Please note that these Terms apply regardless of the means of delivery of the Site to you. By using the Site and/or by purchasing tutoring services from us, you indicate that you have read and accept these Terms and agree to abide by and be bound by these Terms (as modified from time to time).
If you do not accept these Terms, please refrain from using the Site. Please note that we may change these Terms from time to time without notice so you should review them each time that you visit the Site.
We draw your attention to the limitations on liability contained in clause 18 below.
If you are under the age of 18 and wish to participate in the Site and/or wish to receive tutoring services from us, you must first secure the express permission of your parent and/or guardian and that parent and/or guardian must supervise and actively permit your participation in the Site, and your participation in any tutoring sessions. Your parent and/or guardian shall be treated as the primary user and shall be subject to and be bound by these Terms. (http://www.mathsdoctor.co.uk/cookies-policy)
1 About us
This Site is operated by **Maths Doctor, a trading name of Maths Doctor Tuition Limited, a company registered in England under company number 09592720 with a registered office at Brunel Road, Houndmills, Basingstoke, RG21 6XS, United Kingdom (“we”, “us”, “our”).
2 Contacting us
For general comments or questions on the Site or on our tutoring services, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us at email@example.com. If you suspect misuse of the Site or if you consider your intellectual property has been unlawfully featured on the Site please contact: Company Secretary, Maths Doctor Tuition Limited, 17 Old Court Place, London, W8 4PL.
Part 2 – Terms that apply whenever you purchase tutoring services from us
Please read this Part 2 carefully before purchasing tutoring services from us. The terms set out in this Part 2 (together with Part 1 above and Part 3 below) constitute your contract with us whenever you purchase our tutoring services.
3. Purchasing tutoring services and arranging tutorials
To purchase tutoring services from us, please submit your details via our website http://www.mathsdoctor.co.uk or register a subscription through http://my.mathsdoctor.co.uk/login. Where necessary, and at our discretion, we will contact you to arrange a demonstration or taster lesson with a suitably qualified tutor. Once you have followed the registration procedure on this Site, you may then book any subsequent appointments directly with the tutor through the calendar system using the Site’s members’ area. It is also possible to reschedule and cancel appointments through this system (short-notice booking changes may incur fees – please see below). We reserve our right to decline providing you with our services due to unforeseen circumstances, such as consistent technical issues or disruptive behaviour that prevent us from offering you an optimal customer experience of our services. This does not affect your statutory rights.
This agreement applies to individual consumers and their immediate households only. Maths Doctor may provide our tutoring services to institutions or organisations under separately agreed terms.
4. Pricing and payment
The charges – you have agreed to pay each month for our tutoring services are inclusive of any applicable VAT unless otherwise specified.
Our lessons are priced at a base rate of £50 per hour inclusive of VAT (the “Base Lesson Rate”). Where tutorials are provided to you at a price different from the Base Lesson Rate, this is a specially discounted rate tied to a subscription or a bundle you purchased from our site, which only applies where you remain a customer with us over the associated minimum subscription period on your initial sign-up with Maths Doctor.
Payment may only be made by credit card or debit card. We are unable to accept cash, bank transfers or cheques. You will be required to set up an account either by phone or through the site using either a debit or credit card. Where your payment cannot be processed by our payment processing provider, we reserve the right to limit our services to you until the payment is settled.
If you choose to proceed on a ‘Pay-as-you-go’ or ‘Pre-pay’ basis, payment will be charged to your card at the time that you place your order. If you choose to join the ‘Monthly Subscription’ plan, the first monthly payment will be charged to your card on the day of purchase, and subsequent monthly payments will be taken on the monthly anniversary of the day of purchase.
If you are on a monthly subscription and wish to purchase additional lessons in excess of your monthly quota, payment for any extra lessons will be charged at the Base Lesson Rate.
If you subscribe to a monthly subscription plan any unused hours remaining on your balance will automatically expire at midnight GMT on the last day of the monthly period to which your monthly subscription relates.
If you purchase a ‘Pay-as-you-go’ or ‘Pre-pay’ bundle, your lesson entitlement will expire once you have used up your full allowance for the current period or at the end of the applicable period from the date of purchase unless otherwise specified. Where unspecified, lessons credits expire 12 months from the date of purchase.
Unless otherwise stated, any tutor appointment is valid for a single user as specified on the account in your household only.
Your bank card details will be protected at all times in accordance with good industry practice. Payments are processed directly through a secure system via our card services provider.
We may, at our discretion, from time to time offer monthly subscribers the facility to pause their subscriptions for a finite period, usually one calendar month. During any agreed pause period, we reserve the right to limit or suspend the subscriber’s access to our services.
Maths Doctor reserves the right to vary our pricing for future customers to our services. If you wish to take advantage of those prices you may have to sign up again.
We reserve our right to offer additional services or content at any time for free or at a charge to a segment of our customer base where we deem it to be commercially appropriate, without notifying all our customers.
We will allow you to pause your subscription plan at our discretion. If you have agreed to a minimum term commitment to our tutorial services, the period for which your subscription plan is paused will not contribute towards your minimum term with us.
5. Your right to cancel
NB: In addition to any other cancellation rights that we may give you, you may cancel tutorial services that you have ordered from us within 14 days of placing your initial order. If you cancel within this period and have not received any tutorial services from us prior to cancellation, you will receive a full refund. If you cancel within this period but have received some tutorial services from us prior to cancellation, we will still refund you but we will deduct from your refund the value of the tutorial services that you received from us prior to cancellation, calculated using the Base Lesson Rate up to and including the full amount of payment received from you. Any subsequent cancellations after this initial 14 day period require you to give us at least one month’s notice (other than for pre-pay bundles, which are not capable of being cancelled or refunded after the initial 14 day period). Your statutory rights are not affected. Once you have stayed with us over the minimum subscription period, a notice period of one month will apply. We may at our discretion waive the notice period requirement. Should you wish to cancel your subscription prior to the end of the minimum subscription period, an early cancellation fee will be charged to your card. This is equal to one month’s subscription payment. Where we have provided you with a graphics tablet in relation to a monthly subscription plan and you decide to cancel your plan, you must return the graphics tablet to us in new sealed condition within 14 days (otherwise a £40 charge will be payable and will be charged to your card). We reserve the right to waive this requirement at our discretion. NB: all cancellation requests must be made in writing via email to firstname.lastname@example.org .
6. Re-booking tutorials
You can pre-book any number of tutoring sessions in advance. Any such appointment may be cancelled without charge provided that the booking change is made by 10pm before the day that the tutoring session is due to commence. Booking changes of a tutorial session made on the day of the appointment or failure to attend a tutorial session that you have booked with a tutor will result in the full price of the tutorial being charged.
7. Technical issues
If a tutoring session fails completely due to technical failure you will not be charged for that session. If part of the session fails due to technical failure you will only be charged for the part of the session that was delivered successfully. If technical failure prevents a number of lessons occurring, and the technical failure is due to your equipment or connection, we may require you to test your system in advance of each lesson. If problems are identified before a lesson then our help desk will assist you to attempt correct your systems at no charge. However, if extensive assistance is required as a consequence of a technical failure due to your equipment or connection, such as installing a second computer or a full repeat installation of your original computer, we reserve the right to charge you for our time (we will advise you in advance if this is the case).
8. How to make a complaint
If you are unhappy with any tutoring session you must report your concerns to us within 24 hours of the end of the tutoring session at email@example.com. We shall then investigate your concerns and, if appropriate, arrange to credit back the balance of your lesson allowance. Our decision in this regard is final and binding.
9. Recording of tutoring sessions
Please note that we record all tutoring sessions. We use these recordings for child protection purposes, quality monitoring purposes, and to resolve any other issues between us and our customers in the event of a complaint. You hereby consent to us using said recordings for these purposes. Copyright in the recordings is owned exclusively by us; however, we will not pass copies of the recording to any third party (other than law enforcement or child protection authorities) without first obtaining your express written consent. You may access previous recordings of your tutoring sessions via our Site, provided that you only use them for your own private non-commercial purposes and do not under any circumstances circulate them to any third party without our prior written consent. Your recordings are only available for the duration that you remain a subscriber to our services. We reserve the right, at our sole discretion, to delete recordings from time to time for any lawful reason.
10. Availability of tutors
We do not guarantee the availability of any particular tutor and we accept no responsibility or liability for the withdrawal, removal or unavailability of the same. Individual tutor availability is allocated on a strictly first-come first-served basis. Individual tutors, at time to time, may become unavailable for a period (e.g. holiday, sickness etc.) If required and requested, Maths Doctor will find another tutor to fulfil the tuition. Alternative tutors can be requested at any time.
Part 3 – General terms
General terms (applicable whether or not you purchase tutoring services from us) Please note that in the event of any inconsistency between Part 2 above and this Part 3, the Terms of Part 2 shall prevail.
11. Using the Site
Using the Site Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason the Site is unavailable at any time or for any period.
The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.
You may view (and, where applicable, listen to) the content and applications available on the Site for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of our Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trade mark notices are not removed. Unless otherwise stated in these Terms, you must not (whether directly or indirectly):
(a) Distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, feeds or data from the Site, whether publically available or not; or
(b) Copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
(c) You may only play video or audio files using the media player on the Site or on the website of one of our licensees who is displaying such material with our authorisation. Users should be aware that content and resources may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the Site.
Users, whether or not registered, must not abuse our ‘Report this Comment’ facility (or such other similar feature) (such as, without limitation, by making malicious reports).
You may establish a link to the Site, provided that:
(a) The link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
(b) The link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
(c) Framing of our Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion). On certain parts of the Site you may be able to include links to third party websites. Subject to these Terms you may only include links on the Site to third party websites or webpages if:
(a) The content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 6.7;
(c) Links are clearly and visibly marked as such;
(d) The content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and
(e) The link will not result in any automatic download.
Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
Where you are required to register to use the Site or part of the Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.
Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential.
You must provide a valid email address when you register for the Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.
You are responsible for everything done using your registration details. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.
We may suspend, terminate or prevent your access to the Site or your registration at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.
For the avoidance of doubt, where we suspend, terminate or otherwise prevent your access to the Site, we may continue to publish or use your Content (as defined in clause 14 below) in accordance with the provisions of these Terms.
14. Your Content
The Site may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (“Content”). You retain ownership of any intellectual property rights that you hold in the Content. You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
It is our sole discretion whether or not we choose to publish or otherwise make available Content on the Site. For the avoidance of any doubt, you acknowledge and agree that we may:
(a) Continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
(b) Remove your Content at our sole discretion (even if you have not breached these Terms);
(c) Use all or part of your Content in promoting our products and services;
(d) Reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;
(e) Publish and/or distribute widgets and other applications similar to yours and bearing our or another user’s branding or logo without any liability or responsibility to you;
(f) Modify your Content in any way at our sole discretion.
Not withstanding the above, you acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
By uploading or submitting Content to the Site, you warrant and represent that you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.
You warrant and represent that your Content will not be inappropriate. Without limitation, Content will be considered inappropriate if:
(a) It is defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;
(b) It is in breach of confidentiality or another person’s privacy,
(c) It prejudices any active legal proceedings of which you are aware;
(d) It contains accusations of impropriety or personal criticism of our staff;
(e) It infringes any intellectual property rights proprietary to us or any other third party;
(f) It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
(g) It advertises or promotes any product or service or makes any requests for donations or financial support;
(h) It is spam or junk content;
(i) It impersonates another person or otherwise misrepresents your identity, affiliation or status;
(j) It would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or
(k) is in breach of these Terms
You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
You must not attempt to gain unauthorised access to our Site, the server on which our Site is hosted or any server, computer or database connected to our Site or to attack our Site via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use our Site shall immediately and automatically cease.
Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been removed.
You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 6.
You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.
15. Third party content
We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.
16. Intellectual property rights
For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in our Site. All such rights are reserved.
We acknowledge and agree that you retain ownership in any copyright you may have in the Content you submit or upload to the Site.
17. Your personal information
18. Our liability
PLEASE READ THIS CLAUSE CAREFULLY. The following provisions of this clause 18 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms, any tutoring services that your receive from us, or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by law. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
(a) Loss of or corruption to data; or
(b) Loss of profit; or
(c) Loss of anticipated savings; or
(d) Loss of anticipated revenue; or
(e) Loss of business; or
(f) Loss of opportunity; or
(g) Adverse effect on reputation and/or goodwill; or
(h) Any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or £250, whichever is greater.
Without prejudice to the generality of the exclusions of liability contained in this clause 10, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site).
We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Site.
Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects.
19. Maintenance of the Site
You acknowledge and agree that from time to time we may need to:
(a) Fix defects and errors in the Site;
(b) Install updates and undertake general diagnosis and maintenance of the Site; and
(c) Undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to you from time to time.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
22. Jurisdiction and applicable law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence.
Discounts offered are at the discretion of Maths Doctor, and are only applicable in the first month of a subscription.
One discount is valid per subscription, regardless of how many learners use the lessons within the subscription.
In the unlikely event of an administrative error resulting in an incorrect price being displayed on the Website, we reserve the right to correct the price.
We reserve the right to withdraw the special offer or change any of the terms (including the availability and end date) of the special offer at any time without notice to you.
If a customer wishes to cancel their subscription with Maths Doctor, they must give us a minimum of one month’s notice. This month period is defined from the date that the customer’s payment was made to Maths Doctor, not by calendar month.
Subscription holders have the right to ‘pause’ their package for one month. This allows the customer to pause both their payment and correlating lesson hours for one month. To take advantage of this, the customer must notify Maths Doctor before the first payment date of the month in question.
Unused lessons cannot be carried forward to the next subscription month. Maths Doctor may allow the carry over of a small number of lessons, at its discretion. The customer is still obliged to pay the following full month’s subscription.
Prepay bundles such as the exam booster pack are purchased via a one off payment and are non refundable.
The exam booster package is valid from March – September 2014.
The summer study package is valid from June – September 2014.
If a tutoring session fails completely due to technical failure you will not be charged for that lesson. If part of the lesson fails due to technical failure you will only be charged for the part of the lesson that was delivered successfully. If technical failure prevents a number of lessons occurring, and the technical failure is due to your equipment or connection, we may require you to test your system in advance of each lesson. If problems are identified before a lesson then the help desk will assist you to correct your systems at no charge. If extensive assistance is required, such as installing a second computer, or a full repeat installation of your original computer, this may be charged for.
A customer may purchase a one off extra lesson for a one-off payment of £50. Alternatively they can upgrade to the next subscription package, which they must continue for a minimum of one month.
We advise primary school pupils to use 30-minute lessons, however we can provide one-hour lessons at the parent’s request.
For all other learners, lesson and tutor time is measured in 30-minute increments.
Unless the customer has purchased the Premium package, the subscription is valid for one learner only. The registered learner must remain the same.
A customer can pre-book any number of tutoring sessions in advance without charge. Any such appointment may be cancelled without charge provided that the cancellation is made before the day that the tutoring session is due to commence. Cancellations made on the day of the appointment or failure to attend a tutorial session that you have booked with a Tutor will be charged in full. All sales are final.
Your statutory rights are unaffected by the terms set out above. Should you have any queries about our pricing policies, please contact us by following the instructions found on the ‘Contact’ page on the Site.
25. Refer a friend
Any existing Maths Doctor subscriber (referrer) who refers a friend (referee) to Maths Doctor will receive either 20% off their next month’s monthly subscription or a fixed voucher payment if the referee signs up to a subscription package. The referee will also receive 20% off their first month’s subscription package.
Only one discount is valid per subscription, regardless of how many learners use the lessons within the subscription.
The refer a friend scheme is unlimited in that a referrer can refer as many friends as they like but will receive a maximum of 20% off or one equivalent voucher per month. For example if someone refers two people in one month, they will receive a 20% discount for two consecutive months.
A referrer will only receive their 20% discount after the referee has signed up to Maths Doctor.
If someone is referred to Maths Doctor by more than one existing customer, the referee will only receive the 20% discount once.
The refer a friend scheme only applies when the person being referred is not already or has not previously been a Maths Doctor customer.
If the referrer has more than one child and multiple subscription packages, they will only receive the 20% discount on one subscription if they refer one friend.
This offer only works in conjunction with Maths Doctor monthly subscription packages and not with any exam booster/special packages.
Maths Doctor reserves the right to withdraw this offer or change any of the terms at any time and without prior notice to you.
In the unlikely event that an administrative error should occur resulting in an incorrect price being displayed for the payment options, Maths Doctor reserves the right to correct the price.