Use of [the Zoom web-conferencing platform] OR [Google Meet or Skype] to access tutoring online

We [only] offer tutoring online (referred to below as “Tutoring”) [as an alternative that You can choose when the Student and/or the tutor cannot attend in-person (at Our premises or at Your home) for any reason].

We use technology which allows Us to provide Tutoring provided that You have the appropriate technology (see below) for the Student to receive that Tutoring. For this purpose, We use [the Zoom cloud-based web conferencing platform (“Zoom”)] OR [Google Meet or Skype].

Where We are to make any of the Tutoring available for the Student by means of [Zoom] OR [or Google Meet or Skype] rather than any other platform, it will be on the following basis.

The technology that We will be responsible for providing

We will subscribe to [Zoom] [or Google Meet or Skype] and will pay any necessary fees to [Zoom] [or Google Meet or Skype] to maintain that subscription. It will enable Us to act as “host” and to provide the Tutoring to the Student over the internet via the [Zoom] [or Google Meet or Skype] facility.

To receive or participate in any Tutoring via [Zoom] [or Google Meet or Skype], the Student will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for the Student to use the [Zoom] [or Google Meet or Skype] facility or join that session: You will only need to pay for the Tutoring made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any [Zoom] [or Google Meet or Skype] App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable the Student to use [Zoom] [or Google Meet or Skype].

The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You and the Student have access to, and familiarity with all necessary technology so that the Student can receive and participate in Tutoring via [Zoom] [or Google Meet or Skype].

You will need to ensure that the Student has access to and uses the following non-exhaustive list of facilities for this purpose:

An appropriate functioning Device which is adequately charged;

An up to date [Zoom] [or Google Meet or Skype] App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Tutoring;

Stable, reliable, internet access with adequate speed;

A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, and otherwise to participate as necessary without the presence of any other person to distract the Student or teacher/tutor;

A suitable desk and chair; and

Exercise/note books, pens, pencils, textbooks, and any other books, materials or equipment that the Student will need, as advised by Us before You place Your order for a Subscription.

We do not supply or make available the [Zoom] [or Google Meet or Skype] platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of [Zoom] [or Google Meet or Skype] as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the [Zoom] [or Google Meet or Skype] platform but is instead downloadable directly from Our Site.

Scope of what We make available to access

We do not, and cannot, assist You or the Student to obtain, set up, maintain, or operate any technology. If You or the Student need any assistance or advice about technology, You or the Student should seek it from an appropriate third party. We do not, and cannot, give You or the Student any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You or the Student need or use for the purpose of receiving Tutoring. However, We may, if You request it, either before or during any session of Tutoring, and without charge, offer suggestions in good faith to resolve any problem with that technology that You or the Student report, but it will not be in the nature of advice to either of you. We do not therefore take on any responsibility or accept any liability to either of you if any such suggestion does not help You or the Student to resolve any problem or if by following any such suggestion You or the Student experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable in respect of that damage under sub-Clause 14.3.

We will not be responsible or liable to You or the Student if the Student is unable to access any Tutoring due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Tutoring that We have made available to You for the Student. Such causes beyond Our reasonable control may include (but are not limited to):

Where You or the Student are unable to resolve any technology problem (whether or not either of you have asked Us for or We have offered any suggestions as to how to resolve the problem); or
Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You or the Student use or rely on;
Failure of or defect in the [Zoom] [or Google Meet or Skype] platform used by Us or You or the Student to make Tutoring available to the Student; or
Your or the Student’s inability to access Tutoring due to failure of or defects in Our Site etc.

Account setup needed

In order to purchase any Subscription and enable the Student to receive any Tutoring, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

When You open an Account, You will be asked to confirm that You request Us and give Us permission to teach the Student as appropriate according to each Subscription that You subsequently purchase.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You [will][may] be asked for additional information regarding Your Account, such as Your e-mail address.

Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone except the Student. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining and ensuring that the Student maintains the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You or the Student log out from Your Account at the end of each session of the Student’s access of Tutoring. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use, and must not allow the Student ever to use, anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your or the Student’s information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

If You wish to close and delete Your Account, You may do so via the ‘or Google Meet or Skype’ section of Our Site.

Your privacy and security on each occasion when Tutoring is accessed

EITHER

Note that all Tutoring that You purchase will be accessible only to the Student as an individual private session.

OR

Where any Tutoring that the Student accesses is two way synchronous livestream audio and/or video technology (not a pre-recorded one way transmission), on the occasion the Student accesses it, it will be made simultaneously available on that occasion only to the Student as an individual session

unless We have specified that it is to be simultaneously accessible to others who have also purchased it and choose to access it.

Therefore, if We specify that a particular two way session is also accessible to others, the following will apply to that session, and You are responsible for bringing this to the attention of the Student:

When the Student signs in to[Zoom or Google Meet or Skype, they should indicate their first name only since their name will be visible to Our other clients taking part;
You and the Student understand and are aware that there is a risk that other clients and other people may see and hear (via the video and/or audio facilities of the [Zoom] [or Google Meet or Skype] App and Your Device) not only the Student but also the Student’s space and its surroundings and other people in or near that space and its surroundings when the Student is participating in the session;
You should ensure that the space the Student uses is free of others and it should be difficult to see or hear via the [Zoom] [or Google Meet or Skype] App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide that the Student will use a private room and/or wear headphones;
There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
We cannot ensure privacy or confidentiality due to the nature of two way sessions involving Our other students as well as the Student; and
In any event, it will be Your responsibility to ensure that the Student has a suitable space to use when they participate in any two way session in order to protect their privacy and that of others in or near that space where other clients have access to the session.

We will not be liable to You or the Student for any loss or damage arising from Your or the Student’s failure to comply with the above requirements.

Health and Safety

You acknowledge and agree, and will ensure that the Student acknowledges and agrees that:

Certain particular sessions or a series of sessions may be unsuitable for the Student if they have special needs, or any mental or physical health problem or condition, depending on the needs, problem or condition concerned;
When You purchase a Subscription or a digital content at least 48 hours before the Student participates in any session,

EITHER

You must tell Us of any such needs, problem or condition of which You are aware which might be relevant to the Student participating in that session. We will [discuss with You any such matter that You tell Us, and] inform You if We decide not to accept Your order for a Subscription because of the particular needs, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter; and

(c) Due to the remote nature of online tutoring, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session the Student falls ill, has an accident or experiences any other problem, and, accordingly, throughout the session, You must be at the premises [where the Student participates in the session] [and must supervise the Student where and to the extent necessary]. [You must be contactable by Us by mobile phone in case We decide that We wish or need to speak to You immediately before or after, or at any time during, any session.]

9. Teachers, and tutors

Please note that:

1. We will in Our discretion decide which teacher/tutor to assign to each session. Where a Subscription comprises more than one session, We may assign different teachers/tutors to different sessions, but will endeavour to minimize the changes of teacher/tutor from one session to the next in relation to each Subscription;

2 . In any event, the teacher/tutor who We assign to any session will be appropriately qualified as a teacher/tutor of the subject in question at the appropriate level and will be competent to conduct that session;

3. Details of actual or minimum qualifications of the teacher/s or tutor/s who We may or will assign to any session will be available to see on our Site;

10 Scope of Our teaching/tutoring – interactive sessions

Period of sessions: Where a session is a live two way interactive session, We will provide individual tuition for the Student for a period of 45 minutes (or any other period that We agree with You when You purchase a Subscription)

Trial session: Where the Student has not previously received any live two way interactive tuition from Us in the subject concerned, We may agree to provide a single live two way interactive session as a trial for a period of up to 30 minutes so that You and the Student can decide whether to continue with further sessions with Us in that subject.]

Progress of Student: Whilst We will use Our reasonable endeavours to ensure that the Student makes satisfactory progress, results will differ from student to student depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one way recorded sessions, any homework adequately attempted or completed by the Student, and the Student’s aptitude.

Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular result will be brought about (including passing any examination) as a result of the Student taking part in or viewing any session(s). In particular, carrying out any such homework assignments as We might advise or prescribe is a prerequisite of making satisfactory progress.

Examinations: Where We decide that We are able to do so, We may recommend to You and the Student, as and when appropriate, when We consider that he/she is ready for any relevant examination

Attendance: If the Student is not available for a session for any reason it is solely Your responsibility to ensure that the Student makes up for that missed session by purchasing an additional session if necessary.

Punctuality: Students are expected to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that they are ready to start on time.

Course materials etc: We may make suggestions as to any textbook or other materials that the Student should purchase or otherwise acquire where We think it is necessary or helpful for the Student to have a copy to use during or outside sessions but We cannot provide such books or materials for the Student.

Homework Assignments: We may give the Student a homework assignment at the end of a session, and he/she should complete it prior to his/her next session. It is best if the Student has a quiet place to work on his/her homework assignment without interruption.

Preparation for each session: The Student should attend each session prepared by completing any homework assignment that We give to him/her at the previous session. Such adequate preparation is more likely to result in satisfactory progress in the subject concerned. It is not Our responsibility to ensure that the Student carries out homework assignments.

Records: The Student should provide and maintain a tuition session diary and this can be in the form of notebook in which the Student can make notes, setting out any information useful or necessary to the Student when carrying out a homework assignment or to prepare for an examination.

Our commitment, amount of tuition needed and maximum tuition to be provided on any day/in any week: We agree to teach the Student at the agreed times and days. It is not possible to determine at the outset how much tuition the Student will require.

Parent/Guardian’s involvement: You are encouraged to take an active interest in the Student’s study of the subject concerned and be involved in their homework assignments to the extent that that is practicable and helpful to him/her. You should where necessary provide them with a quiet place for him/her to study and carry out homework assignments, revision and examination preparation without interruption, and suggesting a set time/s for carrying out homework assignments to fit in with his/her weekly routine.

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