Terms of service
Contained here are the Terms and Conditions which you must read and agree to before registering for the Bitmentor Website. Please take time to read and understand the Terms and Conditions before registering for the Bitmentor Website. Existing members shall be informed of these Terms and Conditions once they login. Continued registration with Bitmentor is deemed acceptance of these Terms and Conditions. These Terms and Conditions may change from time to time.
Please make sure that your email address we have stored for you is current and you can access it. You can update your email address within your Personal Info section once you sign in.
All tutors must read.
Definitions
1. The following expressions are given the following meanings:
(a) "Booking" means tuition lessons that are scheduled using the Bitmentor Website.
(b) Contract" means the agreement between the Tutor and the student for the Tutor to perform tuition services for the student.
(c) "Booking Tutor" means a Tutor who uses the Bitmentor Website to schedule tuition lessons and uses Bitmentor as an agent to collects payments on his behalf.
(d) "Complaint" means a claim by a student that the service provided by a Tutor falls below the standards the student expected of a Booking Tutor.
(e) "Independent Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the areas advertised by the Tutor on the Bitmentor Website, with the intention of entering into a Contract.
(f) "Lesson Fee" is the combined hourly fee of the Tutor fee and the Website Fee.
(g) "Members" means Tutors and students.
(h) "student" means a person that uses the Bitmentor Website with the intention of entering into a contractual relationship with a Tutor for the provision of tuition services by the Tutor to the student or the student's parent/guardian.
(i) "Tutor" means a Booking Tutor and an Independent Tutor.
(j) "Tutor Fee" is the hourly rate of the Booking Tutor.
(k) "Bitmentor Website" means the website operated by Bitmentor.
(l) "Website Fee" is the hourly fee of Bitmentor Website.
2. In these Terms-
(a) words importing the singular shall include the plural and vice versa; and
(b) words importing the masculine gender shall include the feminine gender and vice versa.
General
3. All business undertaken by Bitmentor, a Tutor and/or a student or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail.
Obligations of Bitmentor and related provisions
4. The Bitmentor Website has been established to allow a student to contact a Tutor and to allow a student to view the Tutor's profile. The Bitmentor Website also allows a Booking Tutor to make a Booking with a student.
5. Bitmentor will take precautions it considers appropriate to keep the details of a Tutor and student secure but will not be liable for unauthorised access to the information provided by a Tutor and student on the Bitmentor Website.
6. Bitmentor is not responsible for appraising information on the Bitmentor Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Bitmentor can offer no guarantee that Members are who they say they are.
Tutor Duties
7. A Tutor warrants that -
(a) he is of at least eighteen years of age;
(b) he has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Bitmentor Website;
(c) his profile and subject information provided on the Bitmentor Website is up to date, accurate and truthful; and
8. A Tutor must disclose any criminal convictions or cautions they may have to Bitmentor, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.
9. A Tutor who contacts a student who is under the age of 18 must ensure that the student has consent from a parent or a guardian to provide tuition services to the student.
10. A Tutor is responsible for the prices quoted for his services on the Bitmentor Website.
11. A Independent Tutor is responsible for collection of all fees due to a Tutor from a student. Bitmentor is not liable to the Tutor for any fees that have not been paid and will not get involved in any disputes about fees between a Independent Tutor and a student.
12. A tutor takes full responsibility for all information that he provides on the Bitmentor Website and must indemnify Bitmentor in relation to any liability incurred by Bitmentor as a result of such information.
13. A Tutor shall indemnify Bitmentor for all claims and liabilities arising out of any use by the Tutor of the Bitmentor Website, including any associated costs and expenses incurred, whether direct or indirect.
14. A Tutor must contact a student through the Bitmentor Website. Any other means of communication is prohibited.
15. A Tutor must not be in any way be abusive about a student or his nominee on the Bitmentor Website or any other place.
16. A Tutor is not an employee of Bitmentor and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the Bitmentor Website.
17. All information provided by a Tutor on the Bitmentor Website must be accurate and kept up-to-date. This includes a correct name, telephone number and qualification/experience details.
18. Use of the Bitmentor Website is entirely at a Tutor's own risk. A Tutor must exercise complete caution when using the Bitmentor Website and entering into any agreements to provide tutoring services to a student.
19. A Tutor must not complete on behalf of the student any coursework, essays, or other assignments.
20. A Tutor must not request any upfront fees. A Tutor must only accept payment for a single lesson at a time.
Bookings Tutors - Additional Duties
21. A Booking Tutor must book all lesson given to a student found on Bitmentor website using the Bitmentor Website.
22. A Booking Tutor must not make any agreement with either a student or any member of the student's family or the student's guardian which is intended to circumvent the relationship between Bitmentor and the student and to benefit the Booking Tutor at Bitmentor's expense.
23. A Booking Tutor must not accept any payments directly from a student.
24. Bitmentor has the right to withhold payments to tutors where we believe lessons are being booked outside the Bitmentor website. This may include tutors who have a very small number of booked lessons per student we have referred to them.
25. A Booking Tutor must only make bookings for lessons in agreement with a student.
26. If a Booking Tutor makes a booking for a lesson which a Booking Tutor fails to deliver to a standard expected by a student and Bitmentor, the Booking Tutor will be liable to refund the student the entire Tutor Fee for the lesson.
27. A Booking Tutor must allow at least 15 minutes from the scheduled start time of a lesson for the student to attend the lesson. If a Booking Tutor fails to do so, the Booking Tutor will be liable to refund the student the entire Tutor Fee for the lesson.
28. A Booking Tutor may cancel a booking before the scheduled start time of a lesson by informing the student directly and cancelling the booking on the Bitmentor Website.
29. A Booking Tutor agrees to take no payment for a lesson that is cancelled on the Bitmentor Website by a student before the scheduled start time of the lesson.
30. A Booking Tutor has 48 hours to inform Bitmentor of his intention to dispute a Complaint. Should a Booking Tutor not dispute a Complaint within 48 hours of being notified, the Lesson Fee will be refunded the student and the Tutor Fee will not be paid to the Booking Tutor.
31. If the Complaint is disputed by a Booking Tutor, Bitmentor reserve the right to hold the payment until the dispute is resolved. If a Booking Tutor cannot provide sufficient evidence against a student's claim, the student will be refunded the entire Lesson Fee and the Booking Tutor will not be paid the Tutor fee.
32. Bitmentor will not be liable to the Booking Tutor for any loss of earnings resulting from any failed payment. Bitmentor reserves the right to pay a Booking Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Bitmentor.
Student Duties
33. A student who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Tutor. Bitmentor is not responsible for any disputes regarding parental consent or any problems that a student or a patent/guardian has experienced with a Tutor.
34. A student, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract. Bitmentor does not offer any guarantee that any information provided on the Bitmentor Website is accurate and correct.
35. A student, or where relevant their parent/guardian, accepts that his Contract for tuition services is with the Tutor. Bitmentor is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Tutor and student.
36. A student must contact a Tutor through the Bitmentor Website. Any other means of communication is prohibited.
37. A student agrees not to use Bitmentor to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Bitmentor should contact us.
38. A student cannot act as an agent to promote the services or opportunities of a company.
39. A student must not publish any abusive comments about a Tutor or a student on the Bitmentor Website or any other place. This includes defamatory or derogatory comments.
40. Bitmentor is not responsible for examination entry; this is the sole responsibility of the student.
41. A student must not request a tutor to complete coursework, essays, or other assignments for them.
42. To confirm the first lesson with a Booking Tutor, a student must enter, or have already entered, valid payment details on Bitmentor Website.
43. When a Booking is made with a new Booking Tutor, a student has up to the scheduled lesson date to confirm the Booking.
44. A student agrees not to make any agreement or arrangement with a Booking Tutor which is intended to circumvent the relationship between Bitmentor and a Booking Tutor. Also, the student agrees that during the period of any tutorial engagement and for the period of 6 months' from the conclusion of the tutorial engagement the student will not book lessons directly with the Booking Tutor.
45. When a Booking is confirmed, a student enters directly into a contract with the Booking Tutor for the provision of lessons and Bitmentor accepts no liability in relation to the Booking Tutor's provision of lessons.
46. A student must ensure that he has given enough information to the Booking Tutor, to allow the lesson to take place. If a lesson is to take place at the student's home, the student must ensure a suitable setting for the lesson.
47. A student must use his own judgement about the services of Booking Tutors detailed on the Website. students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Booking Tutor with whom they confirm a Booking.
48. A student is responsible for checking that Bookings made by a Booking Tutor or Bitmentor on their behalf are done so correctly and understand they will be informed of these lessons by Bitmentor via email.
49. If a lesson does not take place because a student does not attend, or if the student cancels the lesson with less than two hours notice, the student may be charged the full Lesson Fee.
50. A student may cancel a lesson at any point before the scheduled start time of the lesson.
51. A student must cancel a lesson by cancelling the relevant Lesson on the Bitmentor Website. Cancellations made outside Bitmentor Website may result in a full Lesson Fee being charged to the student.
52. A student should inform Bitmentor of a Complaint by opening a support ticket within 48 hours of the scheduled finish time of the relevant lesson. The student will be charged the entire Lesson Lee and Bitmentor will hold the payment until the dispute is resolved.
Member Duties
53. Members must not use the Bitmentor Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.
53. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
54. Members must not post material to the Bitmentor Website in which the copyright or intellectual property is or may be the property of another person or body.
Liability, Indemnity and other provisions
55. Bitmentor has no control over or responsibility for the truth or accuracy of any material available on the Bitmentor Website, whether provided by Members or others. Third party websites may appear on the Bitmentor Website. Bitmentor does not endorse or have any responsibility for the site in question or anything which appears on it.
56. Bitmentor is not and cannot be responsible for the behavior of Members, whether on the Bitmentor Website or outside of it. Bitmentor only provide a service for a Tutor and student to be introduced. Bitmentor does not pre-screen or monitor the material contributed by Members.
57. Bitmentor is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Bitmentor Website including loss of data or information or any kind of financial or physical loss or damage.
58. Members agree to indemnify Bitmentor against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the Bitmentor Website.
59. Bitmentor does not guarantee that a Tutor will be secured to meet the student's needs.
60. Bitmentor is not responsible for any grade received by a student or any consequence that examination grades entails.
Intellectual Property
61. The code, brand and intellectual property of the Bitmentor Website cannot be reused without Bitmentor's consent. All copyright, trade marks, and other intellectual property rights in and relating to the Bitmentor Website (including the material which is contributed by Members) are owned by Bitmentor. It is prohibited to copy, distribute, show in public or create any derivative work from the Bitmentor Website, or any of the material which is found on the Bitmentor Website without the consent of Bitmentor. Please see our Copyright Notice, which forms part of these Terms and Conditions.
62. By submitting any material to the content to the Bitmentor Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Bitmentor a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Bitmentor to adapt the relevant material and you waive the right to be identified as the author of the material in question.
Miscellaneous provisions
63. Bitmentor reserves the right to withdraw or modify aspects of the Bitmentor Website, or the entirety of it.
64. Bitmentor reserves the right to suspend or terminate a Member's access to the Bitmentor Website, or parts of it. Bitmentor reserves the right to remove, or require the Member to remove, material posted on the Bitmentor Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Bitmentor Website without prior consent from Bitmentor.
65. The open-access nature of the Bitmentor Website means that Bitmentor cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
66. Bitmentor reserves the right to withdraw any material on the Bitmentor Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the Bitmentor Website into disrepute. Bitmentor does not generally monitor material which appears on the Bitmentor Website and Bitmentor is reliant upon Members to notify Bitmentor of anything Member's see here which appears likely to breach these Terms and Conditions.
67. Bitmentor may, at their sole discretion, vary the features of the Bitmentor Website and the Terms of use at anytime.
68. Bitmentor may restrict access to the Bitmentor Website for any period and if necessary permanently at the sole discretion of Bitmentor. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.
69. Bitmentor may monitor postings to the Bitmentor Website and communications through the Bitmentor Website and have the right to delete and/or block such postings or communications at their sole discretion.
70. The distance data supplied on the Bitmentor website is calculated using the latitude and longitude of the postcode. On occasions we only use part of the Postcode, so Bitmentor can not guarantee that the data supplied on distances between postcodes is accurate.
71. Bitmentor may contact its members by the details we have stored on their account, this could include by email and phone.
72. Bitmentor may use data for statistical analysis and may provide this to interested third parties.
73. Privacy Policy (which can be found on the Bitmentor home page). Bitmentor's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Bitmentor Website (including any which contain personal information) is, of course, accessible to internet users around the world.
74. Entire Terms and Conditions. These Terms and Conditions include Bitmentor's Privacy Policy and copyright notice. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
75. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
76. English Law and the jurisdiction of English Courts applies to these terms.