This user agreement (“User Agreement”) is a contract between you and Tutor In Limited, which operates the www.twosigmas.com website (“our site”). Please read the terms and conditions set out below carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of the User Agreement for future reference. Your attention is particularly drawn to the provisions of clause 9 and clause 23. By using our site, you confirm that you accept this User Agreement and that you agree to comply with the terms and conditions of this User Agreement. If you do not agree to any of these terms and conditions, you must not use our site.
www.twosigmas.com is a site operated by Tutor In Limited (“we”, “us”, “our”). We are a limited company registered in England and Wales under company number 8577728 and have our registered office at C P C 1 Capital Park, Fulbourn, Cambridge CB21 5XE.
2.1 The terms “you” and “your” refer to anyone accessing our site for any reason. 2.2 Our site is a website that provides an online platform (“our service”) which enables parents and students (“parents” or “students”) to find and book providers of tutoring services (“tutors”). 2.3 Our site is not intended for persons under 18 years of age and you will be asked to confirm your age during the registration process. We do not accept any responsibility for any misrepresentation of the age of a user. You are responsible for what occurs on your account on our site and you must report any unauthorised use of your account to us at firstname.lastname@example.org
3.1 We may revise these terms of this User Agreement at any time by amending this page. 3.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. 4.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
5.1 Our site is made available free of charge. 5.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. 5.3 You are responsible for making all arrangements necessary for you to have access to our site. 5.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of this User Agreement and other applicable terms and conditions, and that they comply with them.
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. 6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this User Agreement. 6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. 7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. 7.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. 7.6 If you print off, copy or download any part of our site in breach of this User Agreement, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 8.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
9.1 Nothing in this User Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. 9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. 9.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site. 9.4 If you are a business user, please note that in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage. 9.5 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 9.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. 9.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in clause 16. 10.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. 10.3 Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, amend, copy, distribute and disclose to third parties any such content for any purpose. 10.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. 10.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. 10.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in clause 16. 10.7 The views expressed by other users on our site do not represent our views or values.
11.1 We do not guarantee that our site will be secure or free from bugs or viruses. 11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. 11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 12.3 You must not establish a link to our site in any website that is not owned by you. 12.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page, save that tutors may create a link to their own profile page on the site. 12.5 We reserve the right to withdraw linking permission without notice. 12.6 The website in which you are linking must comply in all respects with the content standards set out at clause 16. 12.7 If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. 13.2 We have no control over the contents of those sites or resources.
14.1 You may use our site only for lawful purposes. You may not use our site: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. (c) for the purpose of harming or attempting to harm minors in any way; (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at clause 16; (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and (f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 14.2 You also agree: (a) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this User Agreement; (b) not to access without authority, interfere with, damage or disrupt: (c) any part of our site; (d) any equipment or network on which our site is stored; (e) any software used in the provision of our site; or (f) any equipment or network or software owned or used by any third party.
15.1 We may from time to time provide interactive services on our site, including, without limitation: messaging services; chat rooms; and bulletin boards. (“interactive services”). 15.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). You should assume all services are moderated by both human and technical means. 15.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 15.4 Our site is not intended for use by a minor and any use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. 15.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
16.1 These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it. 16.2 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. 16.3 Contributions must: (a) be accurate (where they state facts); (b) be genuinely held (where they state opinions); and (c) comply with applicable law in the UK and in any country from which they are posted. 16.4 Contributions must not: (a) contain any material which is defamatory of any person; (b) contain any material which is obscene, offensive, hateful or inflammatory; (c) promote sexually explicit material; (d) promote violence; (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (f) infringe any copyright, database right or trade mark of any other person; (g) be likely to deceive any person; (h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (i) promote any illegal activity; (j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (k) be likely to harass, upset, embarrass, alarm or annoy any other person; (l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (m) give the impression that they emanate from us, if this is not the case; and (n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
17.1 We will determine, in our discretion, whether there has been a breach of clauses 14, 15 or 16 through your use of our site. When a breach of any such clauses has occurred, we may take such action as we deem appropriate. 17.2 Failure to comply with the provisions of clauses 14, 15 and 16 constitutes a material breach of this User Agreement and may result in our taking all or any of the following actions: (a) immediate, temporary or permanent withdrawal of your right to use our site; (b) immediate, temporary or permanent removal of any posting or material uploaded by you to our site; (c) issue of a warning to you; (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (e) further legal action against you; and (f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. 17.3 We exclude liability for actions taken in response to breaches of clauses 14, 15 and 16. The responses described in this clause 17 are not limited, and we may take any other action we reasonably deem appropriate.
18.1 If you are a consumer, please note that this User Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 18.2 If you are a business, this User Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
19.1 "twosigmas" are trade marks of Tutor In Limited.
20.1 When you decide to submit a booking request for tutoring services (“booking request”) via our site the resulting legal contract is between you and the relevant tutor. 20.2 Each booking request you make via our site shall be deemed to be an offer by you to purchase from the applicable tutor the services specified within the booking request, subject to this User Agreement, and the applicable details on the tutor’s profile page on our site and you agree to be bound by such provisions. 20.3 No booking request shall be deemed to be accepted by the tutor until you receive an email from us confirming the booking. The resulting contract shall be between you and the tutor and will relate only to those services notified in the email confirmation of your booking request. 20.4 All booking requests for tutoring sessions must be made at least 24 hours in advance of the start time of the requested tutoring session. 20.5 You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a contract between you and a tutor in conflict with the User Agreement is void.
21.1 The fee payable by you to a tutor for a tutoring session will be as set out on the tutor’s profile page on our site (“fee”). 21.2 The fee is payable immediately upon your receipt of confirmation of your booking request. You are required to provide your payment details when you submit your booking request but payment will not be processed until your session has been confirmed 21.3 Any problems or issues with a tutoring session must be reported to us within 24 hours of the end time of the session.
22.1 You may cancel your booking request at any time prior to receipt of our confirmation of acceptance of such booking request by the tutor. 22.2 If you cancel a confirmed tutoring session on more than 48 hours’ notice, you will receive a full refund of the relevant fee. If you cancel a confirmed tutoring session on less than 48 hours’ notice but on more than 24 hours’ notice, you shall receive a refund of 50% of the relevant fee. 22.3 If you cancel a confirmed tutoring session on less than 24 hours’ notice, you shall not be entitled to any refund of the relevant fee. 22.4 If you or, in the case of a parent, the child for whom you booked the tutoring session, is late for a tutoring session, the session will conclude at the scheduled time and no refund of the fee shall be payable.
23.1 We cannot give any undertaking that the services you purchase from tutors through our site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the tutor. Where you request services through our site we may disclose your customer information related to that transaction to the relevant tutor. 23.2 Any screening by us of a tutor and the information provided by him or her through verification checks is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a tutor. 23.3 We do not make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by tutors or the integrity, responsibility or actions of tutors whether in public, private or offline interactions.
24.1 When a parent or student submits a booking request for your tutoring services via our site the resulting legal contract is between you and such parent or student. 24.2 Each tutoring session booking requested by a parent or student via our site shall be deemed to be an offer by the parent or student to purchase from you the services specified within the booking request subject to this User Agreement and the applicable details on your profile page on our site and you agree to be bound by such provisions. It is your responsibility to ensure that any terms you wish to form part of the contract between you and parents or students are expressly set out on your profile page on our site. 24.3 You will be notified of any tutoring session booking requests via email and no booking shall be deemed to be accepted by you until you have accepted the booking via our site and we have notified the relevant parent or student of your acceptance. The resulting contract shall be between you and the relevant parent or student and will relate only to those services notified in the email confirmation of the booking request. 24.4 Should you wish to accept a booking request, you must does so within 24 hours of notification of the booking request or within 22 hours before the start time of the session requested in the booking, whichever is the earliest. Failure to do so shall result in the booking request being deemed to have been withdrawn. 24.5 You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a contract between you and a parent or student in conflict with the User Agreement is void.
25.1 The fee payable by a parent or student to you for a tutoring session shall be as set out on your profile page on our site (“fee”). 25.2 You agree that the fee is inclusive of all travel fees and taxes, including VAT (where applicable). 25.3 All payments for tutoring sessions are to be processed via our site and you agree not to make any attempt to collect any form of payment directly from the parent or student. 25.4 Subject to clause 25.5, we will use reasonable endeavours to pay you every Tuesday (or, if that is a bank or public holiday, the next working day) for tutoring sessions completed on the preceding Thursday, Friday, Saturday and Sunday and every Friday (or, if that is a bank or public holiday, the next working day) for tutoring sessions completed on the preceding Monday, Tuesday and Wednesday. Payment is subject to us having received the relevant fees in cleared funds from the relevant parents and students and no complaints having been received by us from a parent or student in respect of such tutoring sessions. Please contact us via email@example.com if you have not received payment within ten days of a completed tutoring session. 25.5 Subject to clause 25.5, we will charge a service fee equal to 12% of the fee (inclusive of VAT, if applicable) per tutoring session (“service fee”), which we will deduct from the fee paid by a parent or student before submitting payment to you.
26.1 If a parent or student cancels a confirmed tutoring session on more than 48 hours’ notice, you will not receive any payment of the agreed fee. 26.2 If a parent or student cancels a confirmed tutoring session on less than 48 hours’ notice but on more than 24 hours’ notice, you shall receive a payment of an amount equal to 50% of the relevant fee less 12% of such amount. If a parent or student cancels a confirmed tutoring session on less than 24 hours’ notice, the full amount of the fee will be payable to you less our 12% service fee.
To contact us, please email firstname.lastname@example.org Thank you for visiting our site.
Tutor In Limited (“we”) are committed to protecting and respecting your privacy. This policy (together with our User Agreement) and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.twosigmas.com you are accepting and consenting to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Tutor In Limited of C P C 1 Capital Park, Fulbourn, Cambridge CB21 5XE. INFORMATION WE MAY COLLECT FROM YOU We may collect and process the following data about you: Information you give us. You may give us information about you by filling in forms on our site www.twosigmas.com (“our site”) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, set-up a tutor profile, submit a booking request for tutoring services, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph. Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment services, advertising networks, analytics providers, search information providers) and may receive information about you from them.
We use information held about you in the following ways: Information you give to us. We will use this information: to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about; to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. Where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form); to notify you about changes to our service; and to ensure that content from our site is presented in the most effective manner for you and for your computer. Information we collect about you. We will use this information: to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your computer; to allow you to participate in interactive features of our service, when you choose to do so; as part of our efforts to keep our site safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them. Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
We may share your information with selected third parties including: business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you; advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience;and analytics and search engine providers that assist us in the improvement and optimisation of our site. We may disclose your personal information to third parties: in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; if Tutor In Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of our User Agreement and other agreements; or to protect the rights, property, or safety of Tutor In Limited, our users, or others.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.