Terms and Conditions

The provision of the Platform and Services shall be governed by these Terms and Conditions and the Customer must accept these Terms and Conditions before any such services shall be provided. Unless otherwise stated, the definitions listed in the General Policy apply to all policies of these Terms and Conditions, which includes:


General Policy

1.    Definitions

1.1    Except to the extent expressly provided otherwise, in these Terms and Conditions:

"Account" means a personalised account on the Platform which enables a Customer to access and use the Services, including Students, Guardians and Tutors;

"Agency" means Lotus Education Consultants Ltd (7105529), trading as Lotus Tutors Online, which provides tutoring agency services;

"Agreement" means the contract made under these Terms and Conditions between the Providers and the Customer;

"Client" means a Student or Guardian;

"Customer" means the person or entity identified as such on the Platform Account, including Students, Guardians and Tutors;

"Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Providers for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Platform by the Customer (but excluding analytics data relating to the use of the Platform and server log files);

"Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable, the General Data Protection Regulation (Regulation (EU) 2016/679) and any other Data Protection legislation which may be in force from time to time;

"Guardian" means the parent or guardian of a Student who creates and manages the Student's account and is responsible for the Student's activity on the Platform;

"Help Centre" means the help documentation and support messaging system for the Platform, managed by the Supplier and made available to the Customer via their Account;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or not registrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);

"Lesson" means a tutoring session delivered by a Tutor and received by a Student. This may occur online inside the Tutor Room or offline (in person);

"Platform" means the Tutor Office software platform and the Tutor Wallet payment system (and associated Help Centre), which are owned and operated by the Supplier and made available to the Customer in accordance with these Terms and Conditions, for use in providing Services;

"Providers" means the Agency, Lotus Education Consultants Ltd (7105529), and the Supplier, Tutexa Ltd (11603406);

"Services" means the services provided to the Customer by the Providers via the Platform for tutoring and tutoring support;

"Services Registration" means the online registration form published on the Platform and completed and submitted by the Customer incorporating these Terms and Conditions by reference;

"Student" means a registered user seeking or receiving tutoring from a Tutor;

"Supplier" means Tutexa Ltd (11603406) which provides the Tutor Office software platform and Tutor Wallet payment system;

"Support" means support services provided by the Providers to the Customer in relation to the use of the Platform and Services;

"Terms and Conditions" means all the documentation containing the provisions of the Agreement, namely the General Policy, Client Policy, Tutor Policy and Privacy and Cookie Policy and including any amendments to that documentation from time to time;

"Top up" means the addition of credit to a Student’s Tutor Wallet using a debit or credit card;

"Tutor" means a registered individual offering or providing tutoring.

"Tutor Room" means the Platform’s online classroom which includes video, audio and presentation streams; and

"Tutor Wallet" means the Platform’s payment system which is owned and operated by the Supplier, Tutexa Ltd.


2.    Term

2.1    The Agreement shall commence when the Customer completes and submits the online Services Registration.

2.2    Each Services Registration shall create a distinct contract under these Terms and Conditions.

2.3    The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 11.


3.    Platform Use

3.1    The Supplier grants the Customer permission to use the Platform by means of a web browser for the purposes of using the Services.

3.2    The permission granted by the Supplier to the Customer under Clause 3.1 is subject to the following limitations:

(a)    the Platform may only be used by individuals over the age of 18 or individuals under the age of 18 with permission from a legal Guardian;

(b)    Platform Accounts may only be used by those individuals named on the Account and those names must be real and accurate; and

(c)    the Platform may only be used for tutoring and tutoring support services.

3.3    Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the permission granted to the Customer under Clause 3.1 is subject to the prohibitions that the Customer must not:

(a)    sub-license its right to access and use the Platform;

(b)    permit any unauthorised person or entity to access their Account; or

(c)    make any alteration to the Platform, except as permitted in the Help Centre.

3.4    The Customer shall use reasonable endeavours, including reasonable security measures relating to Account access details, to ensure that no unauthorised person may gain access to the Platform using their Account and must notify the Providers immediately if they become aware of any unauthorised use of their Account.

3.5    The Supplier shall use reasonable endeavours to maintain the availability of the Platform to the Customer at the gateway between the public internet and the network of the hosting services provider for the Platform, but does not guarantee 100% availability.

3.6    The Supplier shall use reasonable endeavours to keep the Platform free from defects, errors and bugs.

3.7    The Customer must ensure that their computer system and internet connection meet all the technical specifications necessary to use the Platform and Services, as detailed in the Help Centre.

3.8    The Customer’s conduct on the Platform must:

(a)    be appropriate and consistent with generally accepted standards of etiquette and behaviour in the tutoring and teaching industries;

(b)    be courteous and polite to other users of the Platform;

(c)    not involve contacting an excessive number of other Customers or sending an excessive number of messages;

(d)    not be offensive, insulting, deceptive, hostile, threatening, abusive, harassing, hateful, discriminatory or inflammatory; and

(e)    not cause annoyance, inconvenience or needless anxiety.

3.9    The Customer must not use the Platform:

(a)    in any way that is unlawful, illegal, fraudulent, deceptive or harmful, or in connection with any such activity;

(b)    in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform;

(c)    for any regulated actively;

(d)    to conduct any systematic or automated data collection activity, via or in relation to the Platform;

(e)    to conduct (or request that any other person or entity conduct) any load testing or penetration testing; or

(f)    in any way (or promote the Platform in any way) which is liable to result in the blacklisting of any IP addresses or domains being used by the Platform.

3.10    For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Agreement.

3.11    The Customer must not share any contact details with any other Customers via the Platform, including via the messaging system and Tutor Room. This includes but is not limited to email addresses, telephone numbers, message service identifiers, VoIP identifiers, websites, online whiteboards, online collaboration tools, file sharing services, tutoring agencies, organisations or any other software or devices that allow communication.

3.12    The Platform allows Students or Guardians to:

(a)    contact the Agency or Tutors to arrange Lessons;

(b)    attend online Lessons in a Tutor Room; and

(c)    use Tutor Wallet to pay for Lessons.

3.13    The Platform allows Tutors to:

(a)    create a profile to detail their tutoring services;

(b)    communicate with Students, Guardians or the Agency to arrange Lessons;

(c)    use a Tutor Room to conduct online Lessons with Students; and

(d)    use their Tutor Wallet to receive payments for Lessons.


4.    Customer Data

4.1    The Providers shall process Customer Data in accordance with the Privacy Policy.

4.2    Customer data must not:

(a)    be untrue, false, inaccurate or misleading;

(b)    be libellous or maliciously false;

(c)    be obscene, indecent or inappropriate for children;

(d)    constitute or contain spam, which for these purposes shall include all marketing and unsolicited communications;

(e)    constitute a breach of racial or religious hatred or discrimination legislation;

(f)    constitute negligent advice or contain any negligent statement;

(g)    link to any material or site that could breach the provisions of these Terms and Conditions;

(h)    contain any legal, financial or medical advice;

(i)    contain any advice which could cause death, illness, personal injury, damage to property, or any other loss or damage;

(j)    contain or consist of viruses, worms, spyware, adware or any other software or technologies that will or may have a material negative effect upon the performance of the Platform or a Customer’s computer, or introduce material security risks;

(k)    be illegal or unlawful;

(l)    infringe any person's legal rights or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);

(m)    constitute a breach of any contractual obligation owed to any person or entity;

(n)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(o)    infringe any right of confidence, right of privacy or right under data protection legislation;

(p)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(q)    be in contempt of any court, or in breach of any court order; or

(r)    have ever been the subject of any threatened or actual legal proceedings or other similar complaint.


5.    Support

5.1    The Providers shall provide Support to the Customer and such services shall be subject to this Clause 5.

5.2    The Customer will have access to a Help Centre via their Account which contains support materials for using the Platform and Services and which allows, where applicable, the requesting and receiving of Support from the Supplier.

5.3    The Customer will have access to a messaging system via their Account for the purposes of requesting and where applicable receiving Support from the Agency.

5.4    The Providers shall provide Support with reasonable skill and care and shall respond promptly to requests for Support made by the Customer.


6.    Fees

6.1    The Customer shall pay any applicable Fees to the Providers in accordance with these Terms and Conditions.

6.2    All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes (VAT).

6.3    The Providers may elect to vary any element of the Fees by giving to the Customer not less than 30 days' written notice of the variation.

6.4    If the Customer does not pay any applicable Fees due to the Providers under these Terms and Conditions, the Providers may:

(a)    charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month);

(b)    claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998; and

(c)    suspend the provision of the Platform.


7.    Data protection

7.1    The Providers shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.

7.2    The Customer warrants to the Providers that it has the legal right to disclose all Personal Data that it does in fact disclose under or in connection with the Agreement.

7.3    The Customer shall only supply to the Providers, and the Providers shall only process, in each case under or in relation to the Agreement, the Personal Data specified in the Privacy Policy; and the Providers shall only process the Customer Personal Data for the purposes specified in the Privacy Policy.

7.4    The Providers shall ensure that all persons and organisations with access to the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.5    If any changes or prospective changes to the Data Protection Laws result or will result in any party not complying with the Data Protection Laws in relation to processing of Personal Data carried out under the Agreement, then all parties shall use their best endeavours to promptly agree such variations to the Agreement as may be necessary to remedy such non-compliance.

7.6    The Customer warrants to the Providers that any Personal Data of another user made available to them via their Account, will not be removed or copied from the Platform.


8.    Warranties

8.1    The Customer warrants to the Providers that it has the legal right and authority to enter into the Agreement and to perform its obligations under these Terms and Conditions.

8.2    All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.

8.3    The Customer warrants to the Providers that it has the legal right to use the Platform and Services in their country of residence.


9.    Acknowledgements and warranty limitations

9.1    The Customer acknowledges that:

(a)    complex software is never wholly free from defects, errors, bugs or security vulnerabilities; and subject to the other provisions of these Terms and Conditions, the Supplier gives no warranty or representation that the Platform will be wholly free from defects, errors or bugs or will be entirely secure;

(b)    the Platform is designed to be compatible only with that software and those systems specified as compatible in the Help Centre and the Supplier does not warrant or represent that the Platform will be compatible with any other software or systems;

(c)    the Providers are not responsible for and have no obligation to provide support for technical issues in the Tutor Room involving a Customer based in a country which blocks or restricts VoIP (voice over internet protocol);

(d)    the Providers will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Platform; and, except to the extent expressly provided otherwise in these Terms and Conditions, the Providers do not warrant or represent that the Platform or the use of the Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person;

(e)    the Providers may actively monitor the use of the Platform and its content and that all communications which occur via the Tutor Room may be recorded for safeguarding, and that these recordings may include audio and video streams as well a presentation stream, which may be stored privately on secure servers and in the unlikely event of a dispute or safeguarding issue they may be accessed by the Providers in order to resolve the dispute and protect the parties involved;

(f)    the Supplier does not guarantee the availability of the recording of any Lesson in the Tutor Room, and for any recording which is available does not guarantee the inclusion, integrity or clarity of any audio, video or presentation stream; and

(g)    the Supplier is not a tutoring agency, does not act as an agent for any user and does not provide any tutoring; the Supplier provides software and payment services for use by the Agency, Students, Guardians and Tutors and all tutoring agency services are provided by the Agency.


10.    Limitations and exclusions of liability

10.1    Nothing in these Terms and Conditions will limit or exclude any liability:

(a)    for death or personal injury resulting from negligence;

(b)    for fraud or fraudulent misrepresentation; and

(c)    or statutory rights in any way that is not permitted under applicable law.

10.2    The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions are subject to Clause 10.1; and govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

10.3    The Providers will not be liable to the Customer in respect of any:

(a)    losses arising out of a Force Majeure Event;

(b)    loss of profits or anticipated savings;

(c)    loss of revenue or income;

(d)    loss of business, contracts or opportunities;

(e)    loss or corruption of any data, database or software;

(f)    special, indirect or consequential loss or damage; or

(g)    examination grades, assignment results or achievement of any other accreditation or goal.


11.    Termination

11.1    The Providers or Customer may terminate the Agreement by giving to the other party at least 30 days' written notice of termination.

11.2    The Providers or Customer may terminate the Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

11.3    The Providers may terminate the Agreement without notice if the Customer has not logged into their Account for a period of more than 2 years.

11.4     The Providers may terminate the Agreement immediately if:

(a)    the Customer dies;

(b)    as a result of illness or incapacity, the Customer becomes incapable of managing his or her own affairs; or

(c)    the Customer is the subject of a bankruptcy petition or order.


12.    Effects of termination

12.1    Upon the termination of the Agreement, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.10, 7.1, 10, 12, 14 and 15.

12.2    Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Agreement shall not affect the accrued rights of any party.

12.3    Within 30 days following the termination of the Agreement for any reason: the Customer must pay to the Providers any Fees which were owed before the termination of the Agreement; and the Providers must pay to the Customer any Earnings which were owed before the termination of the Agreement, without prejudice to the parties' other legal rights.


13.    Notices

13.1    Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods: 

(a)    sent using the Platform messaging systems, in which case the notice shall be deemed to be received upon being sent; or

(b)    sent by email to the email address specified on the Customers Account or to the email address specified in the Providers' Help Centre, in which case the notice shall be deemed to be received upon receipt of the email by the recipient's email server, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.


14.    General

14.1    Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Providers to the Customer, or from the Customer to the Providers.

14.2    If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.

14.3    No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.

14.4    If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

14.5    The Providers may make changes to the Agreement from time to time but must take reasonable steps to bring any material changes to the attention of the Customer. If the Customer does not agree to any changes made they have the right to terminate the Agreement.

14.6    The Customer hereby agrees that the Providers may assign their contractual rights and obligations under the Agreement to any successor to all or a substantial part of the businesses of the Providers from time to time providing that such action does not serve to reduce the guarantees benefiting the Customer under the Agreement. The Customer must not without the prior written consent of the Providers assign, transfer or otherwise deal with any of the Customers' contractual rights or obligations under the Agreement.

14.7    The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.

14.8    Subject to Clause 10.1, a Services Registration, together with these Terms and Conditions and Policies, shall constitute the entire agreement between Customer and Providers in relation to the subject matter of that Services Registration, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter. 

14.9    The Agreement shall be governed by and construed in accordance with English law.

14.10    The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.


15.    Interpretation

15.1    In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to: 

(a)    that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b)    any subordinate legislation made under that statute or statutory provision.

15.2    The Clause headings do not affect the interpretation of these Terms and Conditions.

15.3    In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

15.4    In these Terms and Conditions the terms "written" and "in writing" shall include electronic written communication including email, the Platform messaging system and the Platform Help Centre.


Client Policy

1.    Introduction

1.1    This Client Policy sets out the additional rules governing Student and Guardian Accounts and the use of the Platform and Services as a Student or Guardian.

1.2    Students must be over 18 years of age to register a Student Account. Any Student under 18 years of age wishing to use the Platform must arrange for a parent or legal Guardian to register a Student Account on their behalf.

1.3    Guardians are responsible for the Students they register and for the activity of those Students on the Platform. Guardians must have the legal right and authority to register Students and to consent to the processing of their personal data for the purposes outlined in the Privacy and Cookie Policy.

1.4    References in this Policy to "you" are to any Student or Guardian using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Providers, Lotus Education Consultants Ltd (7105529) and Tutexa Ltd (and "we" and "our" should be construed accordingly).


2.    Lessons

2.1    All Lessons and tutoring services should be arranged directly with a Tutor via the Platform messaging system, or inside the Tutor Room.

2.2    Any Lesson arrangements you make with a Tutor are your responsibility to fulfil. If you need to cancel or rearrange a Lesson you must contact the Tutor via the messaging system as soon as possible.

2.3    All online Lessons must be conducted on the Platform using the Tutor Room.

2.4    All Lessons and tutoring services are billed on a pay-as-you-go basis. Both you and the Tutor are free to cancel any tutoring arrangement at any time and have no obligation or commitment to any further Lessons or tutoring services.

2.5    Tutors may offer a Free Trial Lesson at their discretion, but they have no obligation to do so, as detailed in the Help Centre.

2.6    Unless agreed otherwise with the Agency, you are permitted to attend a maximum of 2 Free Trial Lessons per subject, provided they are offered by Tutors.


3.    Tutor Wallet

3.1    You agree that all payments to Tutors will be made using your Tutor Wallet and that you will not pass any payment to a Tutor using any other methods. If a Tutor requests that you pay them without using your Tutor Wallet you must not do so and you must inform the Providers as soon as possible.

3.2    You can add credit to your Tutor Wallet anytime using a debit or credit card. Tutor Wallet (a service of the Supplier, Tutexa Ltd) is responsible for this payment, for the credit in your Tutor Wallet and for payments to Tutors for all online lessons in the Tutor Room.

3.3    You agree to always have sufficient credit in your Tutor Wallet to cover the cost of any tutoring you receive, and if this is not the case, you agree to add credit to your Tutor Wallet to cover all costs you have incurred as soon as possible and within 5 working days.

3.4    You can request that any unused credit in your Tutor Wallet be refunded to your original payment method by contacting Tutor Wallet (the Supplier), via the Help Centre. After 6 months from the date of Top up, credit is no longer eligible for refund but can still be used to pay for Lessons and tutoring services on the Platform.

3.5    Credit in your Tutor Wallet does not expire. However, if your Platform Account is closed your associated Tutor Wallet will also be closed and any outstanding credit will be lost.

3.6    You agree that, for a Tutor introduced to you via the Platform, for a period of 6 month following your most recent contact with that Tutor, you will only pay the Tutor using your Tutor Wallet.


4.    Lesson Billing

4.1    You agree to Top up your Tutor Wallet in advance of all arranged Lessons with sufficient credit to cover the cost of the Lesson.

4.2    For online Lessons in the Tutor Room, the cost is calculated after the Lesson on a pro-rata basis using the Lesson duration and the Tutor's hourly rate, as detailed in the Help Centre.

4.3    By entering a Tutor Room you agree to pay the Tutor's hourly rate (on a pro-rata basis) as shown in your ‘tutors’ area on your Account (unless a Free Trial has been awarded to your account, in which case there will be no charge).

4.4    For online Lessons, billing will occur automatically after the lesson ends and payment will be made to the Tutor using the credit in your Tutor Wallet.

4.5    If the automatic billing for any Lesson is incorrect it may be adjusted and corrected manually, as detailed in the Help Centre.

4.6    If you miss an arranged Lesson or make a late cancellation the Tutor may request you make a Missed Lesson Payment. You have no obligation to make a Missed Lesson Payment but declining may cause the Tutor to end the tutoring arrangement or the Agency to withdraw their services entirely, depending upon circumstances.

4.7    You are only obligated to pay for a Lesson if you attend the Lesson, and if you attend you are only obligated to pay for the duration you attended, as detailed in the Help Centre.


5.    Billing Disputes

5.1    If there is a dispute between you and a Tutor regarding the billing of a Lesson or Transfer you must report this to the Providers as soon as possible.

5.2    The Providers will act as moderators to resolve any billing dispute and decide if any billing changes will be made. The decision made by the Providers on billing dispute matters is final and you accept that the Providers have the right to change the billing for any Lessons you have received, provided there is reasonable grounds to do so and a full explanation is given.

5.3    If the billing for a Lesson is reduced then credit will be returned to your Tutor Wallet. If the billing for a lesson is increased then credit will be deducted from your Tutor Wallet. If there is insufficient funds in your Tutor Wallet to cover the increase in billing of a Lesson, you agree to Top up your Tutor Wallet with sufficient funds as soon as possible and within 5 working days.


6.    General

6.1    You must not exchange any contact details with Tutors via the Platform, including via the messaging system and Tutor Room.

6.2    You must inform the Providers immediately if at any point you have any safeguarding concerns.

6.3    You may be required to submit and confirm information in relation to yourself and the tutoring arrangements you have made with a Tutor. You agree to supply such information if required.

6.4    You acknowledge that the Providers have access to the Personal Data stored on your Platform Account.

6.5    If you are unhappy or dissatisfied with a Lesson or Tutor you must report this as soon as possible to the Agency, as detailed in the Help Centre. If the situation may also require credit to be returned to your Tutor Wallet, then you must also inform Tutor Wallet via the Help Centre.

6.6    You acknowledge that the Supplier (Tutexa Ltd) is not a tutoring Agency and does not act as an agent for any Tutor. The Supplier provides the Platform software (Tutor Office) payment system (Tutor Wallet) whereas the tutoring agency services are provided by the Agency (Lotus Education Consultants Ltd (7105529)).

6.7    You acknowledge that all Tutors work on a self-employed and freelance basis and they are solely responsible for their own actions, both on and off the Platform.


7.    Tutor Profiles

7.1    Whilst all Tutor profiles and information provided by Tutors are required to be accurate and representative, the Providers do not guarantee this and shall not be responsible for any false representation or incorrect information, nor do the Providers guarantee that a Tutor is suitably qualified or experienced to provide the services they offer.

7.2    However, all Tutor profiles are managed by the Agency using specific criteria for approval and inclusion in the Agency. You can contact the Agency to request the details of these criteria.


8.    Account Closure

8.1    Your Platform Account may be closed if you:

(a)    fail to reply to messages;

(b)    fail to attend arranged Lessons;

(c)    refuse to make Missed Lesson Payments when requested;

(d)    repeatedly cause billing disputes with Tutors;

(e)    contact an excessive number of Tutors or send an excessive number of messages;

(f)    exchange contact details with a Tutor via the messaging system or the Tutor Room;

(g)    pay a Tutor without using Tutor Wallet;

(h)    do not log in to your Account for more than 2 years;

(i)    request it by contacting the Providers; or

(i)    breach the Agreement.


Tutor Policy

1.    Introduction

1.1    This Tutor Policy sets out the additional rules governing Tutor Accounts and the use of the Platform and Services as a Tutor.

1.2    If Students are under 18 years of age their Account will have been registered by a parent or legal Guardian.

1.3    References in this Policy to "you" are to any Tutor using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Providers, Lotus Education Consultants Ltd (7105529) and Tutexa Ltd (and "we" and "our" should be construed accordingly).


2.    Tutor Requirements

2.1    In order to register a Tutor Account, you must:

(a)    be over 18 years of age;

(b)    be legally entitled to work in the UK;

(c)    be an individual wishing to work as a Tutor on a self-employed basis;

(d)    not appear on the Children or Adult DBS Barred Lists;

(e)    use your real name and personal details;

(f)    not represent a company or organisation; and

(g)    not be VAT registered.

2.2    Upon request by the Agency or Supplier you must be able to prove:

(a)    your identity by providing a copy of your passport or driving licence;

(b)    any qualifications listed on your profile;

(c)    your enhanced DBS certificate status.

2.3    Your Account and profile details must be accurate and representative.

2.4    You must have the necessary qualifications and experience to provide Lessons in the subjects and levels you offer.

2.5    You are not permitted to have more than one Tutor Account with the Agency.


3.    Account Approval

3.1    Before you can start using the Platform Services your account requires approval by the Agency.

3.2    In order to approve your Account, the Agency may require you to submit certain documentation which may include: proof of identification; proof of address; qualification certificates; DBS certificates; references and other relevant documents. You can contact the Agency for details of the exact documentation required for Account approval. Any verification documents you provide must be sent via the Platform messaging system. 

3.3    In order to approve your Account, the Agency may edit your tutor profile if appropriate, it to ensure it conforms to Agency requirements. This may include but is not limited to: corrections to spelling, grammar, layout or formatting; changes to sentence structure or wording; removal of irrelevant or prohibited data; cropping or rotating of a photo; and addition or deletion of profile search tags. However, upon making any significant changes the Agency will inform you by sending you a message so you can review the changes to ensure they are accurate and representative.

3.4    In order to approve your Account, the Agency may require you to attend an interview, either online or offline. You should contact the Agency for details of the exact requirements for Account approval.

3.5    The Agency has the right to decline to approve your Account. When assessing your suitability as a Tutor the Agency may consider a range of criteria including but not limited to your: qualifications; experience; availability; hourly rate; subjects and levels offered; profile detail and style; English language fluency; computer specification; internet connection; provided documentation; geographic location; and interview.

3.6    Once your Account is approved your tutor profile may be visible to other logged in users on the Platform. Depending upon the Agency requirements, it may also be visible to guests who are not logged in and may therefore also be indexed by Google and other search engines. If you do not wish your profile to appear in search engine results, you can request this by contacting the Agency.


4.    Lessons

4.1    All Lessons and tutoring services should be arranged directly with Clients via the Platform messaging system, or inside the Tutor Room.

4.2    Any Lesson arrangements you make with a Client are your responsibility to fulfil. If you need to cancel or rearrange a Lesson you must contact the Client via the messaging system as soon as possible.

4.3    All online Lessons must be conducted on the Platform using the Tutor Room.

4.4    You may offer a Free Trial Lesson at your discretion, but you have no obligation to do so, as detailed in the Help Centre. Unless agreed otherwise with the Agency, you are not permitted to provide more than 2 Free Trial Lessons to the same Student.


5.    Lesson Billing

5.1    For online Lessons in the Tutor Room, the billing occurs automatically after the lesson and is calculated on a pro-rata basis using the Lesson duration and your hourly rate, as detailed in the Help Centre.

5.2    If the automatic billing for any Lesson is incorrect it may be adjusted and corrected manually, as detailed in the Help Centre.

5.3    When a Student enters your Tutor Room the maximum billable duration for the Lesson will be shown, based upon your hourly rate with the Student and how much credit they have in their Tutor Wallet. It is your responsibility to check the displayed maximum billable duration is greater than or equal to the duration you intend to teach, since you will not be paid for any teaching past this duration. No online Lesson is permitted to last longer than 3 hours.

5.4    If a Student misses an arranged Lesson or makes a late cancellation you may request they make a Missed Lesson Payment. Clients have no obligation to make a Missed Lesson Payment but if they decline you have the right to end the tutoring arrangement, as detailed in the Help Centre.

5.5    All Lessons and tutoring services are billed on a pay-as-you-go basis. You and your Clients are free to cancel any tutoring arrangement at any time and have no obligation or commitment to any further Lessons or tutoring services.

5.6    You agree that, for a Client introduced to you via the Platform, for a period of 6 month following your most recent contact with that Client, you will only receive payment from that Client via your Tutor Wallet.


6.    Billing Disputes

6.1    If there is a dispute between you and a Client regarding the billing of a Lesson or Transfer you must report this to the Providers as soon as possible.

6.2    The Providers will act as moderators to resolve any billing dispute and decide if any billing changes will be made. The decision made by the Providers on billing dispute matters is final and you accept that the Providers have the right to change the billing for any Lesson you have conducted or any Transfer you have received, provided there is reasonable grounds to do so and a full explanation is given.

6.3    If a Client asserts that you were unable to provide satisfactory tutoring during a Lesson, the billing for the Lesson may be reduced or cancelled entirely. These situations will be carefully moderated by the Providers and you will be given the opportunity to express your opinions before a final decision is made.

6.4    If the billing for a Lesson or Transfer is reduced then credit will be deducted from your Tutor Wallet. If the billing for a Lesson or Transfer is increased then credit will be added to your Tutor Wallet.


7.    Earnings

7.1    For all tutoring arranged via the platform, you agree that all Client payments will be made into your Tutor Wallet and you will not receive payment using any other method. If a Client requests to pay you without using your Tutor Wallet you must not allow this and you must inform the Providers as soon as possible.

7.2    Credit in your Tutor Wallet will automatically be transferred to your nominated bank account on a weekly basis, after deduction of the Tutor Fee.

7.3    The Tutor Fee is a fixed percentage of the credit you receive into your Tutor Wallet (the percentage is shown on your Platform Account). The Tutor Fee is composed of an Agency Fee (which is paid to the Agency) and a Platform Fee (which is paid to the Supplier).

7.4    You agree to pay the Tutor Fee. The Tutor Fee percentage may be changed at any time, but you will be given at least 30 days written notice before any increases are applied to your Account.

7.5    Before Tutor Wallet credit can be transferred to your bank account, you must confirm your identity by submitting a copy of your passport or driving licence to Tutor Wallet (the Supplier).

7.6    If a reduction in the billing of a Lesson or Transfer results in your Tutor Wallet having a negative balance (because the funds have already been paid out to your bank account), you agree to pay to the Providers the amount due (to remove the negative balance) as soon as possible and within 10 working days.


8.    General

8.1    You may be required to submit and confirm information in relation to yourself and the tutoring arrangements you have made with a Client. You agree to supply such information if required.

8.2    You acknowledge that the Providers have access to the Personal Data stored on your Platform Account, in order to approve and manage your Account and provide you with their services.

8.3    You must not complete homework, coursework or any other assignment on behalf of a Student.

8.4    If you are unhappy with or concerned about a Student you must report this as soon as possible to the Agency, as detailed in the Help Centre.

8.5    You acknowledge that Clients are entitled to submit feedback in relation to your Lessons and tutoring services. If you are unhappy with any feedback you receive you should contact the Agency and they will make a decision regarding whether the feedback is shown in your profile.

8.6    You acknowledge that Tutors may be ranked in Platform searches on the basis of a range of criteria which includes your profile and your activity on the Platform.

8.7     You acknowledge that the Supplier (Tutexa Ltd) is not a tutoring Agency and does not act as an agent for any Tutor. The Supplier provides the Platform software (Tutor Office and Tutor Wallet) whereas the tutoring agency services are provided by the Agency (Lotus Education Consultants Ltd (7105529)).

8.8    You acknowledge that as a Tutor you work on a self-employed basis and are solely responsible for your own actions, both on and off the Platform.

8.9    You acknowledge that you are responsible for all Income Tax, National Insurance and any other responsibilities arising from earnings you receive through the Platform.


9.    Safeguarding

9.1    You must not exchange any contact details with Clients via the Platform, including via the messaging system and Tutor Room.

9.2    You must inform the Providers immediately if at any point you have any safeguarding concerns.

9.3    You must take every precaution to ensure that you work in a safe environment and are responsible for taking out and maintaining your own insurance policies to cover the tutoring you undertake.

9.4    You must disclose any criminal convictions or cautions you have to the Agency when registering an Account. You must also disclose immediately any criminal convictions or cautions you receive at any time for as long as your Account remains registered.


10.    Account Closure

10.1    Your Platform Account may be closed if you:

(a)    fail to complete your tutor profile if requested to do so by the Agency;

(b)    fail to provide documentation required for account approval;

(c)    fail to reply to messages;

(d)    fail to attend arranged Lessons;

(e)    make excessive or inappropriate Missed Lesson Payment requests;

(f)    receive complaints or negative feedback from Clients;

(g)    cause billing disputes with Clients;

(h)    send an excessive number of messages;

(i)    exchange contact details with a Client via the messaging system or the Tutor Room;

(j)    receive payment from a Client without using Tutor Wallet;

(k)    do not log in to your Account for more than 2 years;

(l)    request it by contacting the Providers; or

(m)    breach the Agreement.


Privacy & Cookie Policy

1.    Introduction

1.1    References in this Policy to "you" are to any Customer using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to the Providers, Lotus Education Consultants Ltd (7105529) and Tutexa Ltd (and "we" and "our" should be construed accordingly).

1.2    This policy applies where we are acting as joint data controllers with respect to the Personal Data of the Platform visitors and users; in other words, where we determine the purposes and means of the processing of that Personal Data.

1.3    We use cookies on the Platform. Insofar as those cookies are not strictly necessary for the provision of the Platform and Services, we may ask you to consent to our use of cookies when you first visit the Platform.


2.    How we use your Personal Data

2.1    In this Section 2 we have set out:

(a)    the general categories of Personal Data that we may process;

(b)    in the case of Personal Data that we did not obtain directly from you, the source of that data;

(c)    the purposes for which we may process Personal Data; and

(d)    the legal bases of the processing.

2.2    We may process data about your use of the Platform and Services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and Platform navigation paths, as well as information about the timing, frequency and pattern of your Service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the Platform and Services. The legal basis for this processing is our legitimate interests, namely monitoring and improving the Platform and Services.

2.3    We may process your Account data ("account data”), which you have provided. The Account data may include your name, date of birth, country of residence, address, school, email, phone number, and bank account details. The account data may be processed for the purposes of operating and securing the Platform, providing the Services, and communicating with you. The legal basis for this processing is: the performance of a contract between you and us or taking steps, at your request, to enter into such a contract; legitimate interests, namely the proper administration of the Platform and business; and legitimate interests, namely the safeguarding our users.

2.4    For Tutors, we may process your Tutor profile data ("profile data”), which you have provided. The profile data may include your photo, qualifications, accreditations, verifications, tutoring and teaching experience, availability, and the tutoring you offer. The profile data may be processed for the purposes of allowing you to use the Services. The legal basis for this processing is the performance of a contract between you and us or taking steps, at your request, to enter into such a contract.

2.5    For Tutors, we may process your verification documents ("verification data”), which you have provided. The verification data may include proof of identification, proof of address, qualification certificates, DBS certificates, references and other documents relevant to verifying your Account. The verification data may be processed for the purposes of verifying your tutor credentials and to comply with money laundering regulations. The legal basis for this processing is: the performance of a contract between you and us; legitimate interests, namely the proper administration of the Platform and business and the safeguarding of our users; and to meet our legal obligations.

2.6    We may process the Personal Data you generate in the course of using our Services ("service data"). The service data may include your Lesson history and transaction history. The service data may be processed for the purposes of operating the Platform and providing the Services. The legal basis for this processing is: the performance of a contract between you and us; legitimate interests, namely the proper administration of the Platform and business; and to meet our legal obligations.

2.7    We may process the information contained in the messages that you send and receive ("message data"). The message data may include the message content, any file attachments and any associated metadata. The Platform will generate metadata associated with messages sent or received via the Platform. The message data may be processed to allow you to use the Services and to allow us to provide safeguarding and quality control. The legal basis for this processing is the performance of a contract between you and us and legitimate interests, namely the safeguarding of our users.

2.8    We may process the information contained in reviews submitted by Clients ("review data"). The review data may include a star rating and a written review. The review data may be processed to allow you to use the Services and to allow for quality control. The legal basis for this processing is the performance of a contract between you and us and legitimate interests, namely the quality control of the Platform and Services.

2.9    We may process the information contained in Lesson recordings (“recording data”). The recording data may include audio (microphone) and video (webcam) streams as well a presentation stream (whiteboard and uploaded documents). The data is generated during online Lessons in the Tutor Room. This data may be processed to provide safeguarding for Platform users and to resolve disputes and technical problems. The legal basis for this processing is the performance of a contract between you and us and legitimate interests, namely the safeguarding of the Platform and Services users.

2.10    We may process any of your Personal Data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.11    We may process any of your Personal Data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.12    In addition to the specific purposes for which we may process your Personal Data set out in this Section 2, we may also process any of your Personal Data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.13    You must not supply any other person's Personal Data to us, unless we prompt you to do so in writing.


3.    Automated decision-making

3.1    If you are a Tutor, we may use your Personal Data for the purposes of automated decision-making in relation to ranking of tutor profiles in search results on the Platform. This automated decision-making will use a range of data including: the tutoring you offer; your qualifications and experience; your transaction history; and your ratings. The significance and consequence of this is: Tutors with higher level qualifications and greater experience will rank higher; Tutors will rank higher as they receive more credit; Tutors will rank higher as they receive positive ratings and may rank lower if they receive negative ratings.


4.    Providing your Personal Data to others

4.1    For Tutors, once your tutor profile is approved your profile data will be visible to other logged in users on the Platform. Depending upon the Agency requirements, this visibility may be limited to Agency administrators, may extent to any logged in user, or may extend to guests who are not logged in and may therefore also be indexed by Google and other search engines. If you do not wish your tutor profile data to appear in search engine results, you can request this by contacting the Agency.

4.2    We may disclose your Personal Data to our insurers and professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3    Financial transactions relating to the Platform and Services may be handled by our payment services provider. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

4.4    We may disclose your Personal Data to our trusted verification partners in order to confirm the validity of any submitted data or documentation. This may include your identification documents (including passport or UK driving licence), DBS certificates, qualification certificates, address, date of birth, TRN (teacher reference number) and other Personal Data where applicable. We will share this data only for the purposes of confirming the validity of the data and documents.

4.5    In addition to the specific disclosures of Personal Data set out in this Section 4, we may disclose your Personal Data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.


5.    Retaining and deleting Personal Data

5.1    Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.2    We may retain your Personal Data for a period of 3 years from the date of the most recent login to your Account or for 2 months following the closure of your Account.

5.3    Notwithstanding the other provisions of this Clause 5, we may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.


6.    Security of Personal Data

6.1    We will take appropriate technical and organisational precautions to secure your Personal Data and to prevent the loss, misuse or alteration of your Personal Data.

6.2    We will store your Personal Data on secure servers.

6.3    All Personal Data sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption.

6.4    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

6.5    You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing your Account confidential and we will not ask you for your password (except when you log in to your Account).


7.    Amendments

7.1    We may update this policy from time to time by publishing a new version on the Platform. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of significant changes to this policy by email or through the Platform.


8.    Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are your rights to: access; rectification; erasure; restrict processing; object to processing; data portability; complain to a supervisory authority; and withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your Personal Data and, where we do, you have the right to access the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access most of your Personal Data by logging in to your Account.

8.4    You have the right to have any inaccurate Personal Data about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about you completed. If any Personal Data that we hold about you needs to be corrected or updated you can contact us via the Platform or via email at support@tutoroffice.co.uk.

8.5    In some circumstances you have the right to the erasure of your Personal Data without undue delay. Those circumstances include: when the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; if you withdraw consent to consent-based processing; if you object to the processing under certain rules of applicable data protection law; when the processing is for direct marketing purposes; and if the Personal Data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the Personal Data; processing is unlawful but you oppose erasure; we no longer need the Personal Data for the purposes of our processing, but you require Personal Data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.9    To the extent that the legal basis for our processing of your Personal Data is either consent or performance of a contract (to which you are party or in order to take steps at your request prior to entering into a contract), and such processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.10    If you consider that our processing of your Personal Data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.11    To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.12    You may exercise any of your rights in relation to your Personal Data by contacting us via the Platform or via email at support@tutoroffice.co.uk.


9.    Third party Platforms

9.1    Our Platform may include links to and details of third party Platforms. We have no control over, and are not responsible for, the policies and practices of any other Platforms.


10.    Cookies

10.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but Personal Data that we store about you may be linked to the information stored in and obtained from cookies. Most browsers allow you to refuse to accept cookies and to delete cookies. However, cookies are essential to the correct operation of the Platform and if you block cookies you will not be able to use all the features of the Platform and the Services will not function correctly.

10.2    We use cookies for the following purposes:

(a)    authentication - we use cookies to identify you when you visit the Platform and as you navigate the Platform (cookies used for this purpose are: tutoroffice_session); and

(b)    security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect the Platform and Services generally (cookies used for this purpose are: XSRF-TOKEN).

10.3    We use Google Analytics to analyse the use of the Platform. Google Analytics gathers information about Platform use by means of cookies. Google's privacy policy is available at: https://www.google.com/policies/privacy/.


11.    Our details

11.1    All tutors and tutoring agency services are provided by the Agency, Lotus Education Consultants Ltd (7105529), trading as Lotus Tutors Online. You can contact the Agency anytime via the platform messaging system.

11.2    The software Platform (Tutor Office) and payment system (Tutor Wallet) is owned and operated by the Supplier, Tutexa Ltd (11603406). The Supplier is registered as a data controller with the UK Information Commissioner's Office (A8425654). You can contact the Supplier anytime from the Help Centre or you can email support@tutoroffice.co.uk.