Terms & Conditions
Terms & Conditions for Sigmatic Tuition
1. Introduction
1.1 Sigmatic Tuition was established with the vision of providing high-quality educational support for children in a digital learning environment. We achieve this by operating the Sigmatic Tuition Platform, which offers the following services:
1.1.1 Displaying Profiles of our Tutors along with their areas of expertise;
1.1.2 Facilitating connections between Tutors and Students; and
1.1.3 Acting as an agent for Tutors, managing the Lesson booking process for Students, as well as payment for Lessons through third-party payment processors.
1.2 These Terms constitute a legally binding contract between all users of the Sigmatic Tuition Platform and/or our Services ("you") and Sigmatic Tuition. By using our Platform, you agree to abide by these Terms. If you do not agree with these Terms, you must refrain from using our Platform.
1.3 To be eligible for the Terms and to utilize the Platform Services, you must be at least 18 years of age. If you are under 18, you are not allowed to use our Platform.
2. Definitions:
Business: Refers to a commercial entity purchasing our Services for the purpose of trade, craft, or profession.
Consumer: Represents an individual using our Services mainly for non-commercial purposes outside their trade, business, craft, or profession.
Distance Contract: Denotes a contract between a Business and a Consumer, established through an organized distance sales or service-provision scheme, where physical presence is absent, and communication occurs via distance means until the Contract's conclusion.
Guardian: Signifies the parent or guardian of the Student who enters into the Sigmatic Tuition Contract on behalf of the Student.
Insurance Policies: Implies sufficient insurance coverage, including public liability insurance, obtained by each Tutor from a reputable insurance provider.
Commission Fee: Refers to the fee payable to Sigmatic Tuition by Tutors as defined in Clause 10.4 of these Terms.
Lesson: Represents an educational session provided by a Tutor to a Student, facilitated through our Platform.
No-Show: Indicates a failure by a Tutor or Student to attend a scheduled Lesson without prior authorization from either the Student or Sigmatic Tuition.
Order: Represents the Guardian's initial commitment to book a Pay as You Go Lesson, a Subscription, or a Course Series of Lessons, submitted following the step-by-step process outlined on the Platform or as otherwise agreed between the parties ("Ordering" and "Ordered" shall be interpreted accordingly).
Pay as You Go: Signifies the payment made by a Guardian for Tutoring Services on behalf of a Student on an ad-hoc basis.
Platform: Refers to the online platform of Sigmatic Tuition, which includes its proprietary domain: www.sigmatictuition.co.uk, all subdomains, the web-app associated with that domain, and any mobile or tablet application operated by Sigmatic Tuition.
Platform Services: Denotes the services provided by Sigmatic Tuition to Guardians, Students, and Tutors, as defined in Clause 1.1.
Profile(s): Represents any listing uploaded by a Tutor on the Platform.
Stripe Connected Account: Signifies a Tutor who has agreed to the Stripe Services Agreement and received approval from Stripe to receive the Stripe Services.
Stripe Services Agreement: Refers to the Stripe Connected Account Agreement, which includes the Stripe terms of service.
Stripe Services: Denotes the payment processing services offered by Stripe to Sigmatic Tuition and Stripe Connected Accounts, including services that enable payment acceptance from Students and the routing of money to and from Stripe Connected Accounts.
Students: Denotes children receiving Tutoring Services from Tutors.
Subscription: Represents a commitment by the Guardian on behalf of the Student to receive ongoing Tutoring Services, billed on a weekly cycle.
Terms: Signifies these Terms and Conditions.
Tutor: Refers to one of our approved, vetted teachers whom Students may engage for Tutoring Services through the Platform.
Tutor Fees: Denotes any costs incurred by Guardians on behalf of Students for Tutoring Services Ordered via the Platform on a Subscription or Pay As You Go Basis and payable to Tutors by Sigmatic Tuition after deduction of the Commission Fee in accordance with these Terms.
Sigmatic Tuition Contract: Represents the binding agreement between Sigmatic Tuition and the Student for booking Lessons via the Platform.
Tutoring Services: Denotes the education services provided by the Tutor to the Student.
Sigmatic Tuition/ 'we'/'us'/'our': Refers to the company that provides the Services and operates this Platform, namely Sigmatic Tuition Ltd, a company registered in England with UK company registration number: 14893069, having its registered office at 88A George Lane, London, E18 1JJ.
3. TERMS FOR STUDENTS AND GUARDIANS
Orders
3.1 The Platform Services' description is as stated on the Platform, marketing emails, or any other form of advertisement provided by us. Any description serves illustrative purposes only.
3.2 We retain the right to make beneficial changes to the Platform Services, whether to comply with applicable laws, regulations, safety requirements, or to implement minor technical adjustments and improvements aimed at optimizing your user experience.
4. Account Registration
4.1 Before Ordering Tutoring Services through the Platform, you (the Guardian) will be required to register for an account on the Platform. You are responsible for all actions and security related to your account.
If you wish to register for an account, you must agree to the Privacy Policy, Cookie Policy, and these Terms. Additionally, you will be required to complete the Student Questionnaire on behalf of the Student you are registering, providing the following information:
- Your name
- The Student's name
- The Student's date of birth
- Details of the Student's educational needs
- The school the Student attends
- Contact email address and phone number
4.3 We may contact you through email or other communication methods, and you expressly agree to this. Lessons may be recorded for training and monitoring purposes.
4.4 By booking a Lesson with a Tutor, you consent to the limited sharing of your personal information and that of the Student with that Tutor. Once this information has been shared with the Tutor, the Tutor may contact you via the Platform with information relevant to your Lesson. We will not share personal data with the Tutor, yourself, or the Student that is not required to fulfill the Tutoring Services, such as contact details, address, or social media handles.
4.5 You can update your details and preferences at any time in the 'my account' section of the Platform.
4.6 We strictly adhere to our Privacy Policy and Cookie Policy when retaining and utilizing all information.
5. Basis of the Sigmatic Tuition Contract
5.1 Upon receiving your completed Student Questionnaire, we will present you with Profiles of Tutors based on your responses. You will then have the opportunity to choose one Tutor for a 'taster' Lesson lasting one (1) hour.
5.2 The description of the Tutoring Services on our Platform does not constitute a contractual offer on behalf of the Tutor to provide any Tutoring Services to you. Upon submission of an Order on the Platform, we retain the right to reject it for any reason, though we will aim to inform you of the reason without delay. If payment has already been made, we will issue a full refund.
5.3 The Order process is outlined on the Platform, allowing you to review and amend any errors before submitting
the Order. Ensuring the correctness of the ordering process is your responsibility.
5.4 The Sigmatic Tuition Contract for the Lessons you have Ordered will be formed upon receiving an email from us confirming the Order (Order Confirmation) or within one (1) Business Day of the Order being placed by you, whichever occurs earlier. You must verify the completeness and accuracy of the Order Confirmation and inform us immediately of any errors. We are not liable for any inaccuracies in the Order placed by you. By placing an Order, you agree to receive confirmation of the Contract via email, containing all relevant information (i.e., the Order Confirmation).
5.5 You will receive the Order Confirmation within a reasonable time after entering into the Sigmatic Tuition Contract, but not later than the scheduled commencement of the Student's Lesson with a Tutor.
5.6 Once the Sigmatic Tuition Contract has been formed between you and the Tutor, Sigmatic Tuition fulfills its responsibilities to you, and all subsequent contractual matters concerning the performance of the Tutoring Services are between you and the Tutor. Therefore, it is crucial to communicate any important information related to the Lesson(s) with the Tutor, including, but not limited to, any learning requirements, medical conditions, or disabilities of the Student that may need to be taken into account by the Tutor.
5.7 Any attempt to circumvent the Platform or solicit any Tutor for tutoring services outside of the Platform will result in the indefinite suspension of your use of the Platform.
5.8 You acknowledge and agree that you shall not contact any Tutor outside of their Sigmatic Tuition email address and/or the virtual classroom.
6. Tutor Fees
6.1 The price of the Tutor Fees is as stated on the Platform at the time of the Order.
6.2 When using our online checkout service on the Platform, you will be required to submit your credit or debit card details to make payment.
6.3 If your payment fails or you order Pay As You Go Tutoring Services, we will issue you an invoice. All invoices must be settled in full before the Lesson's start or the Lesson will not proceed.
6.4 All Tutor Fees must be processed through the Platform. We handle payments using Stripe, and all transactions are thus subject to the Stripe terms and conditions, which are incorporated into these Terms by reference. Any attempt to make payments to Tutors outside of the Platform will result in the termination of your use of the Platform without notice.
6.5 Our preferred currency is GBP. If Tutor Fees are received in a currency other than GBP, Stripe will perform the conversion. We are not liable for any exchange rates or charges levied by Stripe for such conversion.
7. Cancellation for Consumers
Right to cancel the Sigmatic Tuition Contract
7.1 Any Sigmatic Tuition Contract is a Distance Contract which, if you are a Consumer, is subject to the cancellation rights (Cancellation Rights) set out below. You can cancel the Order for Tutoring Services by telling us before the Sigmatic Tuition Contract is completed, i.e. prior to receipt of the Order Confirmation or within 14 days of Ordering the Services (the “Cooling-off Period”), if you simply wish to change your mind and without giving us a reason, and we will issue you with a full refund.
7.1.1 All Course series of lessons are non-refundable.
7.2 To exercise the right to cancel the Sigmatic Tuition Contract, you must inform us of your decision to cancel by a clear written statement via the Platform. We will then communicate to you an acknowledgment of receipt of such cancellation in a Durable Medium (for example, by email) without delay.
7.3 However, these Cancellation Rights change if the Student has already begun receiving the Tutoring Services and has either had a Lesson with a Tutor when you cancel, or the Student has remaining Lessons in respect of which you have already paid the Tutor Fees, as follows:
7.3.1 Should you request cancellation of remaining Tutoring Services within the Cooling-off Period, you shall be entitled to a refund, less the value of the Tutoring Services that have already been performed by the Tutor up to and including the date which you give notice; or
7.3.2 If the entirety of the Tutoring Services has already been performed during the Cooling-off Period, you will have no right to cancellation or a refund; and
7.3.3 If you have Ordered a Subscription, you may cancel at any time without liability, and your Subscription will terminate at the end of the subsequent weekly period.
7.4 We may end the Sigmatic Tuition Contract at any time by writing to you if you commit a breach of these Terms or you demonstrate a pattern of behavior which, in our sole opinion, is likely to cause damage to our reputation.
Timing of reimbursement
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7.5 If a reimbursement is due under this Clause, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
7.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.7 If, due to circumstances beyond our control, a Tutor cancels your Lesson for any reason, and we cannot find you a suitable replacement for your Lesson(s), we will inform you through the Platform immediately, and you will receive a full refund to the credit or debit card you paid with.
Lesson Rescheduling
7.8 If you wish to reschedule a specific Lesson after the Contract is made and beyond the Cooling-off Period, you may incur a cancellation fee chargeable at our discretion. The rescheduling fees are as follows:
Notice prior to a scheduled Lesson Rescheduling Fee
(in respect of a scheduled Lesson)
Less than 24 hours 100% of the Fees payable
More than 24 hours No charge
7.9 You will only be permitted to reschedule a Lesson once. If you cannot attend the rescheduled Lesson, you will lose the value of the Lesson. Multiple requests to reschedule classes may lead to the suspension of your account.
7.10 If a Student is more than fifteen (15) minutes late for a scheduled Lesson, the Lesson shall be abandoned and charged for in full. For the avoidance of doubt, no credit or refund will be due, or rescheduling available to the Guardian in respect of that Lesson.
7.11 If a Tutor is unable to attend a Lesson for any reason, we will inform you as soon as practicable, and you will be entitled to a refund to the value of the Tutor Fees paid in respect of that Lesson.
7.12 However, if you become entitled to a refund under the provisions of Clause 7.11, we reserve the right, at our sole discretion, to find another Lesson slot for you and your chosen Tutor up to the value of your canceled Lesson in order to compensate you for the period during which access was denied instead of providing a monetary refund.
8. TERMS FOR TUTORS
Tutor Registration
8.1 If you wish to become one of our Tutors you must submit an application through the Platform. We will then assess your application, and we may ask you for more details and to undertake a specially designed performance test to check your suitability to become a Tutor. We will also require certain information during the onboarding process, which may include, but is not limited to:
- Enhanced DBS check;
- Company number if applicable;
- A picture of you holding your valid photo ID;
- Proof of professional qualifications and/or accreditation; and
- Stripe Connected Account Details.
8.2 You are permitted to upload content to our Platform through your Profile. By permitting us to upload any Profile to our Platform, you grant Sigmatic Tuition and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Profile and/or to incorporate it into other materials in any form, for the purposes of marketing.
8.3 When you apply to be a tutor, you consent to receiving promotional and educational emails to the provided email address.
9. Tutor Obligations
9.1 Tutors must keep their availability for Lessons up to date at all times using the Platform's calendar function. If you need to cancel a Lesson due to extenuating circumstances, you must contact the Guardian to reschedule. If you are not able to reschedule with the Student, you may contact us to notify us of the extenuating circumstances that require the cancellation PROVIDED such notice is more than 24 hours prior to the Lesson. Otherwise, the non-attendance will be treated as a No-Show, resulting in disciplinary action. Equally, a Guardian or Student must give you at least 24 hours' notice prior to canceling a Lesson. If notice of cancellation by a Student or Guardian is given with less than 24 hours' notice, we may charge for the Lesson, and you will be reimbursed in this case, though this decision is at our discretion.
9.2 Tutors are permitted up to a maximum of two (2) No-Shows. If you are a No-Show for a Lesson three (3) times during your membership with the Platform, we reserve the right to immediately suspend you from the Platform.
9.3 If a Student does not appear for a scheduled Lesson, you must wait for a fifteen (15) minute grace period before abandoning the Lesson. If the Student arrives within the grace period, then the Lesson will continue as planned for the planned Lesson length. If the Student does not arrive within the grace period, you may abandon the Lesson, and you will still be paid for the Lesson.
9.4 Tutors acknowledge and agree that they shall not make contact with any Student or Guardian outside of their Sigmatic Tuition e-mail account and/or the virtual classroom.
9.5 Tutors agree to give Sigmatic Tuition access to their inbox on the Platform for training and monitoring purposes at all times and acknowledge that Sigmatic Tuition has a legitimate business interest in accessing such personal data of the Tutor while the Tutor is providing the Tutoring Services. To maintain access, Sigmatic Tuition must be notified of any password changes by the Tutor within 24 hours of such change being made.
9.6 Tutors must produce reports after each Lesson with a Student (Lesson Reports). This is a key element of the Tutoring Services. Should Tutors fail to produce a Lesson Report in a timely fashion after the Lesson, Sigmatic Tuition reserves the right to withhold any Tutor Fees due until the Lesson Reports have been delivered.
9.7 The Tutor represents and warrants that:
9.7.1 they have the necessary authority, rights, and licenses to provide the Tutoring Services that they advertise on the Platform;
9.7.2 the experience and expertise of the Tutor detailed on the Profile are accurate and truthful and not misleading for Students;
9.7.3 they shall not promote the services of any other teaching or tutoring business, and if they become aware of any business opportunity, they shall pass this into Sigmatic Tuition without delay;
9.7.4 they shall not misuse any personal data of Students shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 11.3) or send unsolicited communications to Students;
9.7.5 they shall not try to circumvent the Platform for financial gain or any other motive;
9.7.6 they shall respond promptly to any and all inquiries from Students in relation to Lessons;
9.7.7 they shall respond promptly to any and all inquiries from Sigmatic Tuition when contacted; and
9.7.8 they shall at all times ensure that a professional demeanor is maintained during any Lesson and that they shall not use any threatening or unsuitable language or display any inappropriate behavior when dealing with Students.
9.8 The Tutor shall indemnify, defend, and hold harmless Sigmatic Tuition against all losses that Sigmatic Tuition incurs or suffers, however arising, as a result of or in connection with:
9.8.1 the Tutor's breach of the warranties set out in Clause 9.4;
9.8.2 the Tutor's breach or negligent performance or non-performance of any obligations under these Terms;
9.8.3 any damage to reputation suffered by Sigmatic Tuition as a result of the Tutor's breach of these Terms or negligence; and/or
9.8.4 any claim made by a Student, Guardian, or any third party arising out of or in connection with a Lesson with a Tutor, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Tutor or its staff or contractors.
9.9 Sigmatic Tuition requires that Tutors obtain and maintain Insurance Policies to adequately cover their liabilities to Guardians, Students, and Sigmatic Tuition under these Terms.
9.10 Sigmatic Tuition reserves the right to suspend and terminate the use of the Platform by any Tutor that breaches these Terms or if it receives more than two (2) complaints about any Tutor or its staff or contractors from Students or Guardians or if, in its sole discretion, Sigmatic Tuition believes that a Tutor has behaved unprofessionally more than twice.
10. Fees
10.1 Tutor Fees are paid by the Student to Sigmatic Tuition and allocated to the relevant Tutor via Stripe. In order to do make these payments to Tutors, the Tutor’s Stripe account must be approved as a Stripe Connected Account of Sigmatic Tuition.
10.2 Payment processing services for Tutors are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these Terms and continuing to use the Platform Services, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. Under no circumstances can Stripe be used in violation of the Stripe Services Agreement, and any breach of the Stripe Services Agreement by a Tutor will be a material breach of these Terms which may result in Sigmatic Tuition terminating the Tutor’s use of the Platform.
10.3 In order to receive approval from Stripe to become a Stripe Connected Account, you must adhere to the following additional terms:
10.3.1 you agree to provide us with accurate and complete Know Your Client information about your business and the ownership of your business and to update that information whenever necessary to ensure it is accurate at all times;
10.3.2 you hereby authorize us to act on your behalf in setting up, creating, and managing your Stripe Connected Account and any other activity required for the operation of the Stripe Connected Account and to receive notices from Stripe on its behalf;
10.3.3 you hereby authorize us to access your Stripe Connected Account data and to share the Stripe Connected Account data with Stripe. Stripe and Sigmatic Tuition are independently responsible for ensuring that Stripe Connected Account data within our possession or control is protected from unauthorized disclosure; and
10.3.4 you understand and acknowledge that if we suspect you of any fraudulent, unlawful, deceptive, or abusive activity, it is contractually required to inform Stripe promptly of this on becoming aware.
10.4 In return for providing the Platform Services to the Tutor, the Tutor must pay the Commission Fee, as stated in communications between the parties, in respect of the Tutoring Services performed once each Lesson is completed and the Lesson Report delivered.
10.5 Our preferred currency is GBP. If Tutor Fees are not received in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rates or charges levied by Stripe for such conversion.
10.6 All Sigmatic Tuition Tutors are fully responsible for compliance with any applicable local laws and regulations in regard to the Tutor Fees that they receive from the Tutoring Services, including the payment and reporting of any applicable income taxes or VAT. For the avoidance of doubt, Sigmatic Tuition is not responsible for Tutors’ tax payments or any other financial obligation and cannot provide the tutors with any advice in this regard.
*0.7 Our preferred currency is GBP. If Tutors request Tutor Fees in other currencies, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.
10.8 Sigmatic Tuition is a provider of the Platform Services only and we act as an agent for the Tutor in obtaining Lesson bookings with Students. Once a Lesson is booked, all contractual matters relating to the Tutoring Services are between the Student and the Tutor, and so the Tutor must make every effort to resolve any issues that pertain to the Tutoring Services on their own.
10.9 The referral offer of one month of free tutoring is equivalent to 2 free lessons or 1 per fortnight. The offer is only available if both individuals you refer book free taster lessons and successfully pay the deposit.
11. Status
Nothing in these Terms shall be interpreted as meaning that any Tutor is an employee of Sigmatic Tuition, and the Tutor acknowledges and agrees that all Tutoring Services provided to Students are as a self-employed person or as a Business and are therefore excluded from the provisions of the Working Time Regulations and any benefits or rights attributed to employees, including, but not limited to, entitlement to paid holiday or leave from Sigmatic Tuition.
GENERAL TERMS
12. Intellectual Property
12.1 We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 You are permitted to:
12.2.1 print off one copy or download extracts of any page(s) from our Platform for your personal use; and
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12.2.2 draw the attention of others within your organization to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.
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12.3 However, you must not:
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12.3.1 modify the paper or digital copies of any materials you have printed off or downloaded in any way;
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12.3.2 use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text; or
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12.3.3 use any part of the content on our Platform for commercial purposes without obtaining a license to do so from us or our licensors.
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12.3.4 share any printable/digital products that you have purchased from ‘The Shop of Essentials’ with non-purchasers in an attempt to circumvent non-purchasers from having to buy the same product.
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12.4 If you print off, copy, or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
13. Viruses and Maintenance
13.1 We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses, or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
13.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
13.3 You are responsible for configuring your information technology, computer programs, and platform to access our Platform. You should use your own virus protection software.
13.4 You must not misuse our Platform by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack.
13.5 We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features, or functionality.
14. Linking to our Platform
14.1 You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We prefer that you link to our Platform through the social media links provided.
14.2 You must not, without explicit permission:
14.2.1 establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists;
14.2.2 establish a link to our Platform on any website that is not owned by you;
14.2.3 frame our Platform on any other Platform, nor create a link to any part of our Platform other than the home page; or
14.2.4 link from any Platform that contains fraudulent, false, misleading, or deceptive information; or defamatory, libelous, obscene, pornographic, vulgar, or offensive content; or promotes discrimination, racism, hatred, harassment, or harm toward any third party; or promotes violence or actions that are threatening to any third party; or promotes illegal or harmful activities.
14.3 We reserve the right to withdraw linking permission without notice.
15. Third-party Links on our Platform
Where our Platform contains links to other Platforms and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
16. Confidentiality
16.1 We undertake not to disclose any confidential information regarding any Business to third parties except as provided for under these Terms. However, we may disclose your confidential information:
16.1.1 to our employees, officers, representatives, subcontractors, or advisers who require such information for the purposes of carrying out their obligations under these Terms; or
16.1.2 as may be required by the law of a court of competent jurisdiction or any governmental or regulatory authority.
17. Successors and our Sub-contractors
17.1 We can transfer the benefit of these Terms to someone else, however, we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
17.3 No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party’s consent. Neither of us will need to get the agreement of any other person in order to terminate these Terms or make any changes to these Terms.
18. Circumstances beyond the Control of Either Party
18.1 In the event of any failure by a party because of something beyond its reasonable control:
18.1.1 the party will advise the other party as soon as reasonably practicable; and
18.1.2 the party’s obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Guardian’s rights relating to delivery and any right to cancel.
19. Privacy
19.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
19.2 These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
19.3 For the purposes of these Terms:
19.3.1 ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to
, the Data Protection Act 2018 and the UK GDPR.
19.3.2 ‘GDPR’ means the UK General Data Protection Regulation.
19.3.3 ‘Data Controller’, ‘Personal Data’, and ‘Processing’ shall have the same meaning as in the GDPR.
19.4 We are a Data Controller of the Personal Data we Process in providing services to you.
19.5 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
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19.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
19.5.2 we will only Process Personal Data for the purposes identified;
19.5.3 we will respect your rights in relation to your Personal Data; and
19.5.4 we will implement technical and organizational measures to ensure your Personal Data is secure.
19.6 For any enquiries or complaints regarding data privacy, please contact us.
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20. Reliance on our Platform
20.1 The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.
20.2 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date.
21. Prohibited Use
21.1 You may not use the Platform for any of the following purposes:
21.1.1 in any way which causes, or may cause, damage to the Platform or interferes with any other person’s use or enjoyment of the Platform;
21.1.2 in any unlawful or fraudulent manner;
21.1.3 to transmit, or procure the transmission of, any unsolicited marketing materials to us;
21.1.4 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, or governmental order;
21.1.5 to gain unauthorized access to our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform; or
21.1.6 making, transmitting, or storing electronic copies of content protected by copyright without the permission of the owner.
22. Erroneous Transactions and Fraud
22.1 Should we make payment in error to Tutors, we reserve the right to pursue reimbursement from the Tutor by deducting the amount from future Tutor Fees or pursuing available legal remedies.
22.2 In order to prevent financial fraud, we incorporate the built-in fraud tool “Stripe Radar” to provide real-time fraud protection.
23. Limitation of Liability
23.1 We provide the Platform Services only, and we are not responsible and accept no liability whatsoever in respect of the Tutoring Services that Students receive from a Tutor on the Platform. Lessons are held via third-party communication software platforms, including, but not limited to Zoom, Google Meet, and Skype. Neither are we responsible for the reliability or quality of those services.
23.2 If you are a Consumer, we limit our liability as follows:
23.2.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract between us was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
23.2.2 Subject to Clause 15.2.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether innocent or negligent), or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data, or for any punitive damages, penalties, interest, or costs (including legal and professional costs and expenses) suffered in connection with the supply of the Services. Our total liability to you for all other losses arising under or in connection with any agreement between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.
23.2.3 We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example, loss of profit) to the Student’s business, trade, craft, or profession, which would not be suffered by a Consumer because we believe the Student is not engaging our Services wholly or mainly for its business, trade, craft, or profession.
23.3 If you are a Business, we limit our liability as follows:
Except to the extent expressly stated in Clause 15.3.3, all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are expressly excluded.
Subject to Clause 15.3.3, we shall not be liable in contract or tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether innocent or negligent), or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to indirect and consequential losses, any economic loss, loss of revenue, business, profits, or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data, or for any punitive damages, penalties, interest, or costs (including legal and professional costs and expenses) suffered in connection with the supply of the Services. Our total liability to you for all other losses arising under or in connection with any agreement between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations, including breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
23.4 Whether you are a Consumer or a Business, this Platform and the Platform Services advertised on it are provided “as is” and without warranties of any kind, whether express or implied.** To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
23.5 The Tutor agrees to indemnify Sigmatic Tuition against all reasonable costs, expenses, penalties, fines, or interest, including reasonable legal costs and expenses, incurred or payable by the Tutor in connection with or in consequence of any such liability, deduction, contribution, assessment, or claim, including claims for employment or worker status brought by the Tutor against Sigmatic Tuition arising out of or in connection with the provision of the Tutoring Services, except where such claim is a result of any act or omission of Sigmatic Tuition.
24. General
24.1 These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version. No variation of these Terms can be made after it has been entered into unless the variation is agreed by the Student and Sigmatic Tuition in writing and authorised by a member of our senior staff.
24.2 These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to these Terms.
24.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms, and no third party will have any right to enforce or rely on any provision of these Terms
24.4 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
25. Governing Law, Jurisdiction, and Complaints
25.1 These Terms (including any non-contractual matters) are governed by the laws of England and Wales.
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25.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Student lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
25.3 In the event of a dispute between Students and Tutors relating to the Tutoring Services, parties must first try to resolve any complaint between them. If this is not possible, then the parties should contact us to find a solution. In such an instance, the decision of Sigmatic Tuition shall be final.