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White Rose Terms And Conditions

 

1. Introduction

1.1 All of our terms and conditions apply to users of our website, including tutors and students. White Rose Tuition website allows students to find suitable tutors and for tutors to advertise their services. Students can also book and pay for lessons via the White Rose Tuition website.

1.2 The White Rose Tuition Website is owned and exclusively operated by White Rose Tuition.

1.3 Both students and tutors may register on the White Rose Tuition website. Any information stored on our site is done so securely (see Privacy policy).

1.4 All users who either visit or register on the White Rose Tuition website agree to be bound by our Ts & Cs which must be thoroughly read by all parties before agreeing to them. Users are encouraged to print & save the Ts & Cs for their future reference.

1.5 All individuals who agrees these terms and conditions and contract on behalf of a company or organisation hereby confirm that they have authority to act on behalf of that entity. 1.6 Definitions of key terms,

a. “booking” – the booking of an individual slot of tuition on our website.

b. “complaint” – refers to a student who is unhappy with the service of a White Rose tutor for any reason.

c. “content” – refers to any written or visual material that is published on the White Rose Tuition website.

d. “DBS” - The Disclosure and Barring Service (DBS) that appears on a tutor’s profile on our website refers to the background checks provided by the DBS, Disclosure Scotland or Access Northern Ireland. White Rose Tuition cannot verify any claim made by tutors on their profile that they have passed or indeed obtained this background check. White Rose Tuition asks that DBS checks must have been awarded no later than 24 months following a tutor’s registration on our site. Parents and students take full responsibility for their chosen tutor’s DBS status and can and should ask to view this document.

e. “missed payments” – means a failed payment for a lesson.

f. “lesson” – a period of time during which education is delivered by a tutor for the benefit of the student.

g. “lesson fee” – refers to monies paid by a student or parent/guardian of said student, for the one to one tuition period, either face to face or online.

h. “missed lesson” – refers to a booked lesson that a student claims has not taken place.

i. “online lesson” – is where tuition takes place over the internet using a software application like Skype, Microsoft Teams, Zoom etc.., typically also viewing by webcam.

j. “registration fee” – is the fee students pay White Rose Tuition to gain access to our library of tutors.

k. “review” – any testimonial that appears on our website to rate our tutors.

l. “student” – a person who users our website, registers and is at least 18 years of age. If the student is below 18 years of age, a parent or guardian must register on the student’s behalf.

m. “tutor” – refers to a person who has registered on White Rose Tuition’s tutor page.

n. “tutor commission” – refers to the proportional sum of money collected by White Rose Tuition as agent for each tutor.

o. “White Rose Tuition” means the company trading as White Rose Tuition.

p. “user” – refers to anyone who uses White Rose Tuition website, registered or not.

q. “website” – means the website domain https://whiterosetuition.co.uk.

 

2. White Rose Tuition Rights & Responsibilities

This clause outlines the intentions of White Rose Tuition:

2.1 To enable tutors and students to communicate and make introductions by allowing tutors to advertise their professional tuition services on the website, and students to book and pay for lessons.

2.2 To maintain a fully working website, booking system and web chat, wherever possible. These aims are not guaranteed but White Rose Tuition will always aim to have the site up and running properly. Periodically, the website might need to be taken offline for maintenance purposes. 2.3 White Rose Tuition will give notice of all planned down periods when the website is offline.

2.4 White Rose Tuition will try to the best of their ability to eliminate any viruses/worms.

2.5 White Rose Tuition will take reasonable steps to verify the identity and DBS of all tutors. If a student or parent is concerned about any tutor, do not meet a tutor alone and make White Rose Tuition aware of this concern.

2.6 White Rose Tuition decides when a tutor has been vetted and their profile is sufficiently completed to appear on the website.

2.7 To communicate new bookings via email to tutor and student.

2.8 White Rose Tuition aims to pay a tutor for a lesson taught within 48hrs after the lesson date. This period may be extended if a complaint has been made against the tutor and will not be paid until resolution of the complaint.

2.9 To aim to resolve any complaints quickly and thoroughly and in accordance with these terms and conditions.

2.10 To aim for the speedy processing of refunds according to our T’s & C’s. Page 3 of 11 Ver. 01 21/10/20

2.11 Any failed payments will aim to be processed again promptly and in accordance with these terms and conditions.

2.12 White Rose Tuition will store appropriately and safely students’ and tutors’ details/information with utmost care. (see Privacy policy)

2.13 To monitor all communication on our Web chat service in order to identify and cease any misuse of the White Rose Tuition website, as set out in these terms and conditions.

 

3. Website User Responsibilities – for both students and tutors, and anyone else who uses the Website.

3.1 The security of all users, off-line and on-line on our website rests with the user.

3.2 Any person who posts messages on our website is responsible for this material. Offensive, illegal or inflammatory posts are not allowed and must not be posted.

3.3 Users must contact White Rose Tuition immediately if they see material as listed in clause 3.

3.4 White Rose Tuition does not guarantee the accuracy of information or content on its website.

3.5 Users should contact White Rose Tuition in the event of any compromised passwords. Any actions that take place before a reset are the responsibility of the user.

3.6 Users are not permitted to promote the services of any other company than White Rose Tuition on the website.

3.7 Users must agree to the Privacy Policy provided through the Website.

3.8 We reserve the right to suspend any user from our website if they fail to comply with our T&C’s. This includes our right to cancel any existing bookings.

 

4. Student Responsibilities

4.1 White Rose Tuition does not take any responsibility for the actions or omissions of students or tutors.

4.2 To book a tutor a student must be at least 18 years old. Minors must be represented by a parent/legal guardian who may give consent for them to receive tuition from a tutor via our company. White Rose Tuition is not legally responsible for any disagreement between a person under age 18 and their parent/guardian.

4.3 Students must make sure that their email address and personal contact details are up to date. White Rose Tuition uses email in all correspondence with students.

4.4 When a booking is made more than 24 hours in advance of the start time of the first lesson, students have up to 12 hours before their first Lesson with a new Tutor is due to commence to confirm or cancel the booking. When a Booking is made within 24 hours of the start time, students have up to 2 hours before their first lesson with a White Rose tutor to commence and confirm the booking.

4.5 Before confirming a booking for their first lesson with a White Rose tutor, the student must have paid the White Rose registration fee.

4.6 At the point of the first lesson booking made by a student, the student then gives authorisation to the tutor to make subsequent bookings on their behalf. After the completion of the lesson and payment from the student, White Rose Tuition will deduct their stated commission fee before processing the tutor’s earned lesson fee

4.7 White Rose Tuition accepts no liability in relation to the Tutor’s provision of lessons. When a Booking is confirmed, the student enters into a direct contract with the Tutor.

4.8 When a confirmed booking exists, the student must ensure that they have a valid debit/credit card registered on the website, with sufficient funds to cover the booking.

4.9 It is against our T&C’s for any student to circumvent or disintermediate White Rose Tuition in any manner at the commencement of booking a tutor, up to and inclusive of a period of six months from the date of the first lesson. The only exclusion to this clause is if White Rose Tuition has barred a student or tutor according to Clause 4.14. All booking made after the first booking must be booked through the White Rose Tuition website exclusively.

4.10 It is a student’s responsibility to ensure that correct address or Skype I.D details are given to the tutor and if in the student’s home, that a suitable setting is arranged.

4.11 Students take full and sole responsibility for checking the qualifications, references and insurance policies and credentials of a tutor with whom they confirm a booking using the White Rose Tuition website.

4.12 Students are responsible for checking that Bookings made by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email (except where a student has chosen to alter their notification settings to exclude email communications) and through the Website only.

4.13 Students are responsible for providing the correct equipment to conduct online tuition where this is the chosen method of tuition. No refunds will be made to a student for problems relating to the breakdown of equipment, broadband connectivity issues or any other technical difficulty that occurs.

4.14 White Rose Tuition reserves the right to immediately ban and exclude any student who fails to comply with these terms and conditions. White Rose Tuition reserves the right to cancel any existing bookings in such circumstances.

4.15 Students may cancel any booking, without incurring any charge, by giving more than 12 hours' notice.

4.16 A student's statutory rights will not be affected by these terms and conditions. Page 5 of 11 Ver. 01 21/10/20

4.17 By agreeing to these terms and conditions, a student is not under any obligation to sign up with any tutor or make any bookings. 4.18 After paying for any outstanding lessons, a student may cease to use the White Rose Tuition service at any time.

 

5. Tutor Status and Responsibilities

5.1 Tutors are solely responsible for their own actions both on and off the website and are not employees of White Rose Tuition.

5.2 To be a self-employed White Rose tutor you must be at least 18 years old.

5.3 All tutors must be legally entitled to work in the United Kingdom on a self-employed basis.

5.4 Contact with students who are under 18, must only take place if a parent or guardian of the minor is present. The parent/guardian must give consent for the student to receive tuition.

5.5 It is the tutor’s responsibility to ensure that their tutor profile is current, accurate and truthful.

5.6 Tutors must disclose any cautions or criminal convictions received at any time on registering on the White Rose Tuition website and subsequently whilst their profile is active and visible. We reserve the right to refuse registration of any tutor to whom this applies for whatever reason we feel fit.

5.7 Tutors who claim to have D.B.S checked status must meet the requirements set out in clause 1.6d of our definitions of key terms.

5.8 Any Tutor who, in our opinion, fails to comply with these terms and conditions will be barred with immediate effect from using the website and related services. White Rose Tuition reserves the right to cancel any existing bookings at any time in such circumstances.

5.9 Tutors are solely responsible for taking out and updating their own insurance policies to cover the work they do; ensuring a safe environment for themselves.

5.10 Each tutor is responsible for setting their own tuition rate fee. They must not undercut White Rose Tuition and must, therefore, set their tutor fee on the website for an amount which is the same as the fee they offer to students outside of White Rose Tuition.

5.11 Tutors must agree to any ranking and rating system for tutors that White Rose Tuition introduce. The parameters we will use are likely to include the following: profile data, student review ratings and number of lessons taught by the tutor. White Rose Tuition reserves the right to change the way tutors are ranked at any time.

5.12 Tutors agree not to disintermediate White Rose Tuition by soliciting or attempting to solicit any private arrangements between the tutor and student which excludes White Rose Tuition This clause remains binding for a period of up to six months following the commencement of the first lesson booked via the White Rose Tuition website.

5.13

Tutors must make a booking to account for any meeting time between themselves and the tutee including a trial and/or assessment visit. Each contact occasion must be pre bookable through the White Rose website.

5.14 Tutors must only book lessons that are pre agreed by the student or the parent/ guardian of the student. Extra lessons booked by a tutor without this permission may result in a charge incurred by the tutor in refunding the lesson fee (in the case of a change of mind for these lessons that are booked without full permission.)

5.15 Tutors must attempt to call their student in the event of the student being absent from the scheduled lesson. Evidence of the call should be provided, and tutors should allow at least 15 minutes from the scheduled start time of a lesson for students to attend. This clause ensures that a tutor has done everything possible to alert their student to their failure to attend the scheduled lesson.

5.16 It is not permissible for tutors to complete coursework, or any similar assignments, on behalf of students.

5.17 Tutors must make sure that all written communication with students to organise bookings and arrange lessons takes place via the website. For example, via our SMS service.

5.18 Tutors shall indemnify White Rose Tuition for all claims and liabilities arising out of any use by the Tutor of the website, including any costs and expenses accrued.

5.19 Tutors must ensure that they own the correct equipment necessary to conduct online tuition and that it is in full working order. White Rose Tuition take no responsibility for failed lessons due to faulty equipment or broadband connectivity issues.

5.20 Tutors are responsible for ensuring that they are punctual and arrive to the lesson location at the agreed time as booked on the website. Tutors who are late for a lesson must provide evidence that they contacted the student directly to make them aware of their lateness and that the student was happy to reschedule the lesson. Any Tutors who fail to do so will be liable to refund to the student any tutor fee they have received for the relevant booking.

 

6. Payment

6.1 Lesson fees are displayed, and their bespoke rates set by the tutor on their profile page. Tutors should remind students of their fees on the first booking communication in the spirit of clarification at the onset of their mutual arrangement. A lesson fee is made up of the tutor’s stated rate amount and White Rose Tuition’s commission fee. White Rose Tuition reserve the right to amend the commission rate at any time.

6.2 A student registration fee is charged before the commencement of any tutor contact details being made available and visible to the student. Only when this fee has been paid will a student be able to receive the contact details for their chosen tutor and book any lessons. White Rose Tuition reserve the right to amend this student registration fee at any time.

6.3 White Rose Tuition apply a tutor commission fee for all delivered lesson by tutors. This is deducted by White Rose Tuition upon receipt of payment by the student/guardian. The remaining lesson fee is then paid to the tutor, usually within 72 hours of the commencement of the lesson. Payment to the tutor for their lesson fee is only processed once payment from the student has been received and duly processed.

6.4 If a tutor or student has any concerns about payment of any kind they should contact (in writing) White Rose Tuition as soon as possible and preferably within 24 hours. Complaints made after this period may take longer to resolve.

6.5 The student must make payment on the same day as the scheduled lesson has taken place via the White Rose Tuition website.

6.6 If any student cancels a booking less than 12 hours before the relevant lesson is due to commence, the lesson fee is still required and must be paid by the student or parent/guardian according to clause 6.5

6.7 Any complaints made by students and tutors for whatever reason should be made promptly and in written form within 24 hours of any alleged incident. White Rose Tuition match students to tutors very carefully and will endeavour to assist both parties in resolving any issues that may arise between them. However, White Rose Tuition does not take responsibility for the breakdown of relations between said parties.

6.8 Students will be charged the full lesson fee for online lessons, as long as the tutor attended the online classroom for at least 15 minutes from the lesson’s scheduled start time. No charge will be made to the student if a tutor does not attend for at least the first 15 minutes of a lesson and, therefore, give the student sufficient opportunity to attend.

6.9 If a lesson does not take place because of student absence (whether in person or online), the student will be charged the full lesson fee.

6.10 Payment processing services on White Rose Tuition's Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as a Tutor on White Rose Tuition's Website, the Tutor agrees to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Tutor agrees to provide White Rose Tuition with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises White Rose Tuition to share with Stripe such information and transaction information related to Tutor's use of the payment processing services provided by Stripe.

6.11 White Rose Tuition aims to transfer tutor lesson fee payments within 72 hours of a delivered lesson following a successful payment by the student. We cannot, however, guarantee this time frame, but will do our utmost to make timely payments to our selfemployed tutors.

 

7. Cancellations

7.1 A student has a right to cancel a booking at any point before the scheduled start time of a lesson.

7.2 To cancel a lesson a student must cancel the relevant booking on the White Rose Tuition website. Cancellations made through direct contact with the tutor, such as by text or phone, and not through the website, may result in a lesson fee being incurred by the student.

7.3 Cancellations made 12 or more hours before a Lesson is due to start will incur no charge to the student.

7.4 If a student cancels a booking less than 12 hours before the scheduled lesson time, full payment for the lesson must be made by the student according to Clause 6.5.

7.5 Tutors have the right to cancel a booking at any time prior to a lesson taking place. To do so, tutors must inform the student directly via the W.R T website and cancel the booking on the website. If a tutor chooses to cancel a lesson, the student will not be charged any lesson fee. If the student has already paid for the lesson, this will result in a full refund of the parent’s fee.

7.6 Bookings cannot be cancelled after the lesson has commenced.

 

8. Complaints

8.1 If a parent wishes to make a complaint against a tutor, they should do so by sending an e mail to whiterosetuition@mail.co.uk. Please include the full details and date and time of the lesson or lessons and your grievances. White Rose Tuition will then conduct an investigation and respond to the parent complaint within 7 working days.

8.2 A student should inform White Rose Tuition of a complaint by either phone or email within 48 hours after the scheduled finish time of the relevant lesson. 

8.3 Following receipt of a complaint from a student, White Rose Tuition will contact the tutor within 72 hours of the complaint being received, by email and text message to inform the tutor that a complaint has been raised.

8.4 Any refunds that arise from a complaint will be at the full discretion of White Rose Tuition. Refund payments will aim to be processed with 7 days of the resolution of the complaint.

8.5 Complaints received after 72 hours following a lesson delivered by a White Rose tutor will be investigated. However, this may result in a delay of response to the student who has raised the complaint. In all cases we will endeavour to respond promptly and within 14 days of the complaint.

8.6 White Rose Tuition accepts no liability in relation to complaints and services provided by a tutor. It is at our discretion whether to issue refunds for dissatisfaction, however White Rose Tuition takes all complaints very seriously and aims, (in its matching process ), to ensure complete satisfaction in the pairing up of students with the most suitable tutors.

8.7 Should White Rose Tuition find that a Missed Lesson occurred due to any failure of White Rose Tuition to meet the terms set out in clause 2 of these terms and conditions, White Rose Tuition will refund the Student any Platform Fee paid. 8.8 White Rose Tuition reserves the right to offer any student, as a gesture of goodwill, payment of a sum equivalent to the full lesson fee. Such a payment will be awarded solely at White Rose Tuition’s discretion.

 

9. Failed Payments

9.1 As defined in clause 1.6e, ‘missed payment’ means an outstanding lesson fee for a booking, made through the White Rose Tuition website

9.2 In the event of a missed payment, a student will be informed by email of the failure and asked to retry the payment.

9.3 As the agent of the tutor, White Rose Tuition reserves the right to protect the tutor from further loss of earnings by cancelling lessons and their associated bookings at any point with a student who has an outstanding missed payment (including for a student who has an outstanding missed payment for a booking with another tutor)

9.4 In the event of a missed payment still being outstanding 96 hours after the scheduled end of the relevant lesson, White Rose Tuition will cancel all of the student's further bookings and inform the tutor by telephone personally that White Rose Tuition has been unable to collect payment on their behalf. The tutor must not make any further bookings for lessons with the student until the payment failure issue has been resolved

9.5 White Rose Tuition will not be liable to the Tutor for any lost earnings resulting from any missed payment.

9.6 White Rose Tuition reserves the right, (but under no obligation), to pay the tutor, as a gesture of goodwill, an amount equal to the tutor lesson fee for any lessons for which there has been a missed payment issue. This right is entirely at the discretion of White Rose Tuition.

10. Child Protection

10.1 The safety of children, young adults (under the age of 18), is of upmost importance to our company.

10.2 Any parent or guardian of a student under the age of 18, using our services through a self- employed W.R tutor, should not leave the child in the sole care of that tutor.

10.3 All WR Tutors must comply with the ‘The Tutors' Association Child Protection Policy’, whether or not they are a member of The Tutors' Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54- 243a369a420a/downloads/1cksgq6k5_30316.pdf

10.4 If any parent/guardian, tutor or other individual visiting the website has a concern regarding child protection, they should contact White Rose Tuition immediately.

10.5 White Rose Tuition's designated Child Protection Officer is Sarah Elliott

 

11. Disclaimers and Limitation of Liability

11.1 White Rose Tuition does not accept liability for any claims by the parent/guardian arising out of or related to the provision of tutoring services by the tutor. 11.2 White Rose Tuition will not be liable to the parent/guardian or any third party for any act, omission or error (whether wilful, negligent of otherwise of the tutor).

11.3 The parent/guardian shall indemnify and keep indemnified White Rose Tuition against any costs, claims or liabilities incurred by White Rose Tuition out of any booked lessons or as a result of any breach of these terms by the parent/guardian.

 

12. Intellectual Property

12.1 When submitting material to White Rose Tuition, students and tutors also grant to White Rose Tuition a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.

 

13. Changes to these terms and conditions

13.1 White Rose Tuition may change these terms and conditions by posting the revised version on the website at least 14 days before they become effective. Please check the website periodically to remain aware of any changes. Users will be bound by the revised terms and conditions if they continue to use the website or the services following the effective date shown.

 

14. Governing Law & Jurisdiction

14.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.

14.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.

 

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