Terms of Service and User Agreement

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1.General Provisions

1.1 Agreement Overview

These Terms of Service ("Terms") regulate the use of the platform (the "Platform") provided by Tugo Tutors through tugotutors.com and our third-party booking system secure.tutorcruncher.com. The Platform serves as a marketplace connecting individuals seeking tuition ("Students") with providers of educational services ("Tutors"), facilitating the booking and payment of Lessons. Unless explicitly stated otherwise, these Terms apply to all Users. Provisions marked with a (T) apply exclusively to Tutors. These Terms supersede all prior agreements or iterations.

1.2 Company Information

The Platform is owned and managed by Trailblaze Education Ltd (trading as Tugo Tutors), a limited liability company incorporated in England and Wales (Company No. 15855007). Our registered office is located at 41 Streathbourne Road, London, SW17 8QZ, United Kingdom. Contact information is available on our website: https://www.tugotutors.com.

1.3 Registration

Users may browse the Platform without registering; however, creating an account as a Student or Tutor is required to access full functionality. Registration allows for the retention of user preferences and data for future convenience.

1.4 Acceptance of Terms

By creating an account or utilising the Platform, you agree to be legally bound by these Terms. We advise all Users to read this document thoroughly. Please retain a personal copy for your records, as Tugo Tutors does not maintain individual file copies for Users and cannot guarantee perpetual online access to this text. If you do not accept these Terms, you must cease using the Platform immediately.

1.5 Corporate Authority (T)

Individuals accepting these Terms on behalf of a company or organisation warrant that they possess the necessary authority to bind that entity to this agreement.

1.6 Definitions

Capitalised terms used herein are defined in the Glossary (Clause 15).

2.Platform Commitments

Tugo Tutors undertakes to provide the following services:

2.1 Marketplace Facilitation

To provide a venue where Tutors can market their expertise and Students can secure and pay for Lessons.

2.2 Platform Access

To provide access to the Platform (including booking systems and the Online Classroom) via a third-party service provider. We exercise reasonable care in selecting reputable providers; however, access is subject to the availability and performance of these third-party systems. We do not own or control the underlying technology and cannot guarantee that the Platform will be error-free or uninterrupted.

2.3 Service Updates & Maintenance

We will endeavor to notify Users of any significant scheduled downtime or maintenance windows communicated to us by our third-party provider, where reasonably possible.

2.4 Security

To make reasonable efforts to keep the Platform free of malicious software (viruses/worms).

2.5 Vetting

To exercise reasonable diligence in verifying Tutor identities and the background checks of Tutors holding "Background Checked Status."

2.6 Profile Activation

To determine when a Tutor's profile meets the standards required to go live.

2.7 Notifications

To alert Users of Booking statuses (confirmations, cancellations) via the Platform and email, subject to the User's notification preferences.

2.8 Payment Processing

To endeavour to process Lesson Fees and Tutor payouts promptly, typically within 9 days of a Lesson, provided no dispute or payment failure occurs.

2.9 Dispute Resolution

To facilitate the prompt handling of complaints in line with these Terms.

2.10 Refunds

To process valid refunds to Students promptly.

2.11 Payment Recovery

To handle failed payments in accordance with standard procedures.

2.12 Data Protection

To implement appropriate safeguards for User data.

2.13 Content Monitoring

To oversee Platform activity to facilitate connections and prevent abuse.

3.General User Obligations

3.1 Personal Security

Users are accountable for their own safety and security regarding interactions facilitated by the Platform.

3.2 Content Standards

Users bear sole responsibility for content they publish. Posting illegal, offensive, or defamatory material is strictly prohibited.

3.3 Reporting Duty

Users must immediately notify Tugo Tutors if they encounter prohibited content.

3.4 Information Accuracy

Users must exercise their own discretion regarding Platform content. Tugo Tutors does not warrant that all information is perfectly accurate or current.

3.5 Account Security

Users must protect their login credentials. If a password compromise is suspected, Tugo Tutors must be notified immediately. Users remain liable for all activity on their account until such notification is made.

3.6 Non-Circumvention

Users must not use the Platform to establish contact for the purpose of moving business off the Platform. Promoting third-party services is prohibited.

3.7 Technical Requirements

All Users are responsible for ensuring they have the necessary hardware and a stable internet connection to participate in Online Lessons.

3.8 Privacy

Users agree to adhere to the Privacy Policy.

View Privacy Policy

3.9 Safeguarding

Users agree to adhere to the Safeguarding Policy.

View Safeguarding Policy

3.10 Compliance

Failure to comply with these Terms may result in immediate suspension and cancellation of pending Bookings.

4.Student Provisions

4.1 Liability

Tugo Tutors acts as an intermediary; we are not liable for the actions of Students or Tutors.

4.2 Age Requirements

Students booking for themselves must be 18+. Students under 18 must be represented by a parent or guardian who consents to the tuition. Tugo Tutors is not liable for any dispute between students under 18 and a parent or guardian.

4.3 Supervision

Parents or guardians should not leave a child under the age of 18 unsupervised with a Tutor. A responsible adult should be present or within earshot during Lessons.

4.4 Contact Details

Students must maintain accurate contact information. Email is the primary method of communication.

4.5 Payment Method

Valid payment details are required within 48 hours of an Initial Lesson.

4.6 Recurring Authority

Confirming the first Lesson authorises the Tutor to create future Bookings and authorises Tugo Tutors to collect payment (Service Fee + Tutor Fee) automatically.

4.7 Contractual Relationship

A confirmed Booking creates a direct contract between the Student and Tutor. Tugo Tutors is not a party to the educational delivery.

4.8 Solvency

Students must ensure their registered payment method has sufficient funds.

4.9 Non-Circumvention

Students agree not to disintermediate (bypass), or attempt to disintermediate, Tugo Tutors. Any Tutor found via the Platform must be booked via the Platform for a period of twelve (12) months from the most recent Booking (the "Student Restriction Period"). For the avoidance of doubt, Students must not take any action - or attempt to take any action - intended to move the tuition relationship off the Platform or pay Tutors directly.

4.10 Due Diligence

While Tugo Tutors performs checks, Students are responsible for verifying a Tutor's qualifications, references, and insurance.

4.11 Booking Oversight

Students must monitor Bookings made on their behalf by Tutors via email or dashboard alerts.

4.12 Technical Readiness

Students must ensure they have the necessary hardware/software for Online Lessons. Refunds are not issued for Student technical failures.

4.13 Suspension

Violations of these Terms may lead to a permanent ban and cancellation of Bookings.

4.14 Cancellation Rights

Cancellations made with more than 6 hours' notice are free of charge.

4.15 Statutory Rights

These Terms do not diminish consumer statutory rights.

4.16 No Obligation

Registration does not compel a Student to make a purchase.

4.17 Termination

Students may stop using the service at any time, subject to settling outstanding debts.

5.Tutor Status and Obligations (T)

5.1 Status

Tutors are independent contractors, not employees of Tugo Tutors.

5.2 Age

Tutors must be at least 18 years old.

5.3 Right to Work

Tutors must possess the legal right to work self-employed in the UK.

5.5 Profile Integrity

Tutors must ensure their profile is accurate and not misleading.

5.6 Criminal Disclosures

Tutors must disclose all criminal convictions or cautions to Tugo Tutors immediately, regardless of when they occur during their registration.

5.7 Background Checks

Tutors must maintain "Background Checked Status" (Enhanced DBS) to operate on the Platform. Evidence must be provided upon request.

5.8 Compliance

Breach of these Terms allows Tugo Tutors to bar the Tutor and cancel Bookings.

5.9 Safety & Insurance

Tutors must vet Students themselves and maintain their own professional insurance.

5.10 Ranking

Search ranking is determined by Tugo Tutors based on performance metrics (ratings, responsiveness, volume of lessons). Tugo Tutors reserves the right to change the way Tutors are ranked at any time.

5.11 Responsiveness

Tutors must respond to queries and bookings promptly.

5.12 Non-Solicitation

Tutors must not solicit Students, disintermediate Tugo Tutors, or attempt to solicit or disintermediate Tugo Tutors. Any Student introduced via the Platform must be booked via the Platform for twelve (12) months following the last Booking ("Tutor Restriction Period"). For the avoidance of doubt, Tutors must not propose, accept, or attempt to arrange payment or tuition services outside of the Platform structure.

5.13 Accurate Booking

Tutors must only book Lessons agreed upon by the Student. Tutors are liable to refund fees for unauthorised bookings.

5.14 Attendance

Tutors must wait at least 15 minutes for a Student to arrive. Failure to do so requires the lesson be marked as cancelled, without charge to the Student.

5.15 Academic Integrity

Tutors must not complete coursework or assignments on behalf of Students.

5.16 Indemnity

Tutors agree to indemnify Tugo Tutors against claims arising from their use of the Platform.

5.17 Technical Setup

Tutors must have the correct equipment for Online Lessons. Technical failure on the Tutor's end requires the lesson be marked as cancelled, without charge to the Student.

5.18 Punctuality

Tutors must be ready at the agreed time. Late arrival requires the Tutor to prove the Student agreed to a time shift; otherwise, the lesson must be cancelled without charge to the Student.

5.19 Data Protection

Tutors agree to implement appropriate precautions to protect Student's data.

5.20 Safeguarding Regulatory Compliance

All Tutors agree to adhere to Tugo Tutors' Safeguarding Policy, alongside all applicable UK legislation and government safeguarding guidance.

View Safeguarding Policy

6.Financial Terms

6.1 Fee Transparency

The total "Lesson Fee" is displayed on the dashboard. This includes the Tutor Fee and the Service Fee.

6.2 Fee Structure

The Lesson Fee comprises the Tutor's rate plus Tugo Tutors' Service Fee. Fees are inclusive of VAT where applicable. Payments are processed by Stripe.

6.3 Service Fee

The Student pays this fee for the use of the Platform. It is calculated as a percentage commission of the Lesson Fee.

6.4 Payment Timing

Students agree to pay the Lesson Fee within 48 hours once the tutor confirms an Initial Lesson has been completed.

6.5 Disputes

Complaints or refund requests do not automatically halt payment processing; adjustments are made retroactively if needed.

6.6 Online Lesson Duration

Full fees apply if the Tutor is present in the Online Lesson for at least 15 minutes.

6.7 Non-Attendance

If a Student fails to attend, the full Lesson Fee is chargeable.

6.8 Payment Processor

Payment services are provided by Stripe. Tutors agree to the Stripe Connected Account Agreement and authorise Tugo Tutors to share transaction data with Stripe.

6.9 Escrow

Earnings may be withheld if Stripe verification is incomplete.

7.Cancellation Policy

7.1 Rights

Students may cancel any Booking prior to the start time.

7.2 Method

Cancellations must be executed via the Platform. Cancellations via informal channels (e.g. emails/ texts/ phone calls to Tugo Tutors) may result in charges.

7.3 >6 Hours Notice

No charge applies.

7.4 <6 Hours Notice

The Tutor may choose to charge the full Lesson Fee for the lesson.

7.5 Tutor Cancellation

Tutors may cancel via the Platform. If the Tutor cancels, the Student is not charged.

7.6 Student Non-Attendance

Bookings cannot be cancelled by the Student after the scheduled start time. If a Student fails to join the Online Lesson within 15 minutes of the start time, the Booking will be charged at the full Lesson Fee, provided the Tutor remained present in the Online Classroom during this waiting period. Tutors retain the sole discretion to waive this fee in extenuating circumstances.

8.Disputes and Refunds

8.1 Definition

A "Complaint" includes Missed Lessons or dissatisfaction with quality.

8.2 Reporting Window

Students must report Complaints to complaints@tugotutors.com within 48 hours of the Lesson end time.

8.3 Notification

We will notify the Tutor of the complaint within 72 hours of receipt.

8.4 Tutor Response (Within Window)

If a Complaint is logged within 48 hours, the Tutor has 48 hours from their notification to dispute it. If they do not dispute it, the Lesson Fee will be cancelled.

8.5 Tutor Response (Outside Window)

If a Complaint is logged after 48 hours, the Tutor must actively opt-in to cancel the Lesson Fee within 48 hours from their notification, otherwise, the claim is rejected.

8.6 Escalation

If the Student and Tutor cannot agree, the Student may pursue the Tutor directly. Tugo Tutors is not liable for service quality.

8.7 Goodwill

Tugo Tutors may, at its sole discretion, offer a goodwill payment up to the value of the Lesson Fee.

9.Satisfaction Promise (100% Satisfaction Guarantee)

9.1 The Offer

As a gesture of goodwill, Tugo Tutors may refund the cost of an Initial Lesson if the Student is dissatisfied.

9.2 Requirements

To qualify, the Student must: (a) Report dissatisfaction within 48 hours of the Initial Lesson; (b) Book and complete a "Replacement Lesson" with a different Tutor; AND (c) Contact Tugo Tutors within 48 hours of the Replacement Lesson.

9.3 Discretion

We reserve the right to assess the validity of the dissatisfaction claim.

9.4 Payment

Both the Initial Lesson and Replacement lesson must be paid for before the refund is issued.

9.5 Time Limit

The Replacement Lesson must occur within 12 months.

9.6 Limitation

One claim per Student per subject.

10.Payment Failures & Debt Recovery

10.1 Payment Requirements

Users are required to keep a valid payment method on file via Stripe to facilitate automatic collection of fees within 48 hours of invoice receipt.

10.2 Definition

A "Failed Payment" occurs when Stripe cannot collect the Lesson Fee. This also includes the absence of a valid payment method on the Student's account.

10.3 Retries

We are authorised to retry charges automatically. Students may also request retries manually. If a payment fails due to missing card details, we will request that you add a valid payment method immediately.

10.4 Service Suspension

If a Failed Payment or missing payment method persists for 96 hours after invoice receipt, we may cancel future bookings to protect Tutors.

10.5 Debt Collection

We may pursue payment for 90 days via communication channels. Bad debts regarding Service Fees may be referred to third-party collection agencies, which may impact credit ratings.

10.6 Liability

Tugo Tutors is not liable for Tutor earnings lost due to Student non-payment, though we may offer a goodwill payment at our discretion.

11.Limitation of Liability and Disclaimers

11.1 Non-Excludable Liability

Nothing in this agreement restricts or excludes Tugo Tutors' liability for death or personal injury resulting from our negligence, or for any other liability that cannot be lawfully excluded.

11.2 Right to Cure

Before incurring expenses to rectify an issue for which Tugo Tutors may be liable, Users must provide Tugo Tutors with a reasonable opportunity to resolve the matter first.

11.3 General Exclusions

Tugo Tutors (including its staff and agents) is not liable for loss or damage if: There was no breach of a legal duty of care owed to the User; The loss or damage was not a reasonably foreseeable consequence of such a breach; or The loss or damage resulted from the User's own actions or failure to comply with these Terms.

11.4 User Liability

Subject to our duty to mitigate losses, Users are liable for any reasonably foreseeable loss or damage Tugo Tutors incurs due to the User's misuse of the Platform or breach of these Terms.

11.5 Business Liability Cap

The following limitations apply specifically to Users who are not acting as consumers: Implied Terms: All implied warranties, statutes, or terms not expressly written in this document are excluded to the fullest extent permitted by law. Monetary Cap: Tugo Tutors' total liability for any single event or series of connected events (including negligence) regarding the Platform is limited to the greater of £100 or the total Service Fees paid by the User in the 12 months preceding the claim. Excluded Damages: Under no circumstances is Tugo Tutors liable for: Financial losses (including lost profits, revenue, contracts, or anticipated savings); Damage to reputation or goodwill; Indirect, special, or consequential damages; or Data loss or corruption. Indemnity: You agree to indemnify Tugo Tutors against all claims, liabilities, and costs arising from your breach of these Terms or use of the Platform.

11.6 Entire Agreement

These Terms represent the full agreement between the parties, superseding all prior discussions. Both parties acknowledge they have not relied on any pre-contractual representations (excluding fraudulent misrepresentation).

12.Intellectual Property & Content

12.1 License Grant

By submitting material to the Platform, Users grant Tugo Tutors a perpetual, royalty-free, non-exclusive license to use, copy, modify, distribute, and display said material.

12.2 User Responsibility

You are solely responsible for any data, text, media, or software ("Content") you upload, broadcast, or transmit via the Service.

12.3 Prohibited Content

You agree not to upload or transmit Content that: Infringes on third-party intellectual property rights; You do not have the legal right to share; Contains malware, viruses, or code designed to damage or disrupt systems; Poses security or privacy risks to others; Constitutes unsolicited spam, pyramid schemes, or unauthorised advertising; Is unlawful, abusive, defamatory, pornographic, violent, hateful, or racially/ethnically offensive; or Tugo Tutors deems objectionable or restrictive to other Users' enjoyment of the Service.

12.4 Enforcement

Tugo Tutors reserves the right to investigate violations, remove offending Content, suspend accounts, and report illegal activity to law enforcement.

12.5 Marketing Use

You grant Tugo Tutors permission to use any images you upload for promotional and marketing purposes without compensation or prior notice.

13.Modification of Terms

13.1 Updates

Tugo Tutors may amend these Terms by publishing the revised version on the Website. We will provide at least 14 days' notice before changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the new Terms.

14.Governing Law and Jurisdiction

14.1 Jurisdiction

These Terms, and any disputes (contractual or otherwise) arising from them, are governed by English law. The courts of England shall have exclusive jurisdiction over any such disputes.

14.2 Severability

If any specific provision of these Terms is deemed unenforceable by a court, the remaining provisions shall continue in full force and effect.

15.Glossary of Defined Terms

15.1 Booking

A confirmed reservation for a specific Lesson via the Platform.

15.2 Complaint

A formal claim by a Student regarding a Missed Lesson or service quality falling below reasonable expectations.

15.3 Content

Any data, text, media, profiles, or reviews published or stored on the Platform.

15.4 Background Checked Status

A verification status indicated by a badge on a Tutor's profile. To qualify, a Tutor must submit a valid background check issued within the last 3 years. Acceptable checks include enhanced disclosures from the Disclosure and Barring Service (DBS), Disclosure Scotland, or Access Northern Ireland.

15.5 Failed Payment

A Lesson Fee that remains unpaid because Stripe (on Tugo Tutors' instruction) could not successfully charge the Student's payment method.

15.6 Lesson

A one-to-one tuition session between a Student and Tutor.

15.7 Lesson Fee

The total amount payable by the Student, comprising the Tutor Fee plus the Service Fee.

15.8 Missed Lesson

A scenario where a Student claims a booked Lesson did not take place.

15.9 Online Classroom

The virtual learning environment, 'Tutorcruncher Video', provided for Online Lessons.

15.10 Online Lesson

A Lesson conducted virtually via the platform meeting software.

15.11 Service Fee

The fee Tugo Tutors charges the Student for access to the Platform and services.

15.12 Review

Any rating, comment, or feedback left by a User.

15.13 Stripe Terms

The collective agreements governing payment processing, including the Stripe Connected Account Agreement and Stripe Services Agreement – United Kingdom.

15.14 Student

A registered User seeking tuition. Must be 18+ (or a parent/guardian acting for a minor).

15.15 Student Restriction Period

The period during which a Student must not bypass the Platform (see Clause 4.9). This applies during active bookings and for twelve months following the last Booking with a specific Tutor.

15.16 Tutor

A registered User offering tuition services.

15.17 Tutor Fee

The portion of the Lesson Fee collected by Tugo Tutors on behalf of the Tutor.

15.18 Tutor Restriction Period

The period during which a Tutor must not bypass the Platform (see Clause 5.12). This applies during active bookings and for twelve months following the last Booking with a specific Student.

15.19 Tugo Tutors

Trading name for Trailblaze Education Ltd (Company No. 15855007), Registered Office: 41 Streathbourne Road, London, SW17 8QZ.

15.20 User

Any individual interacting with the Website, regardless of registration status.

15.21 Website

The platform located at tugotutors.com.

15.22 Initial Lesson

The first lesson a Student books through Tugo Tutors for a given subject.

Questions About These Terms?

If you have any questions or concerns about these Terms of Service, please contact us.

Email: complaints@tugotutors.com

Address: 41 Streathbourne Road, London, SW17 8QZ, United Kingdom

Company: Trailblaze Education Ltd (Company No. 15855007)