This page contains:

(1) the terms of service for clients (these terms are coloured blue);

(2) the terms of service for tutors (these terms are coloured green).

We would like to draw your particular attention to clause 12 of the Terms of Service for Clients on non-solicitation. Solicitation is not prohibited but in such cases that a Client engages a Tutor off-site or directly, a £500 fee is payable to Twelve Oaks by the Client.

(1)   Terms of Service for Clients

1.      Who we are

a.                  We are Twelve Oaks Tuition which is a trading name of 12 OT LLP. Our company number is OC458313 and we have our registered office at The Four Columns, Broughton, Skipton, BD23 3AE. ("Twelve Oaks", "we” or "us”). The following terms and any documents referred to below (all such terms and documents together referred to as the "Terms") govern the legal relationship between you and Twelve Oaks in relation to your use of our web application (accessible at the URL https://www.twelveoakstuition.co.uk) (the "Web App”)) and any updates to our Web App.

b.                  Our Web App allows Clients (defined below) to find appropriate self-employed Tutors (defined below) and for the users to use the free online third-party lesson space and an optional third-party payment facility for the Client to pay the Tutor, all provided through our Web App. We will not to our knowledge allow any Tutors under the age of 18 or who do not have the right to work in their relevant jurisdiction to use our Web App although we can give no guarantee about the information Tutors provide to us. We also do not contract with children under the age of 18 in respect of our Web App or services, instead we contract with their parents or legal guardians. Please do not register as the main account holder for this Web App if you are under the age of 18.

c.                  Please see the Terms below which confirm that we do not provide any tutoring services. Instead, we only provide a platform for the purposes stated above and below in these Terms. We therefore do not guarantee any level or quality of service by the Tutors. Further details of the role of our Web App and the limitations of the services we provide are set out below in these Terms.

d.                  We are regulated by the Employment Agency Standards Inspectorate (and its successors where applicable).

e.                  Please see our disclaimers below in these Terms.

2.                  Acceptance of these Terms

a.                  By clicking on the "I accept” button when registering or where that is not applicable, by your signature or email acceptance of these terms or you are using our Services (defined below at clause 4) after receiving these Terms, you are deemed to have read and accepted these Terms prior to using the Web App as a registered Client.

b.                  You acknowledge and agree that these Terms apply from the date on which you click "I accept” button or where that is not applicable, the date of your acceptance of these Terms by signature or email or the date you start using our Services. Further you acknowledge and agree that the Terms apply to your use of our Web App and that the Terms form a legally binding contract between you and Twelve Oaks. You acknowledge that the other relevant documents mentioned at clause 3 below apply from the date you first accessed the Web App.

c.                  If you disagree with these Terms you must not click the "I accept” button or otherwise accept them or use our Services. You acknowledge and agree that you have the authority to enter into and to bind you to the Terms and your continued use of our Web App is confirmation of that.

d.                  In order to use the Services you must register as a Tutor and accept these Terms.

e.                  We reserve the right to decline or cancel your registration at any time where that is lawful to do so.

3.                  Interpretation

a.                  The definitions and rules of interpretation in this clause apply to this agreement.

Client (you):  any parent or guardian and their relevant child or children whom the Tutor is Introduced through our Web App.

Conduct Regulations 2003: the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 2003/3319) as amended.

Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the Client and their affairs and personal or work matters for the time being confidential to those persons and, where applicable, any confidential information and trade secrets of the Company or its Group including, without limitation, technical data and know-how relating to its business or any of their suppliers, customers, agents, distributors, shareholders, management or business contacts.

Engagement: the lawful services to be carried out independently by the Tutor as a self-employed service provider for the Client as arranged through our Web App, as more particularly described in clause 5 below; or any engagements between a Tutor and a Client which are agreed (whether in writing or verbally) separate to our Web App within 12 calendar months of an Introduction.

Data Protection Legislation: any data protection legislation from time to time in force in the UK including the Data Protection Act 2018, the UK GDPR or any successor legislation.

Features: the Web App features that enable Tutors to meet and communicate with Clients and to arrange and carry out Engagements with them. Such features might include  "Message”, "Book”, and "Video Call” and "Free Lesson Space” applications, any third party payment facilities made available through our Web App, and any others we may put in place from time to time and any others we may put in place from time to time. We reserve our right to amend, withdraw and add to our Features from time to time at our discretion. Further details of any Features are explained on our Web App.

Group: in relation to a company, that company, each and any subsidiary or holding company from time to time of that company, and each and any subsidiary from time to time of a holding company of that company.

Holding Company: has the meaning given in clause 1.5.

Intellectual Property Rights: patents, utility models, rights to Inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and exploit, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Introduce: the provision to the Client of information in any form or through any process by Twelve Oaks which identifies the Tutor or any Representative and Introduction and Introduced shall be construed accordingly.

Representative: any staff of the Tutor who provide services on behalf of the Tutor in respect of an Engagement.   

Reviews: a review provided by either a Tutor or a Client about the other in respect of their dealings on our Web App. The information to be included in a Review will be prompted by Twelve Oaks from time to time at its discretion. 

Subsidiary: has the meaning given in clause 1.5.

Tutor: a teacher/tutor who is introduced through our Web App to Clients for direct engagements to provide their independent learning services (meaning that Twelve Oaks is not responsible for the delivery of any learning content nor course or teaching content or quality and the Tutor has a direct legal relationship with the Client about such matters and all other matters relating to the service the Tutor performs for a Client).

Vulnerable Person: has the same meaning as set out in the Conduct Regulations 2003.

Web App: Twelve Oak’s software platform and application, which can be accessed from the URL https://www.twelveoakstuition.co.uk (and all other domain names from which the Web App can be accessed) which enables Clients to find appropriate Tutors, and, through third-party facilities made available through the Web App, conduct lessons and use an optional payment facility for the Client to pay the Tutor; the Features; the content offered from and generated by the Web App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the Web App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm) (in object code and source code format) that powers the Web App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).

b.                  There are terms set out in our privacy policy, acceptable use policy, general website terms and conditions , although our policies are usually non-contractual. You must comply with our policies as a user of our Web App. However, if any of the provisions of those policies and/or terms conflict with any provisions of these Terms, the terms herein shall prevail except for any terms about our packages of services and their pricing stated on our Web App which shall prevail.

c.                  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.

d.                  A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

e.                  A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006 and a company shall be treated, for the purposes only of the membership requirement contained in sections 1159(1)(b) and (c), as a member of another company even if its shares in that other company are registered in the name of (a) another person (or its nominee) by way of security or in connection with the taking of security, or (b) its nominee. In the case of a limited liability partnership which is a subsidiary of a company or another limited liability partnership, section 1159 of the Companies Act 2006 shall be amended so that: (a) references in sections 1159(1)(a) and (c) to voting rights are to the members' rights to vote on all or substantially all matters which are decided by a vote of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to the right to appoint or remove a majority of its board of directors is to the right to appoint or remove members holding a majority of the voting rights.

f.                   A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

g.                  A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

h.                  A reference to writing or written includes e-mail or notification via our Web App.

i.                    Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

j.                    A reference to this agreement or to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.

k.                  Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

4.       Services

a.                  We provide an automated technology application to introduce students and tutors for Engagements and for which the Tutor will provide the type of services and course content discussed between those parties on our Web App and as more particularly advertised by the Tutor on our Web App. Any of our technology on our Web App or otherwise and any of our other services which helps to introduce those parties and facilitate their communication on our Web App are known as the "Services”. If you require services beyond the scope of the Services, we are happy to consider any proposal and may, at our discretion, agree to enter into separate terms with you about such services.

b.                  Our automated technology application referred to above is powered by an algorithm which uses the information provided by:

                                                  i.     Tutors when they create and maintain a Tutor profile; and

                                                ii.     information provided to us by Clients.

c.                  For the purposes of the Conduct Regulations 2003, we act as an employment agency in respect of these Terms in order to connect students and tutors to the extent that the Services (defined above) are or continue to be relevant to the Conduct Regulations 2003. We will notify you if our status as an employment agency changes.

d.                   You accept and agree that Twelve Oaks is not a tutoring company nor a course content creation company and that we do not provide tutoring services nor course content and we are not in any way liable for the services provided by the Tutor. The Client acknowledges that the Tutor alone remains responsible and liable for the services the Tutor performs, the course content they create and publish and the price they charge Clients in connection with these Terms.

e.                  In order to use the Services, so that we can seek to satisfy our regulatory requirements under the Conduct Regulations 2003, you are required to provide all of the requested information (as is applicable to provide) when you request an Engagement. We reserve the right to request and you shall provide further relevant and lawful information from you in order to improve or amend any part of the performance of the Services as we see fit and/or so that we can satisfy any relevant legal obligations. To confirm, and to help satisfy our obligations under the Conduct Regulations 2003, the information that we will require from you or the Tutor as applicable to share with the other in respect of any learning opportunity you wish to purchase from the Tutor is:

                                                  i.     your name;

                                                ii.     the intended start date and intended duration of the work;

                                              iii.     the type of learning opportunity required/made available;

                                               iv.     the hours involved;

                                                v.     any relevant health and safety risks and what steps you have taken to prevent or control such risks;

                                               vi.     the experience, training and qualifications and any authorisation which you consider are necessary, or which are required by law, or by any professional body which the Tutors must possess in order to do the work (this includes but is not limited to any criminal records checks that may be required by law or a relevant professional body);

                                             vii.     the fee payable to the Tutor;

                                           viii.     any notice period for either the Learner or Tutor to give to terminate the learning opportunity engagement; and

                                               ix.     whether the Tutor will be required to work with Vulnerable Persons (and if so, we will then seek the relevant information and references required under the Conduct Regulations as detailed below in this clause 4).

f.                   You must ensure that any information you provide to us is complete and accurate and you will keep us updated on any changes to such information.

g.                  We have obtained confirmation from Tutors that they agree to be contacted on our Web App about potential Engagements. Should you successfully engage with a Tutor, it is between you and the Tutor to agree what that engagement involves, any relevant contractual and payment terms and to manage any tax considerations between you and the Tutor. We do assist the Client and Tutor, however, with arranging the payment to the Tutor, by providing optional access to a third party payment provider (the "Payment Services Provider”). The Payment Services Provider ensures that the Tutor receives their fee from the Client in a way which is compliant with the Conduct Regulations 2003. More details are provided on the Web App about this optional payment facility and which Tutors are not required to use to seek payment from the Clients, they can use their usual payment methods if they so wish. We will require information however about what Tutors charge to Clients, so that we can charge the Clients our fee where applicable (see below in these Terms) and you hereby agree to comply with our reasonable requests for such information.

h.                  The Services are not exclusive and you are free to use the services of other employment agencies or businesses at any time.

i.                    In order to use the Services, you must comply with your obligations set in these Terms.

j.                    Where we receive or obtain information within 3 months of the Introduction which indicates that a Tutor is or may not be suitable, we will inform you of that without delay to satisfy our obligations under the Conduct Regulations 2003. To the extent it is lawful, we accept no responsibility for any loss that you may suffer should any Tutor be unsuitable.   

k.                  If any Engagement means that a Tutor would be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), then as per the Conduct Regulations 2003 (i) you are responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) you must notify to us that you will provide such accommodation and/or travel costs assistance so that we can provide relevant information to the Tutor. However, we accept no responsibility or liability where the Client fails in its obligations to us.

l.                    If another employment agency or an employment business (as defined in the Conduct Regulations 2003) uses the Services we will notify that to you and provide any other information to you if required to satisfy any of our legal obligations.

m.                Where a Tutor is required by law or any professional body to have any qualifications or authorisations to provide their services through our Web App, we will take all reasonably practicable steps to obtain, and offer to provide copies of, any relevant qualifications or authorisations. We will also take reasonably practicable steps to confirm that the Tutor is suitable to provide their services. If we are unable to fully comply with these requirements, we shall inform you of the steps we have taken to supply the necessary information.

n.                  As the Tutors may be required to work with Vulnerable Persons we will also seek to obtain two references from persons who are not relatives of the Tutor and who have agreed that the reference provided may be disclosed to any Client, and we will offer to provide copies of those references to Clients.

o.                  As part of the effective provision of the Services and quality control purposes, you agree to provide Reviews and consent that Tutors will provide Reviews about you to us. You must not knowingly provide false, inaccurate or misleading information in respect of Reviews. If we determine at our sole discretion that you are not an appropriate user we reserve the right to cancel your registration and remove you from our Web App.

p.                  You will provide to us any other information that we require, without limitation, in respect of record keeping. That means that we will require and you will provide relevant information requested from you while using the Web App of your engagements with Tutors.

q.                  We are committed to equal opportunities and you shall not and shall not seek to cause us to unlawfully discriminate in relation to the services to be provided by us to you.

5.       Your obligations

a.                  You agree to fully, properly and accurately complete Twelve Oak’s Client registration process (as set out on our Web App from time to time warrant) and you warrant that the information you supply to us is correct.

b.                  Should you successfully apply for an Engagement, it is between you and the Client to agree what work/service is to be done and the relevant contractual terms. We play no part in that process and for the avoidance of doubt we are not responsible for payment to Tutors for any such services notwithstanding that we provide an optional third party payment Feature to help enable you to pay the Tutor. You, the Client, are solely responsible for making payment to the Tutors you use, on the terms you agree with the Tutor and, in the unlikely event it may be applicable, for running any related compliance processes, such as under Chapter 10 of Part 2 of Income Tax Earnings and Pensions Act 2003 (also known as the "IR35 reforms”). We are not the fee-payer under the IR35 reforms nor a temporary work agency under the Agency Workers Regulations 2010.

6.                  Licence to use the Web App and Intellectual Property

a.                  Our Intellectual Property: "Twelve Oaks” (word) and all other names, logos, icons and marks identifying us, the Web App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the Web App. By using the Web App under licence you do not acquire any Intellectual Property in our Web App and all right, title and interest to all such intellectual property remains with us or our licensor(s)(as the case may be).

b.                 Licence: Provided that you have a valid account with us in respect of your access to and use of the Web App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the Web App for your lawful personal use. You may not distribute, rent, lease, lend, sell, transfer or sublicense the Web App, nor copy, decompile, reverse-engineer, dissemble, attempt to derive the source code of, modify or create derivative works of the Web App except to the extent as may be permitted by the licensing terms of any open sourced components included in the Web App and to the extent that the foregoing restrictions are not prohibited by applicable law. You hereby grant to Twelve Oaks a non-exclusive, non-transferable, revocable licence to use your name, logo, icon and marks and any media (photographs or video or similar) identifying you and any other media you provide to us on our Web App for the proper provision of the Services.

7.      Confidentiality

a.                  You agree and where applicable will procure that your child who is uses the services of a Tutor agrees and we agree that during and after the termination of these Terms, each will not, without appropriate consent, use or disclose to any other person any information of the other which is identified as confidential or which is confidential by nature. You hereby give and you procure that your child gives consent to us to share with Tutors any information provided by you and/or your child under these Terms or when using the Services when you or they create and maintain a profile and/or purchase a Tutor’s services. Further, you hereby provide consent to us to disclose, publicise, market or otherwise make use of for valid business reasons the fact that you use our services (Tutors will be required to provide a similar consent to the disclosure of such information). We can also use relevant information about your relationship with us for valid business, administration and investment reasons. Further, we can publicise on our Web App or elsewhere on an ongoing basis any testimonials or similar which you choose to provide to us.  

b.                  Further, you acknowledge that you should agree separate terms with Tutors to ensure that they keep your information confidential. 

c.                  Either party may make disclosures as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, to assist in criminal proceedings or to use information which is lawfully in the public domain.

8.      Data Protection

Please see our relevant privacy notice for Clients and their children by using this link. Where a Tutor is also a controller of your data, you can request a copy of their privacy notice relevant to you and your child directly from the relevant Tutor.

9.      Price and payment

a.                  We do not charge Tutors. We will inform you if that will change. The Client pays a commission to us, separate to the Tutor fee which the Tutor charges direct to the Client.

b.                  Our clear payment terms and information for our fee in force from time to time will be provided to you separately, whether on or Web App or otherwise, and costs will vary for different Tutors and learning opportunities. We will set out to you separately in what currency we expect payment and whether or not VAT is payable. We will issue invoices for such payments as appropriate, either to note payments made correctly or to request unpaid amounts and which unpaid amounts will be due and owing and payable immediately.

c.                  Tutors are responsible for dealing with any consumer law related rights or processes of any Client in respect of Engagements and course content delivered and any refunds in respect of those services provided independently by Tutors.

d.                  As we provide a digital service to introduce you to Tutors and which service would have been performed by the time you pay our fee, we do not offer any refunds save in exceptional circumstances which we can discuss with you as and when required.

e.                  We have provided a third payment facility on the Web App for payment when selecting your requested purchases. This includes by credit card and via third party payment providers which allows you to pay us and the Tutor in a way that is compliant with the Conduct Regulations 2003, so that the Client can make one payment and which is split by the third party payment provider to pay the Tutor and us separately in the same transaction (although the payments might flow automatically through one of our or the Tutor’s accounts with the third party providers), or such other payment methods as we may notify users of from time to time. We never hold the Tutor’s monies. If you wish to use another payment method, please contact us to discuss that.

f.                   You acknowledge that we merely provide a platform and that we are not a payment provider or a ‘merchant’ for payment. Instead, payment services are provided by a payment provider integrated into the Web App and with which payment provider the Tutor must setup their own account and bear their own transaction fees. However, please note that this third party payment facility is optional, we cannot legally force you or Tutor’s to use that facility and Tutors may use their usual charging and payment methods when dealing with Clients for payment.

g.                  If we have not received payment by the due date, and without prejudice to any other rights and remedies we may have:

                                                  i.     we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the due amounts remain unpaid; and

                                                ii.     interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.

h.                  We reserve our right to introduce other lawful payment terms at our discretion subject to us giving you reasonable notice about such terms and the opportunity to cancel your registration with us before you incur any cost.

10.   Status

For the purposes of providing a platform which introduces Clients to Tutors for direct engagements, we are an employment agency but we are not an employment business. Nothing in the Terms shall render us as an employment business. We do not contract with you nor the Tutors directly in respect of the services that you require Tutors to perform. It is between you and the Tutors at your respective risk to contract with each other about any such services and usually the Tutor will have provided information about the learning opportunity they are offering on Web App, setting out their offered content and price (and which is for the Tutor to decide to put forward  on the Web App for your consideration, and whilst we might provide data on what content or pricing might work for them, we make no decisions in respect of the course content or pricing).  We merely provide the Services. Further, nothing in this agreement shall render our employees or other staff as an employee, worker, agent or partner of you or the Tutor, nor render any Tutor as our employee or contractor, and they shall not be held out as such.

11.  Liability

To the extent that you are considered a consumer under applicable UK law, the following liability terms and rights terms apply in this section titled "Consumer terms”. To the extent that you are not a consumer under applicable UK law, given that you are using our services for recruitment purposes so that we are bound to comply with the Conduct Regulations 2003, the section titled "Consumer terms” does not apply and instead the section below titled "Non-consumer terms” shall apply:

Consumer terms:

a.      We are not responsible for certain losses in connection with you using our Web App or Services, such as losses which are:

i.      Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

ii.     Caused by a delaying event outside our control. As long as we contact you as soon as possible to let you know and do what we can to reduce the delay.

iii.   Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

iv.   A business loss. It relates to your use of a product for the purposes of your business or profession.

b.       Nothing in the Web App or disclaimer affects your statutory rights as a consumer. Please see our General Terms and Conditions and our Acceptable Use Policy as applicable for further information about your rights and ours and the extent to which we lawfully exclude liability when providing our website, services and content. By using our Web App and services and accessing our content, you agree to our lawful terms and conditions and the terms of our disclaimers.

c.       If you think there is something wrong with the Web App, you must contact our Customer Service Team here. Your legal rights as a consumer are summarised below. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.

Non-consumer terms:

a.      Our total liability to you for losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount equivalent to 200% of the average yearly revenue we have received from you (and for the avoidance of doubt, this means our fee (as notified to you on the Web App from time to time) only and not including the separate fee passed from you to the Tutor through the Payment Services Provider).

b.      To the maximum extent permitted by law, we accept no liability for any of the following:

                                                  i.     any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

                                                ii.     loss or corruption of any data, database or software; or

                                              iii.     any special, indirect or consequential loss or damage.

c.      Should you fail to satisfy any of your contractual or legal obligations to us or Tutors, or any other relevant person as set out, mentioned or alluded to in the Terms, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result and you hereby indemnify and keep indemnified us against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs) suffered by us in connection with any such failure by you as above.

12.   Non-Solicitation

You agree that whilst you may hire a Tutor direct where that means they no longer use our Web App to provide their services to you and we will not stop that, in that case you agree that you must pay to us a lump sum payment £500 as a commission fee and that you will make full payment within 14 days of our relevant invoice and which invoice we may submit at any time from the date that the Tutor commences permanent employment or some other form of engagement with you. You will provide to us all reasonable and lawful information requested by us to ensure that our legal rights and legitimate interests under these Terms are protected.

13.              Lesson recordings
As part of our tuition service, we use an online classroom platform which records each lesson. These recordings are accessible to the student and tutor, and are stored securely for a period of 90 days. After this retention period, the recordings are permanently deleted. They are used for educational purposes only (review of lessons, revision, feedback) and are not shared with third parties. By opting to use the Lessonspace to hold your lessons with clients, you consent to these recordings under this policy. More information on your privacy rights can be found in the privacy policy here.

14.              Disclaimers

a.                  While we provide a platform for introducing Tutors to Clients where that is lawful and Features which users of our Web App choose to use at their discretion to facilitate communication and payment between Tutors and Clients, we do not provide the services carried out by Tutors and, as far as we are aware, we are not bound by the regulatory requirements which might apply to Tutors. Tutors must satisfy their own regulatory and other legal requirements when engaging with and contracting with Clients on separate terms to be agreed between those parties.

b.                  Although we make reasonable efforts to update the information provided by the Web App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

c.                  We do not guarantee that the Web App will be completely free from online harm. You remain responsible at all times for any information you choose to share on our Web App.

15.              Termination

a.                  Either of us can terminate your registration of our Web App for any lawful reason and without notice. We may also with for any reason and without notice:

                                                  i.     remove any content you publish on the Web App;

                                                ii.     verify your information by requesting certain documents and refuse your requests to use the Web App if we believe there is lawful reason to do so;

                                              iii.     take any steps to terminate or suspend your use of the Web App if we believe you have failed to comply with any of the provisions of these Terms; and

                                               iv.     if we decide to terminate, suspend or refuse to allow your use of the Web App, share or publish your name and email address and notify relevant third parties to make that termination, suspension or refusal effective.

b.                  Thereafter, any continued use of our Web App as an unregistered user will continue to be subject to terms set out on the Web App for unregistered users. For the avoidance of doubt, any terms stated to survive the termination of these Terms and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms.

c.                  We will discuss with you and the relevant Tutors whether any refunds are due to Clients from us if a Tutor’s registration with our Web App is terminated. It is a Tutor’s legal responsibility as a trader to a consumer consider if they owe the Client any refunds at any time.

16.              General

a.                  The Web App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

b.                  We recommend that you back up any content and data used in connection with the Web App, to protect yourself in case of problems with the Web App.

c.                  The Web App and Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Web App and the Services (as described in any App related documentation) meet your requirements. Please check these Terms from time to time to take notice of any changes we made, as they are binding on you.

d.                  We will notify you of any changes to these Terms and submit those to you for approval. Where you decline approval we reserve the right to immediately terminate the contract between us where that is lawful to do so.

e.                  Each of you and Twelve Oaks acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.

f.                   We may defer the date for performance of the Services, or terminate these Terms, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.

g.                  Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.

h.                  No provision of these Terms shall be enforceable by any person who is not a party to it.

i.                    If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.

j.                    Any notice or other communication given to a party under or in connection with this agreement shall be in writing by email or by appropriate notification on our Web App and which is deemed to be given when sent.

k.                  These Terms shall be construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts. Your use of the Web App may also be subject to other local, state, national or international laws.

l.                    Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.

m.                Complaints and Disputes: Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the Web App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the Web App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint.

n.                  Where you consider you have a legal cause of action in respect of the information shared with you or actions or omissions by another user of our Web App, you must raise that matter directly with that other user and their legal representative and you may inform us where you consider it is relevant to our legal obligations. You hereby agree that we are not, except to the extent required by law, liable for anything which occurs between you and another user and you will not hold us liable whether you are satisfied or not with the outcome of any investigation we may carry out on your concerns raised.

o.                  Our contact details: Twelve Oaks Tuition is a trading name of 12 OT LLP. Our company number is OC458313 and we have our registered office at The Four Columns, Broughton, Skipton, BD23 3AE. You can contact us by email at info@twelveoakstuition.co.uk.