1.1 The Dartford Excelsior Website helps Students to find Tutors, Tutors to market their services, and for Students to book and pay for Lessons. All of these terms and conditions apply to Students and Tutors, unless they specifically state otherwise, or are marked with a “T”, when they only apply to Tutors. Clause 5 only applies to Tutors. These terms and conditions replace any previous versions of them.
1.2 The Dartford Excelsior Website is owned and operated by Excelsior Education Limited, trading as Dartford Excelsior. Dartford Excelsior is a limited liability company registered in England and Wales under company number [***]. Dartford Excelsior’s registered office is at [***]. Dartford Excelsior’s other contact details are set out on the Website, which is at https://dartfordexcelsior.com.
1.3 A User may register on the Website as a Student or as a Tutor. A User may use the Website without registering, but if a User does register, certain information will be stored, making future visits to the Website easier.
1.4 By registering on or using our Website, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every User should read them fully before agreeing to them. (Please print or save these terms for future use as Dartford Excelsior will not keep a file copy specifically for the User and Dartford Excelsior cannot guarantee that they will remain accessible on the Website in future.) If a User does not wish to be bound by these terms, they should not use the Website.
1.5 (“T”) Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.
1.6 Certain words are defined in clause 16 (Definitions) of these terms and conditions and are capitalised throughout.
2. Dartford Excelsior Rights & Responsibilities
This clause sets out what Dartford Excelsior promises to do:
2.1 To help Tutors and Students to meet by allowing Tutors to advertise their professional tuition services on the Website, and Students to book and pay for Lessons
2.2 To maintain a functioning Website, including communication systems, a booking platform and Online Classroom, wherever possible. Dartford Excelsior cannot guarantee that the Website will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Website might need to be taken offline for maintenance purposes.
2.3 To communicate any planned maintenance of the Website or downtime.
2.4 To use reasonable endeavours (which means to try hard!) to keep the Website free from viruses and worms.
2.5 To use reasonable endeavours to check the identity of all Tutors and the background checks of Tutors who have Background Checked Status. (But if a Student is concerned about any Tutor, do not meet a Tutor alone.)
2.6 To decide when a Tutor’s profile is sufficiently complete to be set live on the Website and be accessible by other Users.
2.7 To communicate new Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Website and by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communication).
2.8 To endeavour to ensure that each Student’s payment of Lesson Fees and the payment of each Tutor’s Tutor Fees are processed promptly and usually within 9 days of a Lesson, when there is no Complaint or Failed Payment.
2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.10 To endeavour to ensure that refunds to Students are made promptly in accordance with these terms and conditions.
2.11 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
2.12 To take precautions Dartford Excelsior considers appropriate to protect Students’ and Tutors’ information.
2.13 To monitor postings made on the Website and messages sent between Students and Tutors. Dartford Excelsior does so in the hope of helping Students and Tutors meet, but also to stop misuse of the Website, as set out in these terms and conditions.
3. User Responsibilities – this applies to both Students and Tutors, and anyone else who uses the Website
3.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.
3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.
3.3 Users must immediately report to Dartford Excelsior any defamatory, offensive or illegal material they view on the Website.
3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Dartford Excelsior cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.
3.5 Users must contact Dartford Excelsior immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Dartford Excelsior that they believe their password has been compromised.
3.6 Users must not use the Website with the intention of engaging directly with other Users outside of the Dartford Excelsior environment. Users must not promote opportunities or services of any company other than Dartford Excelsior on the Website.
3.8 Any User who fails, in Dartford Excelsior’s opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. Dartford Excelsior reserves the right to cancel any existing bookings in such circumstances.
4. Student Responsibilities
4.1 Dartford Excelsior is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
4.2 Students must be at least 18 years old to book a Tutor for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via Dartford Excelsior. Dartford Excelsior is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
4.3 Students must ensure that all of their personal details and contact information are accurate and up-to-date. Dartford Excelsior will contact Students by email.
4.4 When a Booking is made more than 24 hours in advance of the start time of the first Lesson, Students have up to 12 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking. When a Booking is made within 24 hours of the start time, Students have up to 2 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking.
4.5 To confirm a Booking for their first Lesson with a Tutor, the Student must enter, or have already entered, valid payment details on the Website.
4.6 By confirming their Booking for their first Lesson with a Tutor, the Student authorises the Tutor to make further Bookings on their behalf and authorises Dartford Excelsior to take payment of its Platform Fee and to take, as agent for the Tutor, payment of the Tutor Fee for each Lesson (which combine to form the total Lesson Fee), in accordance with these terms and conditions. Further Bookings made by a Tutor on behalf of a Student after the first Lesson will, therefore, be confirmed automatically.
4.7 When a Booking is confirmed, the Student enters into a direct contract with the Tutor for the provision of Lessons and Dartford Excelsior accepts no liability in relation to the Tutor’s provision of lessons.
4.8 When a confirmed Booking exists, the Student must ensure that they have a valid debit/credit card registered on the Website, with sufficient funds to cover the Booking.
4.9 Students agree not to circumvent or disintermediate, or attempt to circumvent or disintermediate, Dartford Excelsior in any way at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor (the “Student Restriction Period”) and that, save where Dartford Excelsior has barred the Student or Tutor in accordance with clause 4.14, all future Lessons within the Student Restriction Period with a Tutor found through the Website will be booked through Dartford Excelsior.
4.10 Students must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student’s home, the Student must provide a suitable setting for tuition.
4.11 Students must use their own judgement about the services of Tutors detailed on the Website. Although Dartford Excelsior undertakes certain checks to assess the suitability of each Tutor prior to setting their profile live on the Website, Students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a Booking.
4.12 Students are responsible for checking that Bookings made by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email (except where a student has chosen to alter their notification settings to exclude email communications) and through the Website only.
4.13 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Dartford Excelsior failing to provide the services outlined in clause 2.2 of these terms and conditions.
4.14 Any Student who fails, in Dartford Excelsior’s reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website and any related services. Dartford Excelsior reserves the right to cancel any existing Bookings in such circumstances.
4.15 Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than 24 hours’ notice.
4.16 Nothing in these terms and conditions affects a Student’s statutory rights.
4.17 Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
4.18 Subject to paying for any Bookings used, a Student may cease to use the Dartford Excelsior service at any time.
4.19 Students agree to not use any means to record lessons separately to Dartford Excelsior. This includes storing or sharing them.
5. Tutor Status and Responsibilities
5.1 Tutors are not employees of Dartford Excelsior and are solely responsible for their own actions both on and off the Website.
5.2 Tutors must be at least 18 years old.
5.3 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.
5.4 If Tutors contact Students who are under 18, they must ensure that these Students are represented by a parent or legal guardian who gives consent for the Student to receive tuition.
5.5 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.
5.6 Tutors must disclose any criminal convictions or cautions they may have to Dartford Excelsior, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.
5.7 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.
5.8 Any Tutor who, in Dartford Excelsior’s opinion, fails to comply with these terms and conditions may be immediately barred from using the Website and related services. Dartford Excelsior reserves the right to cancel any existing Bookings at any time in such circumstances.
5.9 Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
5.10 Tutors are responsible for setting their own Tutor Fee. They must not undercut Dartford Excelsior and must, therefore, set their Tutor Fee on the Website for an amount which is as good as the fee they offer to students outside of Dartford Excelsior.
5.11 Tutors agree that they will be ranked on the Website based on a mixture of profile data, Student ratings and number of Lessons taught. Positive Student ratings, prompt messaging, repeat Bookings and a greater amount of Lessons taught will contribute to Tutors being ranked higher on the Website’s search engine results. Dartford Excelsior reserves the right to change the way Tutors are ranked at any time.
5.12 Tutors should make Bookings for Lessons and respond to messages received from Dartford Excelsior and Users promptly.
5.13 For any meetings (including lessons, trials or assessing student need) with a Student found via Dartford Excelsior’s Website, Tutors must make a Booking to account for this time using the Website. Tutors agree not to solicit Students or disintermediate Dartford Excelsior, or attempt to solicit Students or disintermediate Dartford Excelsior, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student (the “Tutor Restriction Period”).
5.14 Tutors must only make Bookings for Lessons in accordance with the instructions of their Students. If Tutors make Bookings for additional Lessons which they fail to deliver, they will be liable to refund to the Student directly any Tutor Fee they have received for any such Bookings.
5.15 Tutors must attempt to call the student, be able to provide evidence of the call and allow at least 15 minutes from the scheduled start time of a Lesson for Students to attend the Lesson. If Tutors fail to do so, they will be liable to refund to the Student any Tutor Fee they have received for the relevant booking.
5.16 Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
5.17 Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons takes place via the Website.
5.18 Tutors shall indemnify Dartford Excelsior for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.
5.19 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. Tutors will be liable to refund any fees received for an Online Lesson in the event that they are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Dartford Excelsior failing to provide the services outlined in clause 2.2 of these terms and conditions.
5.20 Tutors are responsible for ensuring that they have the correct Lesson location and are at the Lesson location ready to teach at the agreed time as booked on the Website. Tutors who are late for a Lesson must provide evidence that they contacted the Student directly to make them aware of their lateness and that the Student was happy to take the Lesson at a later time. Any Tutors who fail to do so will be liable to refund to the Student any Tutor fee they have received for the relevant booking.
5.21 Users acknowledge that all lessons participated in may be recorded and agree to the storage and use of such recordings by Dartford Excelsior.
5.22 Tutors acknowledge and agree to recordings being shared with students.
6.1 The Lesson Fee payable by a Student for a Lesson will be displayed on the Website at the time of confirming a Booking. The Lesson Fee will also be displayed on the Student’s lessons dashboard on the Website, in Lesson reminder emails and, following Lessons, in emails confirming receipt of payment.
6.2 A Lesson Fee is the combination of the Tutor Fee, which will be collected by Stripe on behalf of Dartford Excelsior, and Dartford Excelsior’s Platform Fee. All fees include any applicable VAT or other sales tax.
6.3 The Platform Fee is payable by the Student in exchange for the provision of the services listed in clause 2 of these terms and conditions. The Platform Fee will be determined based on the number of hours of Lessons taught by the Tutor prior to the Lesson.
6.4 (“T”) A Tutor’s fee for a Lesson will represent 75-85% of the Lesson Fee due for that Lesson (the “Tutor Fee”). The percentage of the Lesson Fee that represents the Tutor Fee, received by Dartford Excelsior as agent for the Tutor, will be determined based on the number of hours of Lessons taught by the Tutor prior to the Lesson, as set out on the Website.
6.5 The Student authorises Dartford Excelsior to instruct Stripe to charge their credit/debit card 24 hours after the scheduled end time of each Lesson for the Lesson Fee attached to the relevant Booking.
6.6 If any Student cancels a Booking less than 24 hours before the relevant Lesson is due to commence, payment may be taken less than 24 hours after the Lesson is due to end.
6.7 If any Student makes a Complaint (claiming for a Missed Lesson, raising a refund request, or making a claim against Dartford Excelsior’s 100% satisfaction guarantee), charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with these terms and conditions.
6.8 For Online Lessons, Students will be charged the full Lesson Fee, provided the Tutor attended the Online Classroom for at least 15 minutes from the Lesson’s scheduled start time. No charge will be made to the Student if a Tutor does not attend for at least the first 15 minutes of a Lesson and, therefore, give the Student sufficient opportunity to attend.
6.9 If a Lesson does not take place because a Student does not attend (whether in person or via the Online Classroom, as applicable), the Student will be charged the full Lesson Fee.
6.10 Payment processing services on Dartford Excelsior’s Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as a Tutor on Dartford Excelsior’s Website, the Tutor agrees to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Tutor agrees to provide Dartford Excelsior with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises Dartford Excelsior to share with Stripe such information and transaction information related to Tutor’s use of the payment processing services provided by Stripe.
6.11 Stripe normally transfers a Tutor’s Tutor Fee from the Tutor’s Stripe connected account to the Tutor’s nominated account within 9 days following a Lesson, provided the relevant ID has been provided and passes Stripe’s verification process.
6.12 Tutor’s earnings may be held in Escrow until Stripe’s verification requirement is completed.
7. Cancellations (Updated to reflect changes coming into effect 18th November 2022)
7.1 A Student may cancel a Booking at any point before the scheduled start time of a Lesson.
7.2 A Student may only cancel a Lesson by cancelling the relevant Booking on the Website. Cancellations made through direct contact with the Tutor, such as by text or phone, and not through the Website, may result in charges still being made to a Student’s account.
7.3 Cancellations made 24 or more hours before a Lesson is due to commence will incur no charge.
7.4 When a Booking is cancelled by a Student less than 24 hours before a Lesson is due to commence, Dartford Excelsior leaves it to the Tutor’s discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student either 50% or 100% of the Lesson Fee, as displayed at the time of confirming their Booking. Unless instructed otherwise by the Tutor, Dartford Excelsior will, as the Tutor’s agent, automatically instruct Stripe to charge the Student 50% of the Lesson Fee and payment will be processed in accordance with these terms and conditions.
7.5 Cancellations by a Student or by the Tutor on behalf of the Student made less than 6 hours before a Lesson is due to commence will incur an additional Late Cancellation Handling Fee of £5 payable by the Student if the Tutor chooses to charge 50% of the Lesson Fee, or if the Tutor chooses to not charge. The Late Cancellation Handling Fee is payable by the Student and payment will be automatically processed within 48 hours of the end time of the cancelled Lesson.
7.6 No Late Cancellation Handling Fee will be charged if the Tutor chooses to charge 100% of the Lesson Fee so Students will never pay more than the Lesson Fee when cancelling a Lesson.
7.7 The Late Cancellation Handling Fee will not be charged in the event of a Tutor cancelling a Lesson less than 6 hours before a Lesson is due to commence and where the cancellation reason provided shows that the Tutor is not cancelling on behalf of the Student.
7.8 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly via the Website and cancel the Booking on the Website. In the event of a Tutor cancelling a Booking where the reason given shows that they are not cancelling on behalf of the Student, the Student will not be charged any Lesson Fee or, if the Student has paid the Lesson Fee, will receive a full refund.
7.9 Bookings cannot be cancelled after the Lesson has started. Lessons which are not cancelled by the Student before the start time but are not attended by the Student will be charged at their full price. If there are extenuating circumstances surrounding the Lesson cancellation then a full refund may be made at the discretion of the Tutor and Dartford Excelsior.
8. Rules of Dartford Excelsior Credit
8.1 Credit will be awarded to the referee once their account has been set up.
8.2 Credit will be awarded to the referrer after the referee has attended their first paid lesson.
8.3 Referrers must be existing Dartford Excelsior registrations. Referees must not have already registered with Dartford Excelsior.
8.4 In the event of a referee booking but not attending their lesson, credit will not be added to the referrer’s account. If credit has previously been awarded it will be cancelled.
8.5 Credit will not be awarded if the referee books a free video chat. Credit can only be earned for a paid lesson.
8.6 Referees and referrers are responsible for any tax implications that may arise from receiving credit.
8.7 Dartford Excelsior reserves the right to suspend referees or referrer if we feel the referral methods are inappropriate.
8.8 Dartford Excelsior credit cannot be exchanged for cash or cash equivalents.
8.9 Any credit awarded will be valid for 3 months. If credit is unused for either the referee or referrer after this period it will expire.
8.10 Dartford Excelsior reserves the right to cancel any credit awarded in the event of suspicious activity of either the referee or referee.
8.11 Our decision around whether a referee or referrer is entitled to credit is final and binding.
8.12 Dartford Excelsior reserves the right to change the terms and conditions regarding the rewarding of credit or suspend the credit referral program at any time for any reason.
9. Missed Lessons and Complaints
9.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Website) or a claim about quality (where the Student feels that the service provided by a Tutor falls below the standards they reasonably expected).
9.2 A Student should inform Dartford Excelsior of a Complaint by either chat or email within 96 hours after the scheduled finish time of the relevant Lesson.
9.3 When a complaint has been received from a student, Dartford Excelsior will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.
9.4 Should a Student inform Dartford Excelsior of a complaint within 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Dartford Excelsior through the Website of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint through the Website within 48 hours of being notified of the complaint, Dartford Excelsior, as the agent of the Tutor, will instruct Stripe to process a full refund to the Student of the Tutor Fee. Dartford Excelsior reserves the right, as a goodwill gesture, to instruct Stripe to process a refund of the Platform Fee for the Booking related to the Lesson the complaint is regarding. Dartford Excelsior will promptly inform the Student of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.
9.5 Should a Student inform Dartford Excelsior of a complaint more than 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Dartford Excelsior by chat or email of their desire to uphold the complaint (and authorise Dartford Excelsior on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact Dartford Excelsior within 48 hours to uphold the complaint, Dartford Excelsior, as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their complaint and reject the associated refund request.
9.6 Should the Student and Tutor not reach an amicable agreement regarding a complaint, the Student is entitled to make a claim against the Tutor in relation to the complaint. As set out in clause 8.7, Dartford Excelsior accepts no liability in relation to complaints and the services provided by a Tutor.
9.7 Should Dartford Excelsior find that a Missed Lesson occurred due to any failure of Dartford Excelsior to meet the terms set out in clause 2 of these terms and conditions, Dartford Excelsior will refund the Student any Platform Fee paid.
9.8 Dartford Excelsior reserves the right to offer any Student, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at Dartford Excelsior’s discretion.
10. 100% Satisfaction Guarantee
10.1 To reflect Dartford Excelsior’s confidence in the matching service provided, Dartford Excelsior will, as a gesture of goodwill, pay a Student who qualifies for the 100% satisfaction guarantee an amount equal to the lesser of the cost of the Initial Lesson (as defined in clause 9.2) or the cost of the Replacement Lesson (as defined in clause 9.2) up to a maximum of £100.
10.2 To qualify for this satisfaction guarantee, the Student must: i) notify Dartford Excelsior that they are unhappy with their first Lesson for which there is a Booking on the Website (the “Initial Lesson”) by email or chat within 48 hours of the Lesson’s scheduled finish time, giving their reasons for their dissatisfaction (Dartford Excelsior will then note eligibility for the 100% satisfaction guarantee on the Student’s account); ii) independently find a new, replacement Tutor, with whom they must book, confirm, take and pay for a Lesson on the Website (the “Replacement Lesson”); and iii) contact Dartford Excelsior by email or chat within 48 hours of the Replacement Lesson’s finish time.
10.3 Dartford Excelsior reserves the right to determine whether a valid claim of dissatisfaction Stands.
10.4 Before any payment is made to a Student under the terms of this satisfaction guarantee, payment for the Initial and Replacement Bookings must have been received by Dartford Excelsior.
10.5 Dartford Excelsior will only offer the 100% satisfaction guarantee if the Replacement Lesson is completed within 12 months of the Initial Lesson (and not any later Lessons).
10.6 The satisfaction guarantee is limited to one claim per Student.
10.7 Where a Student is noted as eligible for the 100% satisfaction guarantee or a goodwill payment is made, Dartford Excelsior will, as agent for the respective Tutors, ensure that Tutor Fees for the Initial and Replacement Lessons are passed on to them.
10.8 Dartford Excelsior reserves the right not to make the goodwill payment if the Student has failed to comply with any of these terms and conditions.
11. Failed Payments
11.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Dartford Excelsior, has been unable to make a successful charge against the payment details provided by the Student.
11.2 In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Lesson, the Student authorises Dartford Excelsior to automatically instruct Stripe to retry the charge.
11.3 The Student can also give Dartford Excelsior consent by chat, email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.
11.4 As the agent of the Tutor, Dartford Excelsior reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Student who has an outstanding Failed Payment (including for a Student who has an outstanding Failed Payment for a Booking with another Tutor)
11.5 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, Dartford Excelsior will cancel all of the Student’s further Bookings and inform the Tutor by SMS that Stripe has been unable to collect payment on their behalf. The Tutor must not make any further Bookings for Lessons with the Student until the Failed Payment has been settled by Stripe making a successful charge for the full Lesson Fee.
11.6 As the agent of the Tutor, Dartford Excelsior may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and/or phone.
11.7 The Student accepts that Dartford Excelsior reserves the right to pass bad debts for Dartford Excelsior’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected.
11.8 Dartford Excelsior will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.
11.9 Dartford Excelsior without obligation, reserves the right to pay the Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Dartford Excelsior.
12. Child Protection
12.1 Dartford Excelsior seeks to provide the best service possible and provide a safe experience in which children can learn.
12.2 Any User who is the parent of a child under the age of 18 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.
12.3 All Tutors must comply with the The Tutors’ Association Child Protection Policy, whether or not they are a member of The Tutors’ Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf
12.4 If any User has a concern regarding child protection, they should contact Dartford Excelsior immediately.
12.5 Dartford Excelsior’s designated Child Protection Officer is Kerrie Knowles.
13. Disclaimers and Limitation of Liability
13.1 Nothing in these terms and conditions in any way limits or excludes Dartford Excelsior’s liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
13.2 All Users must give Dartford Excelsior a reasonable opportunity to remedy any matter for which Dartford Excelsior is potentially liable before incurring any costs remedying the matter themselves.
13.3 Dartford Excelsior shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:
there is no breach of a legal duty of care owed by Dartford Excelsior or by any of its employees or agents;
such loss or damage was not reasonably foreseeable by both parties; or
such loss or damage is caused by the User, for example by not complying with these terms and conditions.
13.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage Dartford Excelsior suffers arising from the User’s breach of these terms and conditions or misuse of the Website (subject of course to Dartford Excelsior’s obligation to mitigate any losses).
13.5 The following clauses apply only if the User is not a consumer:
To the extent allowed by law, the User and Dartford Excelsior exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to Dartford Excelsior includes its employees and agents.
Dartford Excelsior’s liability of any kind (including in respect of its own negligence) with respect to the Website for any one event or series of related events is limited to £100 or the total Platform Fees paid by the User in the 12 months before the event(s) complained of, whichever is higher.
In no event (including Dartford Excelsior’s negligence) will Dartford Excelsior be liable for any:
economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data (even if Dartford Excelsior has been advised of the possibility of such losses).
the User will indemnify Dartford Excelsior against all claims and liabilities directly or indirectly related to the User’s use of the Website and/or breach of these terms and conditions.
These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
14. Classes – Student responsibility
14.1 Students must be at least 18 years old to book a class for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to enrol in a class delivered by Dartford Excelsior. Dartford Excelsior is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
14.2 Cancellations: Students may cancel any class, without incurring any charge, by giving more than 72 hours’ notice.
14.3 When a Booking is confirmed, the Student enters into a direct contract with the Tutor for the provision of the class and Dartford Excelsior accepts no liability in relation to the Tutor’s provision of sessions.
14.4 If a student is unable to attend one or more of the sessions, no partial refunds will be given for sessions not attended.
14.5 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online class. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Dartford Excelsior failing to provide the services outlined in clause 2.2 of these terms and conditions.
14.6 Refunds may be subject to Dartford Excelsior’s discretion.
14.7 Students acknowledge that all classes and therefore class sessions participated in may be recorded and agree to the storage and use of such recordings by Dartford Excelsior.
15. Classes – Tutor responsibility
15.1 Tutors agree that Dartford Excelsior reserves the right to cancel a class ahead of commencement, by giving the Tutor 24 hours notice.
15.2 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online class.
15.3 If a Tutor is unable to attend one or more of the sessions scheduled, they should give Dartford Excelsior 24 hours notice ahead of the session.
15.4 Tutors agree that Dartford Excelsior reserves the right to withhold payment for classes which are not completed.
15.5 Tutors agree to adhere to the submitted schedule of learning, as approved by Dartford Excelsior.
15.6 Tutors agree to only use the classroom provided by Dartford Excelsior for their classes, and in the event of classroom issues will contact Dartford Excelsior immediately for an alternative classroom.
15.7 Tutors acknowledge that all classes and therefore class sessions participated in may be recorded and agree to the storage and use of such recordings by Dartford Excelsior.
16. Intellectual Property
16.1 When submitting material to Dartford Excelsior, Students and Tutors also grant to Dartford Excelsior a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
16.2 You are responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use via the website or the Service.
16.3 You agree to not use the service to email or upload any content that:
infringes any copyright, intellectual property or other proprietary rights of any party
you do not have a right to upload under any law or under contractual or fiduciary relationships
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
poses or creates a privacy or security risk to any person
constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable
in the sole judgment of Dartford Excelsior, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Dartford Excelsior or its users to any harm or liability of any type
16.4 Dartford Excelsior reserves the right to investigate and take appropriate legal action against anyone who, in Dartford Excelsior’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
16.5 You agree to grant Dartford Excelsior permission to use any images you have independently created and uploaded on our site for any use, including marketing or promotional purposes, without restriction, prior notice or compensating you in any way.
17. Changes to these terms and conditions
17.1 Dartford Excelsior may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.
18. Governing Law & Jurisdiction
18.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
18.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
19.1 “Booking” means the booking attached to an individual Lesson on the Website.
19.2 “Complaint” means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a tutor introduced by Dartford Excelsior, or, that there was a Missed Lesson.
19.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website.
19.4 “Background Checked Status” means a Tutor displaying the ‘I have a background check’ badge on their profile page on the Website. Background checks must have been awarded within 2 years of the date on which a Tutor creates an account on the Website, and within 3 years at any point in time thereafter. Within these time frames, background checks will be accepted if they are an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland. Dartford Excelsior cannot verify any claim made by Tutors within their profile or in any of other communication which relates to them having a valid background check other than through the awarding of the “Background Checked Status”.
19.5 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Dartford Excelsior, has been unable to make a successful charge against the payment details provided by the Student.
19.6 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.
19.7 “Lesson Fee” means the combination of the Tutor Fee and the Platform Fee.
19.8 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.
19.9 “Online Classroom” means Dartford Excelsior’s own online lesson space which is made available to Users at the time of booked Online Lessons.
19.10 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through Dartford Excelsior’s Online Classroom.
19.11 “Platform Fee” means the fee charged by Dartford Excelsior to Students for the provision of Dartford Excelsior’s services.
19.12 “Review” means any review, comment or rating.
19.13 “Stripe Terms” means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.
19.14 “Student” means a User who has registered a student account on the Website. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or guardian.
19.15 “Student Restriction Period” means, as defined in clause 4.9, being at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor.
19.16 “Tutor” means a User who has registered a tutor account on the Website.
19.17 “Tutor Fee” means that part of the Lesson Fee which is collected by Dartford Excelsior as agent for the Tutor as described in clause 6.4.
19.18 “Tutor Restriction Period” means, as defined in clause 5.13, being at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student.
19.19 “Dartford Excelsior” means the company Excelsior Education Limited (company no. 09370702) trading as Dartford Excelsior with its registered office address at Dearing House, 1 Young Street, Sheffield, S1 4UP.
19.20 “User” means a person who uses our Website (whether or not they have registered an account with us).
19.21 “Website” means the website on the domain https://tutora.co.uk or https://Dartford Excelsior.co.uk.
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