The Company hereby notifies you that it does not actively monitor posts and/or uploads by any user on the Website and, as such, the Company is not responsible for and gives no warranty or representation in relation to posts and/or uploads by any user. You acknowledge that the Company has no obligation to pre-screen, monitor, review or edit any material posted and/or uploaded on to the Website by users.
3.7 You are encouraged to bring any material you deem defamatory, offensive, objectionable, illegal or otherwise in breach of these Terms to the attention of the Company by clicking on the “report material” link at the bottom of each page and identifying the specific material that you consider is defamatory, offensive, objectionable or otherwise in breach of these Terms and the reasons you would like it removed. You will be asked to provide sufficient information to permit the Company to contact you and also the user who has posted or uploaded the material in question. You will also be asked to send the Company an email to us at [email protected] containing the same information. Please note that this email address is only monitored during the office hours of the Company, which are from 9am to 5pm GMT from Monday to Friday (excluding any Irish bank holidays or national holidays)]. Any emails received outside these times will not be dealt with until the office re-opens. The Company operates on a “notice and takedown” basis. Once this notification has been received and reviewed, the Company will make all reasonable endeavours to remove the material complained of within a reasonable time.
3.8 The Company accepts no responsibility for or liability for any loss or damage to any user arising out of any material uploaded to or posted on the Website and in particular the Company accepts no liability for any loss or damage to the reputation of any user arising out use of the Website by them or by other users.
3.9 While the Company does not monitor comments and/or uploaded information/material, the Company reserve the right to remove, refuse to publish, edit, cut and/or crop any material posted and/or uploaded on the Website that comes to our attention via a complaint or otherwise. Users who repeatedly flout these Terms and other Policies may be barred from using the Website.

3.10 The Company reserves the right to immediately ban a user and deactivate their account if there has been a breach of these Terms and other Policies. All decisions in relation to these matters are carried out at the Company’s sole discretion.
3.11 The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any material posted and/or uploaded by you on the Website.
3.12 The Company assumes no responsibility for the deletion or the failure to store comments or other information/material posted and/or uploaded on the Website by any user of the Website.
3.13 By posting and/or uploading any material on to the Website, you grant the Company an irrevocable licence to use, modify, publicly perform, publicly display, reproduce, create derivative works, advertise, distribute or otherwise make public such material. You also agree and permit the Company to make use for advertising purposes any pictures or videos or recordings that you may post/upload to the Website. The licence you grant to the Company is irrevocable, non-exclusive, royalty-free and fully-paid, assignable, sub-licensable and worldwide. You also waive to the fullest extent permissible by law any moral rights in any material posted and/or uploaded by you. You are responsible for making sure that you have all rights to what you post and/or upload, including the rights necessary for you to grant the licence above.
3.14 By posting and/or uploading any material on the Website you represent and warrant that:
3.14.1 you own the material posted and/or uploaded by you or otherwise have the right to grant the licence above; and
3.14.2 the posting and/or uploading of the material does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person and/or is otherwise in violation of any applicable law.
3.15 You agree to pay for all royalties, fees, or any other monies owing to any person by reason of any material posted by you.
3.16 The Website and/or material posted and/or uploaded on to the Website may contain links to websites operated by third parties. The Company does not exercise any control or supervision over the content of these linked sites. You acknowledge and agree that the Company is not responsible or liable for the content, availability or accuracy of or for the opinions expressed in these third-party websites and these websites are not investigated, monitored or checked for accuracy or completeness by the Company.
3.17 The Company accept no liability in relation to third-party sites and should you choose to access third party sites you do so at your own risk. Third-party sites linked to via the Website are not covered by these Terms and other Policies and you should not assume that these third-party websites will abide by the same Terms and Policies to which the Company adheres.
3.18 The Company reserves the right to contact you directly to verify the accuracy, ownership and/or legality of any material posted and/or uploaded on the Website.
3.19 The Company is entitled to remove and/or block any user from the Website for any breach of these Terms and/or other Policies of the Company and/or for any other reason whatsoever in cases where the Company deems it appropriate to do so.
3.20 You agree not to modify, adapt, translate, or reverse engineer any portion of the Website, nor to use any robot, spider, or other devices to screen-scrape any portion of the Website or any material from the Website, except as expressly authorised in writing by us.

4 INTELLECTUAL PROPERTY RIGHTS

4.1 All Intellectual Property Rights and other rights of any nature in and to the Website (including but not limited to the website design and the selection and arrangement of the Website and the software relating thereto) and in any and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (content), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Website are owned, controlled or licensed by or to the Company. The Company reserves all rights with respect to its Intellectual Property Rights.
4.2 Save as expressly permitted pursuant to these Terms, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, displayed, modified, create derivative works from, sell or participate in any sale of, encoded, translated, transmitted or distributed or exploit in any way, in whole or in part, without the Company’s prior consent in writing.

5. NO WARRANTY

5.1 The Company gives no warranties of any kind concerning the Website or its content.

5.2 The Company does not give any warranty or make any representation as to the accuracy or completeness of the information contained on the Website or that it complies with any applicable law. The Company, therefore, disclaims all liability and responsibility arising from any reliance placed on such material by any user, or by anyone who may be informed of any of its contents.

5.3 The Company does not warrant that the Website or any of its contents is virus-free. You must take your own precautions against such viruses, as the Company accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties.

6 LIABILITY
6.1 Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation: internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, epidemics, pandemics, quarantine, non-performance of third parties, or loss of or fluctuations in electricity or other utility supply.

6.2 Under no circumstances and in no event shall the Company be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms and Conditions and other Policies) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by the Company or the possibility of it was brought to the Company’s attention.

6.3 You acknowledge that your use of the Website including any material downloaded or otherwise obtained through the Website is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against the Company, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.

7 INDEMNITY

7.1 You agree to indemnify, defend (at the request of the Company) and hold harmless the Company, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

7.1.1 Your access to and/or use of the Site or any part thereof;
7.1.2 The violation of these Terms and/or our Privacy Policy and/or our Cookies Policy by you;
7.1.3 The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Website; or
7.1.4 The infringement by you of any Intellectual Property Rights or any other rights or any third party.

8. INFORMATION SOCIETY SERVICE PROVIDER / INTERMEDIARY SERVICE PROVIDER

8.1 You agree and acknowledge that the Company is an information society service provider and intermediary service provider, within the meaning of Directive 2000/31/EC as transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations 2003 (SI 68 of 2003), and that, where it stores information provided by a recipient of the Service, it is not liable for such information nor is it under an obligation to monitor such information.

9. NO WAIVER

9.1 Any amendment to or waiver of these Terms by the Company must be in writing and signed by our authorized representatives. Failure by the Company to enforce any provision of these Terms of Use shall not amount to a waiver of such provision.

10. SEVERABILITY

10.1 If any provision of these Terms is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

11. AVAILABILITY OF SERVICE

11.1 The Company may, at its sole discretion and at any time discontinue temporarily or permanently the Website or any part thereof with or without notice.

11.2 You agree that any termination of access to the Website under any provision of these Terms may be effected without notice and acknowledge and agree that the Company may immediately delete all related information and files uploaded, posted or relating to you and/or bar any further access by you to the Website.

11.3 The Website may be temporarily unavailable from time to time for maintenance or other reasons. The Company accepts no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

11.4 Where possible, the Company will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to the Website. However, you agree that the Company shall not be liable to you or any third party for any inability to access the Website, termination or suspension of access to the Website or modification of the service provided.

12 ASSIGNMENT

12.1 The Company may assign any or all of its rights under these Terms to any third party. You may not assign any of your rights under these Terms to any third party.

Part B: Terms and Conditions relating to the Services
1. DEFINITIONS
“Company” means Origin Tutors Limited, a company registered in Ireland under number 582094 with registered office at Apartment 124, Block G1, Louisa Park. Station Road, Leixlip, Kildare, W23 F9H0 Ireland.
“Confidential Information” means information (whether or not recorded in documentary form, or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of the Company, its clients students and trade secrets including, without limitation, technical data and know-how relating to the business of the Company,
“Daily Rate” means the fee payable to the Company for each day of Services provided by a Tutor(s), as confirmed by the Company to the Client by email in advance of the relevant tutoring lesson.
“Data Protection Legislation” means the Data Protection (Amendment) Act 2018 and the General Data Protection Regulation (EU) 2016/679) (“GDPR”), and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time and any successor legislation thereto.
“Fee” means the amount payable by the Client to the Company for the Services which is calculated by reference to the Hourly, Daily, Weekly, and/or Monthly Rate as appropriate.
“Home Tuition” means any Services provided by Tutors at the Client’s place of residence or other physical places as mandated by the Client and accepted by the Company.
“Hourly Placements” shall mean an assignment that is intended to last for 60 minutes.
“Hourly Rate” means the fee payable to the Company for each hour of Services provided by a Tutor, as confirmed by the Company to the Client by email in advance of the relevant tutoring lesson.
“Intellectual Property Rights” means all copyrights, patents, design rights, trade secrets, rights in confidential information, trademarks, trade names, domain names, service marks, utility models, moral rights, topography rights, rights in databases and know-how in all cases whether or not registered or registerable and including registrations and applications for registration of any of these rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.
“Invoice” means any invoice or bill issued by the Company to the Client for Fees in respect of Services,
“Monthly Rate” means the fee payable to the Company for each month of Services provided by a Tutor(s), as confirmed by the Company to the Client by email in advance of each relevant tutoring lesson.
“Services” means tuition services provided by a tutor on behalf of the Company as more particularly set out in clause 3.
“Student” means the person who receives the tuition. In some cases, the Client and the Student may be the same person.
“Timesheet” means the record sheet to be provided by the Company to the Tutor and to the Client in such form as is provided by the Company from time to time.
“Tutor” means the person who provides the Services on behalf of the Company.
“Weekly Rate” means the fee payable to the Company for each week of Services provided by a Tutor(s), as confirmed by the Company to the Client by email in advance of each relevant tutoring lesson.
In this Agreement words denoting the singular include the plural meaning and vice versa, and words denoting the masculine include the feminine.
2. The Company
2.1. The Client acknowledges and agrees that the Company is providing a service to him in which the Company, inter alia:
2.1.1. negotiates with the Tutor on the Client’s behalf to agree on the terms on which the Tutor will provide Services;

2.1.2. requests monthly or, when appropriate more regular feedback, from the Tutor and the Client to ensure the quality of the Services provided;

2.1.3. deals with the administration of the payment of the Fee to the Tutor; and

2.1.4. provides general liaison services on behalf of the Client necessary as between the Client and the Tutor.

2.2. The Client accepts that in providing the services described at Clause 2.1 above the Company is acting on behalf of the Client and therefore the Client will accept all requests, instructions and communications from the Company that are made on behalf of the Tutor as if they came from the Tutor directly.

3 Description of Services
3.1 The types of Services to be provided by the Company to the Client include but are not limited to:
3.1.1 Crash Course: A strategic training course which is designed to cover a large amount of information in a limited period of time on one or more subject matter as per the requirement of the Client.
3.1.2 Hourly/Weekly/Monthly Tuition: This Service includes steady and systematic individual or group tuition to the Client offered during the academic semester/year.
3.1.3 Skill Development Courses: This Service offers specialised courses to the Client for developing their personal and professional skills including but not limited to learning foreign languages and developing technical and management skills.
3.1.4 Study Materials: This Service provides study material to Clients to supplement the tutorials and for a better understanding of the relevant subject by the Student. As a separate Service, the Company may also provide other materials which may be of assistance to Students and the Hourly/Daily/Weekly/ Rate for the preparation of such other materials shall be agreed between the Client and the Company and confirmed by the Company at the start of any such assignment. Any and all materials created pursuant to this clause 3.1.4 shall be referred to herein as “the Materials”.
3.2 The Client acknowledges and agrees that any and all of the above Services may, by agreement with the Company, be provided in person, remotely via any medium agreed between the Company and the Client (including but not limited to Yammer, Teams and WhatsApp) and accordingly the Client on his own behalf and on behalf of the Student if different, consents to the audio and/or video recording of the provision of any Service to the Student and/or of the computer screen or part thereof or still therefrom, and by whatever means, in the course of any provision of any Service to the Student (“Recordings”). The Recordings may be used by the Company whether now or in the future in its sole discretion and to be stored for so long as is considered reasonable by the Company. Without prejudice to the generality of the foregoing, the Company shall be entitled to make any Recording available to the Student, on such terms as are agreed with the Client. The Student and/or the Client is not permitted to record the provision of the Services or any tutorial.
3.3 All Intellectual Property Rights in the Recordings shall vest in the Company to the fullest extent permissible by law and if so requested by the Company the Client shall, and shall procure that the Student shall do such activities and things as the Company considers necessary to ensure that such Intellectual property Rights vest in the Company.
4 Mode of Payment
All sessions must be paid for in advance by such date as is specified in the Invoice unless otherwise agreed with the company accepts the following forms of payment methods:
4.1 Cash – Tutors are not authorised to accept cash payments except by prior written agreement between the Client and the Company. If a Tutor offer to accept or requests a cash payment the Client should immediately notify the Company. If a Client wishes to discharge an Invoice with a cash payment such payment must be made in person at the office of the Company.

4.2 PayPal – The Company accepts payment of any Invoice via PayPal. Payment should be made to the Company’s PayPal username [email protected]m . To utilise the PayPal option, the Client must have a valid PayPal account.

4.3 Wire Transfer – Payment of Invoices may be effected by telegraphic transfer to the bank account specified on the Invoice. The Invoice number should be quoted on all transfers to ensure correct allocation of the payment.

4.4 Credit/Debit Card – Payment of Invoices may be effected by Debit/Credit card as per the instructions on the Invoice.
5 Payment and Cancellation Policies
5.1 For Hourly Placements, it is agreed that the Client has the right after the first lesson to elect in its sole discretion and without assigning any reasons therefor, not to have any further Services provided by that particular Tutor. In such circumstances, the Client will be reimbursed for this session. It is expressly acknowledged that this concession is not applicable to any other Service provided by the Company, for which the Company will have no obligation to reimburse.

5.2 It is agreed that all payment arrangements with the Tutor shall be handled by the Company.

5.3 The Client shall not approach or discuss with the Tutor directly in relation to fees or the payment thereof. Should a Tutor raise the issue of fees or rates or payment with the Client, the Client shall direct the Tutor to the Company and also inform the Company.

5.4 The Client agrees that payment can only be made directly by him to the Tutor(s), with the prior written consent of the Company.

5.5 Interest shall be charged on any Fees which are outstanding from the Client for more than 14 days. The Company shall be entitled to charge interest at the rate of 1% above the Ireland 3 month Interbank rate. per month or part of a month on all outstanding Fees from the due date until payment is received.

5.6 If a Client cancels a scheduled lesson with less than 12 hours prior notice (whether written or oral), then the Company may in its discretion may charge the Client in full for the scheduled lesson.

5.7 The Company will set out an estimate of the Fees to be charged for any Services in advance of the Services being provided which estimated must be agreed by the Client in writing prior to the commencement of any Services. In the event of any additional Services being requested by the Client and/or provided by the Company, further Fees may be incurred. A supplementary estimate will be furnished to the Client in advance of any such additional Services being provided.

5.8 The Client agrees to inform the Company if there are any required additions, corrections and/or changes to any Materials provided by the Company within 48 hours of their receipt by the Client. Any request thereafter will be considered a request for additional Services and may incur additional Fees.
6 Client’s Responsibilities
6.1 The Client agrees that the Tutor shall not be held responsible for chaperoning or caring for minors or guarding property and household effects whilst providing Services.
6.2 The Client agrees to treat the Tutor in a fair and respectable manner at all times.
6.3 The Client acknowledges that the Tutor does not make any guarantees regarding the Student’s future academic performance or exam success.
6.4 The Client agrees to provide, if requested by the Company, written confirmation of the date, time and duration of any Services provided hereunder.
6.5 The Client agrees that, in the event of any dispute between Client and Tutor, the client acknowledges and agrees that it shall not be liable for any loss, liability, costs (including legal costs), claim, expenses or damages arising out of or in connection with this dispute.
6.6 Without any admission of liability, the Company can try to mediate any such dispute arising between a Student and a Tutor but offers no guarantees in this regard. The Client may contact the Company if it requires assistance in this regard.
6.7 The Client agrees that all Intellectual Property Rights in any and all Materials provided to the client or Student are the property of the Company and without prejudice to the generality of the foregoing, the Client and the Student shall only be entitled to use the Materials for the purpose of private study hereunder and the Company shall not be responsible for any misuse of the Materials by the Student or Client.
6.8 The Client agrees to acknowledge the receipt of the Materials.
6.9 At the end of every session the client shall arrange for the Timesheet to be completed and signed.
7 Company’s Responsibilities
7.1 In exchange for the Fee, the Company agrees to make a Tutor available to provide the Services that the Client has agreed to acquire, at such times as are mutually convenient. If at any time a replacement Tutor is necessary, the Company will make all reasonable efforts to provide one but if it unable to do so for any reason, it will refund the Client the fee attributable to the session.
7.2 that the Company shall make all reasonable efforts to ensure that any Tutor provided by the Company shall provide the Services to a standard equivalent to the standard provided in the industry. In particular, the company shall make all reasonable efforts to ensure that the Tutor:
7.2.1 is punctual;
7.2.2 is presentable and dressed in an appropriate and respectable manner;
7.2.3 is polite, diligent, and helpful; and
7.2.4 does any necessary preparation for each tutoring session.
7.3 If for any reason the Tutor is delayed the Company will make all reasonable efforts to ensure that the Client is contacted and the Company shall ensure that the Tutor makes up this lost time where appropriate by staying longer than the allocated tuition session or by making it up in the next session. No refunds will be provided.
7.4 The Company shall keep the Client informed of any issues or problems with each Student taught, as and when they develop.
7.5 The Company has advised each Tutor that they must not to smoke and/or drink alcohol vape or engage in the taking of any drugs during an assignment or within the vicinity of the tutoring placement or smell of smoke or alcohol.

7.6 The Company shall provide to the Client such details about the Tutor such that there can be contact between the Client and the Tutor to enable them to liaise as to the agreed hours of Tuition and of any cancellations thereto.
7.7 The Company shall, at the request of the Client, provide any reports and/or information as to the Student’s performance as are available

8 Data Protection
8.1 The Company will use the information provided by the Client to deal with the administration of the Services and to assist in placing the student with suitable Tutor(s). The Company may disclose the Client’s and Student’s information for this purpose to Tutor(s).

8.2 Without prejudice to the generality of clause 8.1 above, each of the Parties hereto acknowledges that in the course of the provision of or receipt of the Services, as appropriate, it may process personal data within the meaning of the Data Protection Legislation (the “DPA”). In such circumstances:
8.2.1 The recipient of such information acknowledges that it will only process such personal data in accordance with the instructions of the other and solely as strictly necessary for the performance of its obligations under these terms and will not pass such information to any third party without the prior written consent of the Company;
8.2.2 each party shall implement such technical and organisational security measures as are required to comply with its obligations under the DPA;
8.2.3 In the event of unauthorised disclosure of personal or similar information, including personally identifiable information provided by the Company and/or a Tutor, resulting from a breach, or potential breach, of security of any system, website, database, storage medium or other facility used or otherwise maintained by or on behalf of the Client, the Client shall provide notice of same to the Company within 24 hours of becoming aware of same and shall fully indemnify the Company against all liability, damages, demands losses, claims and costs(including legal costs) and expenses which the Company and/or a Tutor may suffer or incur as a result of such authorised disclosure. The Client shall provide all assistance to the Company as may be requested in dealing with the unauthorised disclosure;
8.2.4 The Client shall promptly notify the Company if it receives a request from or on behalf of a Tutor or on their behalf to access, correct or delete that person’s data or if they object to processing. The Client shall not respond to such a request, other than to acknowledge it, without the prior written consent of the Company.

9 Force Majeure
9.1 Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
9.2 The affected party shall promptly notify the other party of the estimated extent and duration of such inability to perform its obligations and upon the cessation of the event of Force Majeure; the affected party shall notify the other party of such cessation.
9.3 If the event of Force Majeure shall continue for more than 60 days then either party shall have the right to terminate this Agreement on written notice to the other party
10. Confidential Information
10.1 The Client covenants and agrees at all times during and after his provision of the Services to keep secret and confidential and not disclose to others or appropriate to his own use or the use of others the Confidential Information whether such information is designated as such or not. This clause is subject to the proviso, however, that any disclosure compelled by law or legal process does not constitute a breach or violation of this clause, and neither shall any information be deemed confidential or secret for purposes of this Agreement if it can be shown by documentary evidence to the satisfaction of the Company as being in the public domain. For the avoidance of doubt, this clause shall continue in force notwithstanding termination of this Agreement.

11 Marketing
The Company may wish to contact the Client by text message, email, post, telephone or in-person about tutoring related products or services which may be of interest to the Client. For the avoidance of doubt, the Company will not sell or provide personal data to third parties for direct marketing use. The Company will not use personal data to market non-teaching/academic-related products or services. To opt-out of this notification service, please click here.

12 Changes
The Company reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is a material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13 Termination
13.1 The Company may terminate its arrangements with the Client at any time:
13.1.1 if the Client commits a serious or material breach of any of its obligations to the Company;
13.1.2 if the Client repeatedly commits minor breaches of obligations to the Company;
13.1.3 if the Client acts in such a way as to discredit the Company;
13.1.4 if the Client or the Student fails to attend a session without adequate explanation or repeatedly fails to attend sessions;
13.1.5 if the Client or any Student acts in any way which is considered by the Company to be disrespectful to a tutor.
13.2 Any such termination is without prejudice to the Company’s accrued rights hereunder.

14. Limitation of Liability
14.1 The Company expressly disclaims to the fullest extent permitted by applicable law any and all warranties of merchantability and fitness for a particular purpose of the Services and/or the Materials. In particular, no representation or warranty, whether express or implied, is made in relation to the accuracy, reliability or otherwise of any Services or Materials provided or that they will meet your requirements or expectations or that they do not infringe any rights of third parties.

14.2 Any liability of the Company whether under these terms or otherwise shall to the extent permitted by applicable law be limited to the amount of the Fees paid by the Client and the Company shall not be liable for any loss of data, lost profits, consequential loss, or any other damages or losses howsoever occasioned including, without limitation, losses resulting from the use of or from the inability to avail of the Services or the Materials.
14.3 All implied terms and conditions are hereby excluded to the fullest extent permitted by law.

Contact Us
If you have any questions about these Terms, please contact us at [email protected] or by calling at +353 14456969 (alternatively, +353 868682323).

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