Intro

Thanks for taking the time to learn about Peer tutor. This is where you'll find information about how we protect your privacy, Peer tutor's terms of service and how we handle user accounts. If you still have questions, please get in touch.

The following section is structured as follows:

  1. Student User Agreement
  2. Tutor Contract

Intro

We, Peer Tutor Limited , are delighted that you have chosen to sign up and study with us. The terms and conditions below describe what you can expect from us, and what we expect from you as a student user of our Peertutor App and the services provided within that app which are designed to support you with your studies (rather than replace formal classroom teaching).

Please make sure you read these terms carefully before you get started. If you have any questions about these terms then please contact support@peertutor.com before using the app. If you do not agree to the terms then do not use the app, otherwise you will be deemed to have accepted them.

Section A – special terms

1

Special words and phrases used in this agreement

  • 1.1 The following words and phrases used in this agreement have specific meanings, and so are capitalised throughout:
  • Confidential Information

  • any information in whatever form relating to, for example, our business and customers and those of our Group Companies, for the time being confidential to us (including but not limited to the content of the live lessons delivered within the Peertutor App, and the New Materials) whether or not such information is marked confidential or you are told is confidential.

  • Cookie Notice

  • the policy which can be found at https://peertutor.com/privacy-policy.html#cookie-notice

  • Documentation

  • is defined in Section C.

  • Group Company

  • our subsidiaries or holding companies from time to time and any subsidiary of any holding company from time to time (including NCFE ).

  • Intellectual Property Rights

  • includes patents, copyright and related rights, moral rights, trademarks business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  • Login Details

  • the username and password which you use to access your account in the Peertutor App.

  • New Materials

  • includes any documents that our Tutors create, and any information that our Tutors share with you (for example, the feedback that our Tutors provide to you and explanations and tips that they give to you on how to tackle given questions) when carrying out the Tutoring Services.

  • Peertutor App

  • an education platform designed to supplement core learning and owned by us, including any updates or supplements to that content.

  • Peertutor Gem

  • a credit which you can use in exchange for delivery of the Tutoring Services, further details of which can be found at Section E (Tutoring Services).

  • Privacy Policy

  • the policy which can be found at https://peertutor.com/privacy-policy.html

  • Tutors

  • the persons that we engage on a self-employed basis to provide the Tutoring Services.

  • Tutoring Services

  • answering questions posed by you (and other student users of the Peertutor App) via the Peertutor App and/or delivering live lessons to you (and other student users of the Peertutor App) via the Peertutor App. Those services are intended to simply support you with your studies rather than act as a substitute for formal teaching as our tutors are not qualified teachers.

  • Virus

  • computer viruses, trojans, worms, logic bombs, disabling code or routines, or other material which is malicious or technologically harmful.

  • 1.2 The headings in this agreement are for convenience only.

  • 1.3 Any references to a particular law includes any subsequent amendments to it or laws that may replace it. Any references to one gender include references to the other genders, and references to a singular includes the plural and vice versa.

  • 1.4 Any words which follow after the terms including, include, in particular, for example or any similar expression are given by way of illustration only and so the list shall not be limited to just those words.

Section B – other applicable terms (data protection and cookies)

2

The following terms also apply to your use of the Peertutor App and the provision of the Tutoring Services:

  • 2.1 our Privacy Policy, which sets out the terms on which we process any personal data that you provide to us and/or we collect from you; and

  • 2.2 our Cookie Policy, which sets out detailed information about the cookies we use and the purposes for which we use them on the Peertutor App.

3

We will collect, and process the personal data that we collect, about you in accordance with our privacy notice.

  • Click here to read that notice.

Section C – how long this agreement will last for

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Length of this agreement

  • 4.1 This agreement starts on the day that you confirm that you have agreed to the terms of this agreement. You will be asked to confirm this when you create a Peertutor App account.

  • 4.2 This agreement will come to an end if either of us choose to terminate our relationship in accordance with the provisions below.

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Ending this agreement

  • 5.1 Either of us may bring this agreement to an end at any time.

  • 5.2 We may suspend or delete your account within the Peertutor App immediately (and for so long as we consider reasonable) if we have any concerns from a legal or regulatory perspective, for safeguarding reasons or if we have reasonable grounds to believe that you have acted in breach of these terms and conditions.

  • 5.3 Our rights under this section are without prejudice to any other rights that we might have at law to bring this agreement to end, or to accept any breach by you of this agreement as having brought the agreement to an end. Any delay by us in exercising our rights to terminate shall not constitute a waiver of these rights.

  • 5.4 We will also bring this agreement to an end immediately, and delete your Peertutor App account, if there is a period of inactivity for a continuous two year period.

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What happens when this agreement ends

  • 6.1 Any key provisions which, by their very nature (for example, liability and confidentiality) are intended to survive beyond termination of this agreement, will continue to remain in force. If you are in doubt as to whether a provision of this agreement extends beyond termination, please ask us to confirm.

  • 6.2 You will not, unless we otherwise agree, be refunded any Peertutor Gems that you have credited in your account.

  • 6.3 You will no longer have a right to use the Peertutor App and we will delete your account so that you will not be able to access the Peertutor App nor make use of the Tutoring Services.

Section D – registration, login, security and restrictions in relation to the Peertutor App

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Registration, login and security

  • 7.1 Once you have downloaded the Peertutor App and registered an account within it, we will issue you with Login Details. You may be asked to provide additional information as required as part of our security procedures. We may ask you to change your Login Details from time to time as a security measure. You must treat your Login Details as confidential and must not therefore disclose them to any other person.

  • 7.2 You agree to provide true, accurate, current and complete information about yourself when completing the [online application form] to use the Peertutor App and you agree to keep this information up to date and accurate at all times. If you become aware of any changes to the information you submitted as part of your application to use the Peertutor App, you must notify us immediately at support@peertutor.com.

  • 7.3 The ways in which you use the Peertutor App (and Documentation) may also be controlled by the rules and policies of the appstore from which you downloaded the Peertutor App. If there are differences between the two, our rules and policies will apply.

  • 7.4 You are responsible for, and agree to not hold us responsible for, any unauthorised access or changes to your account within the Peertutor App resulting from shared or unauthorised access to individuals having access to your Login Details.

  • 7.5 If you know or suspect that anyone other than you knows your Login Details, you must promptly notify us at support@peertutor.com and change your Login Details.

8

Operating system requirements and wi-fi

  • 8.1The Peertutor App requires a mobile phone device with access to Android (currently version 5 and above) or IOS operating systems (currently iOS11, iOS11 and above). The Peertutor App will also support OS versions for iPhone, iPhone6, Iphone6 plus and later.

  • 8.2 We recommend that you are connected to wi-fi when using the Peertutor App. We will not be liable for any charges that you may incur as a result of using the Peertutor App when not connected to wi-fi.

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Support for the Peertutor App

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How you may use the Peertutor App

  • 10.1In return for agreeing to comply with the terms of this agreement you may:

    • download a copy of the Peertutor App onto one device only;
    • view, use and display the Peertutor App on such devices for your personal use only;
    • use any Documentation available within your account to support your permitted use of the Peertutor App;
    • receive and use any free supplementary software code or update of the Peertutor App incorporating "patches" and corrections of errors as we may provide to you.
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Updates to the Peertutor App

  • 11.1 We may, from time to time, automatically update the Peertutor App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Peertutor App. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Peertutor App. We will not be liable to you for the failure of the Peertutor App to function correctly, or for any security issues.

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If you do not own the device that you are using

  • 12.1 If you download the Peertutor App onto any phone or other device not owned by you, you must have the owner's prior permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device you use to use the Peertutor App.

  • 12.2 If you sell the device on which the Peertutor App is installed, you must first remove the Peertutor App from it.

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We may collect technical data about your device

  • 13.1 By using the Peertutor App, you agree to us collecting and using technical information about the device(s) you use the Peertutor App on and related software, hardware and peripherals to improve our products and to provide the Tutoring Services to you.

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Other websites

  • 14.1 The Peertutor App may contain links to other independent websites which are not provided by us. The sites are not under our control, and we are not responsible for and have not checked or approved their content or their privacy policies (if any).

  • 14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

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Licence restrictions

  • 15.1 You agree that you will:

    • not copy the Peertutor App or Documentation, except as part of the normal use of the Peertutor App;
    • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Peertutor App or Documentation nor permit the Peertutor App to be combined with, or become incorporated in, any other programs, except as necessary to use the Peertutor App on devices as permitted in these terms;
    • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Peertutor App nor attempt to do any such things, except to the extent that such actions cannot be prohibited in law.
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Acceptable use restrictions

  • 16.1 You must not:

    • use the Peertutor App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as Viruses, or harmful data, into the Peertutor App;
    • infringe our Intellectual Property Rights or those of any third party in relation to your use of the Peertutor App (to the extent that such use is not permitted by these terms);
    • send any communications via the Peertutor App that are or may be inappropriate or offensive;
    • register yourself for more than one account within the Peertutor App.
  • 16.2 Check that the Peertutor App is suitable for you. The Peertutor App (and the Tutoring Services described in Section D below) provided via that app have not been developed to meet individual requirements. Please therefore check that the facilities and functions of the Peertutor App and the Tutoring Services, as described on the appstore site and on our website meet your requirements.

Section E – the Tutoring Services and Peertutor Gems

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Make use of the Tutoring Services

  • 17.1 Once you have downloaded and created your own account within the Peertutor App you will be able to take advantage of the Tutoring Services provided via the app.

  • 17.2 If you have a question, require feedback or want a 30 minute live lesson you must ensure that your account is credited with a sufficient amount of Peertutor Gems and, if so, you will be able to send a request to the bank of tutors that we have within the Peertutor App. We would hope that a Tutor will respond, but we cannot guarantee that.

    • If a Tutor does respond, your account will be debited as follows:
      • 10 Peertutor Gems – if you participate in one live lesson.
      • 2 Peertutor Gems – if you ask one question of a Tutor.
      • 6 Peertutor Gems – for each feedback request made by you and completed by a Tutor.
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Feedback on the Tutoring Services

  • 18.1 We encourage you to rate the responses, feedback and live lessons given by a Tutor when prompted to do so in the Peertutor App so that we can monitor and ensure the quality of the Tutoring Services.

  • 18.2 If you raise a complaint in relation to the Tutoring Services we will investigate that complaint and, if that complaint is upheld by us, we will credit your account with the number of Peertutor Gems that were debited for the relevant Tutoring Services.

19

Monitoring

  • 19.1 In order to ensure that the quality of the Tutoring Services that you receive is in line with our expectations (and those of all students) we will carry out random spot checks on, and continually moderate and monitor, the work that tutors are doing and this could include the engagement between you and a Tutor.

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Peertutor Gems

  • 20.1 Should you need to, you may purchase Peertutor Gems through the app stores from which the Peertutor App can be downloaded, and from such other channels as we may make available and notify to you from time to time. On occasion, we may run promotions whereby your account may automatically be credited by us with a certain number of free Peertutor Gems.

  • 20.2 You will not be able to use any Peertutor Gems that have been in your account for 24 months or longer. We therefore strongly recommend that you use your Peertutor Gems before they are no longer valid.

Section F – safeguarding

  • 20.3 We take the safeguarding of both of our students (including you) and our tutors seriously. If you therefore have any safeguarding concerns then we encourage you to report those to us as soon as possible so that we can deal with them sensitively and appropriately. You should report your concerns to safeguarding@peertutor.com

  • 20.4 With safeguarding in mind, only tutors that have undergone a relevant DBS check will be able to carry out live lessons. Also, any given Tutor may only be permitted to interact with you via the Peertutor App three times or fewer in any 30 day period.

  • 20.4 20.5 In the interests of safeguarding, you must not reveal any personal information about yourself (for example, name, address, age) to tutors, and you must not ask tutors for any personal information about themselves. All of your interactions with tutors must remain strictly professional and anonymous. Those interactions will be monitored by us to help ensure compliance with our safeguarding policy and our reporting obligations to third parties. We take a serious approach to ensuring the health, safety and well-being of those using our services. We will investigate all allegations or concerns raised, and may refer safeguarding concerns to external agencies and regulatory bodies, where appropriate or as required by law.

Section G – confidentiality and intellectual property

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Confidential information

  • 21.1 When using the Peertutor App, you may be privy to some of our Confidential Information. If that is the case, you must not, either during this agreement or after this agreement ends, use or disclose that Confidential Information to any other party or person unless:

    • you are given permission from us to use or disclose the Confidential Information;
    • you are legally required to disclose the Confidential Information (e.g. you receive a court order to disclose it); or
    • the information, through no fault of yours, has become public knowledge.
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Intellectual Property Rights

  • 22.1 All Intellectual Property Rights in and to the Peertutor App, the Documentation and the Tutoring Services throughout the world belong to us (or our licensors) and the rights in the Peertutor App are licensed (not sold or transferred) to you on a non-exclusive and limited basis. You have no Intellectual Property Rights in, or to, the Peertutor App, the Documentation or the Tutoring Services other than the right to use them in accordance with these terms.

Section H – liability under this agreement

23

General provision

  • 23.1 Nothing in this agreement excludes or limits our liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

24

Your responsibility to us under this agreement

  • 24.1 You agree to reimburse us, and any of our Group Companies, for any foreseeable loss or damage that we may suffer as a result of you breaking the terms of this agreement. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

  • 24.2 Any Group Company may enforce this agreement and its terms against you.

25

Our responsibility to you under this agreement

  • 25.1 Subject to paragraph 23.1, and the remainder of this paragraph 25, our entire liability to you arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise will in no circumstances exceed £500.

  • 25.2 Subject to paragraph 23.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with this agreement, including arising under or in connection with:

    • use of, or inability to use, the Peertutor App; or
    • use of or reliance on the Documentation or any content displayed in the Peertutor App.
  • 25.3 We are under a legal duty to supply services that are in conformity with this agreement. Nothing in these terms will affect your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

We, Peer Tutor Limited are delighted to have you on board as one of our self-employed tutors. The terms and conditions below describe what you can expect from us, and what we expect from you as a tutor. Please make sure you read these terms carefully and have understood them before agreeing to them. If you do not understand any of the terms, or have any questions, then please contact support@peertutor.com before agreeing to them.

Section A – special terms

1

Special words and phrases used in this agreement

  • 1.1 The following words and phrases used in this agreement have specific meanings, and so are capitalised throughout:
  • Confidential Information

  • any information in whatever form relating to, for example, our business and customers and those of our Group Companies, for the time being confidential to us (including but not limited to the content of the live lessons delivered within the Peertutor App, and the New Materials), whether or not such information is marked confidential or you are told is confidential.

  • Cookie Policy

  • the policy which can be found at https://peertutor.com/privacy-policy.html#cookie-notice

  • Group Company

  • our subsidiaries or holding companies from time to time and any subsidiary of any holding company from time to time (including NCFE).

  • Intellectual Property Rights

  • includes patents, copyright and related rights, moral rights, trademarks business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  • New Materials

  • includes any documents that our Tutors create, and any information that our Tutors share with you (for example, the feedback that our Tutors provide to you and explanations and tips that they give to you on how to tackle given questions) when carrying out the Tutoring Services.

  • Peertutor App

  • a tech platform of content designed to supplement core learning and owned by us, including any updates or supplements to that content.

  • Peertutor Gem

  • a credit within the Peertutor App which Students can use in exchange for delivery of the Tutoring Services, and which you will receive in exchange for delivering those Tutoring Services to the Students. See Section E (your fees for being a tutor) for further details.

  • Privacy Policy

  • the policy which can be found at https://peertutor.com/privacy-policy.html

  • Specialist Subjects

  • the subjects which we agree with you that you can support Students with.

  • Students

  • school students who have downloaded and set up an account on the Peertutor App.

  • Tutoring Services

  • answering questions posed by Students via the Peertutor App and/or delivering live lessons to Students via the Peertutor App, but only on your Specialist Subjects(s).

  • 1.2 The headings in this agreement are for convenience only.

  • 1.3 Any references to a particular law includes any subsequent amendments to it or laws that may replace it. Any references to one gender include references to the other genders, and references to a singular includes the plural and vice versa.

  • 1.4 Any words which follow after the terms including, include, in particular, for example or any similar expression are given by way of illustration only and so the list shall not be limited to just those words.

Section B – other applicable terms (data protection and cookies)

2

The following terms also apply to your use of the Peertutor App and the provision of the Tutoring Services:

  • 2.1 our Privacy Policy, which sets out the terms on which we process any personal data that you provide to us and/or we collect from you; and

  • 2.2 our Cookie Policy, which sets out detailed information about the cookies we use and the purposes for which we use them on the Peertutor App.

  • 2.3 We will collect, and process the personal data that we collect, about you in accordance with our privacy notice. Click here to read that notice.

  • 2.4 As part of your role as a tutor you will not be privy to any personal data, other than the name and contact details of your contact at Peertutor.

  • 2.5 You shall have personal liability for and shall indemnify us and any Group Company for any loss, liability, costs (including legal costs), damages, or expenses resulting from any breach by you of data protection legislation.

Section C – how long this agreement will last for

3

Length of this agreement

  • 3.1 This agreement starts on the day that you receive an email from us to confirm that your application to become one of our tutors has been accepted.

  • 3.2 This agreement will come to an end if either of us choose to terminate our relationship in accordance with the provisions below.

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Ending this agreement

  • 4.1 We may end this agreement immediately, and delete your Peertutor App account, if:

        (a) you commit any serious or repeated breach of, or fail to observe, any of the provisions of this agreement;

        (b) you refuse or neglect to comply with any of our reasonable and lawful instructions;

        (c) in our reasonable opinion, you are negligent or incompetent in performing the Tutoring Services;

        (d) we have concerns about you from a safeguarding perspective;

        (e) you are convicted of any criminal offence;

        (f) you do something which we believe brings or is likely to bring us into disrepute or is materially adverse to our interests; or

        (g) you commit any breach of our policies or procedures (including our safeguarding policies and procedures).

  • 4.2 We will also bring this agreement to an end immediately, and delete your Peertutor App account, if there is a period of inactivity for a continuous two year period.

  • 4.3 Otherwise, either of us may bring this agreement to an end at any time by giving each other 5 days' notice.

  • 4.4 Our rights under this section are without prejudice to any other rights that we might have at law to bring this agreement to end, or to accept any breach by you of this agreement as having brought the agreement to an end. Any delay by us in exercising our rights to terminate shall not constitute a waiver of these rights.

  • 4.5 When this agreement comes to an end, some of the key provisions will continue (for example, the liability and confidentiality provisions).

Section D – what we expect from each other

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What we expect from you

  • Quality of your work

    5.1 By accepting the terms of this agreement, you have agreed to act as a tutor for us (in other words, you are agreeing to carry out the Tutoring Services). You confirm that you will provide the Tutoring Services with all due care, skill and to the best of your ability; will at all times conduct yourself responsibly (particularly when interacting with Students), and will use your best endeavours to uphold our good reputation.

  • Compliance with our policies

    5.2 When acting as a tutor, you must at all times comply with the following polices that we have in place, including our safeguarding policy which is available on our website. You must also comply with all applicable laws, regulations and codes of practice, including those relating to anti-bribery and anti-corruption, tax evasion and safeguarding. You must, if and when we request, confirm your compliance and provide any supporting evidence of your compliance.

  • Training

    5.3 You must attend such online training (including your induction training) as required by us. Such training shall include training on how to use the tutor functionality in the Peertutor App, safeguarding training and how to give constructive feedback. You hereby agree to comply with the instructions given during that training.

  • Misrepresentation

    5.4 You must not at any time mislead the Students by, amongst other things, representing to them that you are a qualified teacher.

  • Provision of your own equipment

    5.5 You agree and acknowledge that you are responsible for ensuring that you have all the necessary equipment needed to carrying out your Tutoring Services. Whilst we will provide you with access to the Peertutor App, no equipment will be provided by or paid for by us.

  • 5.6 You must never leave the device upon which you download the Peertutor App unattended, must never share your log in details with any other person, and must ensure that you report the loss of your device to us as soon as possible.

  • Your use of wi-fi

    5.7 We recommend that you are connected to wi-fi when using the Peertutor App, or otherwise attending our online training designed for our tutors. We will not be liable for any charges that you may incur as a result of using the Peertutor App when not connected to wi-fi.

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What you can expect from us

  • No obligation to provide or accept work

    6.1 We both agree and acknowledge that we are not obliged to ensure that you have Tutoring Services to carry out, and you are not obliged to carry out the Tutoring Services where available. So if a Student, through the Peertutor App, makes a request for a Tutor to support them, it is up to you whether to "claim" that ahead of the other Tutors.

  • Other activities

    6.2 Nothing in this agreement shall prevent you from working for any other business (whether in a self-employed capacity, as a worker, or as an employee). However, if you do work for someone else, you must make sure that you do not breach any of the terms of this agreement (particularly the terms relating to what we expect from you at Section C confidentiality at Section E).

  • Monitoring

    6.3 In order to ensure that the quality of the Tutoring Services that you provide is in line with our expectations (and those of our Students) we will carry out random spot checks on, and continually moderate and monitor, the work that you are doing (with or without your knowledge). You also acknowledge that Students may rate your performance, and that those ratings are made available to us.

Section E – your fees for being a tutor

  • 6.4 You will receive the following credits to your Peertutor App account in relation to the Tutoring Services provided as follows:

       (a) Giving step by step answers to a question asked by a Student – 1 Peertutor Gem

       (b) Providing feedback to a Student – 3 gems

       (c) Carrying out a 30 minute live lesson with a Student – 5 Peertutor Gems.

  • 6.5 Once your Peertutor App account has been credited with more than 10 Peertutor Gems, and subject to paragraph 6.6 below, we will pay you, via the PayPall account linked to your Peertutor App account, £1 for every 1 Peertutor Gem that you accumulate. Your PayPal account must be linked to a personal bank account in the United Kingdom. Payments will be made on or around 28th day of each calendar month. If, however, you wish to retain your Peertutor Gems and use them to receive tutoring yourself as a Student you can transfer your Peertutor Gems between your tutor and Student Peertutor account using the transfer feature within the Peertutor App. However, you must remember to do so before the 28th day of the month. Please see here for the terms and conditions that apply to you should you have a Student Peertutor account also.

  • 6.6 If we receive a complaint about the Tutoring Services that you have delivered, we will notify you and investigate that complaint before notifying you of our decision. If that complaint is upheld by us, we will deduct from your Peertutor account the relevant number of Peertutor Gems attributable to the Tutoring Services which were the subject of the complaint. If your account does not contain a sufficient number of Peertutor Gems at the time that we uphold the complaint, we will promptly deduct any Peertutor Gems that are available and, at a later stage when more Peertutor Gems become available in your account, deduct the balance then.

  • 6.7 You agree and acknowledge that you are solely responsible for accounting to HMRC for any taxes in relation to your performance of the Tutoring Services.

Section F – safeguarding

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  • We take the safeguarding of both of our tutors and our Students seriously. If you therefore have any concerns about the health safety or wellbeing of any Student, tutor, or yourself, then we encourage you to report those to us as soon as possible so that we can deal with them sensitively and appropriately. You should report your concerns to support@peertutor.com.

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  • With safeguarding in mind, you agree and acknowledge that you will not be permitted to carry out any live lessons without you having undergone a relevant DBS check and without us being satisfied with the results of that check. You may also be prevented from interacting with any given Student via the Peertutor App on more than three occasions in any 30 day period.

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  • In the interests of safeguarding, you must not reveal any personal information about yourself (for example, name, address, age) to Students, and you must not ask Students for any personal information about themselves. All of your interactions with Students must remain strictly professional and anonymous. Those interactions will be monitored by us to help ensure compliance.

10
  • If we receive a complaint against you in relation to safeguarding, then we will investigate it in line with our safeguarding policy. You should be aware that if safeguarding concerns made against you are substantiated, then we may need to refer that to external agencies and regulatory bodies and will do so in order to ensure our own regulatory compliance.

Section G – confidentiality and intellectual property

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Confidential information

  • 11.1 When working as a tutor for us, you may be privy to some of our Confidential Information. If that is the case, you must not, either when working for us or after this agreement ends, use or disclose that Confidential Information to any other party or person unless:

      (a) you are given permission from us to use or disclose the Confidential Information;

      (b) you are legally required to disclose the Confidential Information (e.g. you receive a court order to disclose it); or

      (c) the information, through no fault of yours, has become public knowledge.

  • 11.2 If you do receive any Confidential Information then you must safely return that to us or securely destroy it if we ask you to.

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Intellectual property

  • 12.1 The Intellectual Property Rights in all New Materials shall belong to us.

  • 12.2 You agree, at no charge to us, to transfer to us all existing and future Intellectual Property Rights in all New Materials so far as the law permits. If those rights do not automatically transfer to us you will hold the legal title in those (where required) on trust for us until those are transferred, and will provide us with all assistance required to transfer those.

  • 12.3 You confirm that no third party owns the Intellectual Property Rights (or any part of those) in any New Materials.

  • 12.4 You agree to indemnify us (in other words, compensate us) and keep us indemnified against all or any costs, claims, damages or expenses incurred by us, or for which we may become liable, with respect to any intellectual property infringement claim or other claim relating to the New Materials.

  • 12.5 You will waive any moral rights that you may have (even in the future) in relation to New Materials. Moral rights are the rights of you, as the author of the New Materials, to be identified as the author of those and/or to object to how we may use the New Materials.

Section H - liability under this agreement

13

General provision

  • 13.1 Nothing in this agreement excludes or limits your or our liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

14

Your liability to us under this agreement

  • 14.1 You agree to reimburse us, and any of our Group Companies, for any foreseeable loss or damage that we may suffer as a result of you breaking the terms of this agreement. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

15

Our liability to you under this agreement

  • 15.1 Subject to paragraph 13.1, and the remainder of this paragraph 15, our entire liability to you arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the greater of: (a) £3,360; or (b) a sum equivalent to the aggregate fees paid or payable to you by us under this agreement.

  • 15.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with this agreement, including arising under or in connection with:

      (a) use of, or inability to use, the Peertutor App; or

      (b) use of or reliance on the Documentation or any content displayed in the Peertutor App.

Section I - general points for you to be aware of

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Nature of our relationship

  • 16.1 The relationship between us is that of independent contractor. Nothing in this agreement shall render you an employee, worker, agent or partner of ours, and you must not therefore hold yourself out as such.

  • 16.2 We are not obliged to provide you with references, but if we do agree to provide you with a reference, that will accord with our standard policy on giving references.

  • 16.3 This agreement is a contract for the provision of services and not a contract of employment. You will therefore be fully responsible for and shall indemnify us or any Group Company for and in respect of:

      (a) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Tutoring Services, where the recovery is not prohibited by law. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim [other than where the latter arise out of your negligence or wilful default]; and

      (b) any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the you against us arising out of or in connection with the provision of the Tutoring Services, except where such claim is as a result of any act or omission by us

17

Methods of communication between us

  • 17.1 Any notice or other communication given under this agreement must (unless otherwise stated) be given by you to support@peertutor.com or by us to the email address that you have used to register for your Peertutor App account. Unless proven otherwise, any such notice or other communication shall be deemed received at the time of sending.

18

Other general points to note

  • 18.1 This agreement sets out the entire agreement between us in relation to the Tutoring Services, notwithstanding anything else that we may have discussed or agreed beforehand. You therefore acknowledge that, when entering into this agreement, you have not relied upon any statements or similar that are not set out in this agreement.

  • 18.2 This agreement may be varied but only if both parties agree.

  • 18.3 You agree that us, and any Group Company may enforce this agreement against you where relevant. Only you can enforce this agreement against us.

  • 18.4 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any other person.

  • 18.5 This agreement, and any disputes or claims in relation to it shall be governed by the laws of England and Wales and dealt with by the courts of England and Wales.