Terms and Conditions
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This is where you'll find information about how we protect your privacy, IQBar's terms of service and how we handle user accounts. If you still have questions, please contact:email@example.com
The following section contains and explains the following:
ii. Tutor Policy
Terms of Service
UGC means user generated content provided, uploaded, embedded or otherwise displayed and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include but are not limited to, the Tutor’s profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site.
By using any of the Services and the Site, You expressly agree to be bound by this Licence and all applicable laws and regulations governing the Site and the Services. The Licence forms a legally binding agreement between You and IQBAR in relation to Your use of the Site and/ or the Services and applies to all users of the Services whether registered or not on the Site and who may also be contributors of UGC posted on the Site.
You should read the Licence carefully and ensure that You understand the effect before proceeding to use the Site and/ or the Services. If You disagree with any part of the Licence, do not use the Site for the purpose of the Services. If You violate the Licence, IQBAR may terminate Your use of the Site, bar You from future use of the Site, and/or take appropriate legal action against You. IQBAR reserves the right to change the terms of this Licence at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that IQBAR will treat Your use of the Site and/ or the Services as acceptance of the terms of this Licence going forward including Your continued use subsequent to any changes being posted on the Site.
When using the Site and the IQBAR Services, You grant IQBAR and the Client the IP Licences set out in Your Tutor Policy respectively.
2. IQBAR’S CONTENT ON THE SITE
With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site is either owned by or licensed to IQBAR (‘Content’), and is subject to copyright, trade mark rights, and other intellectual property rights of IQBAR and IQBAR’s licensors. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of IQBAR or, where applicable, IQBAR's licensors. IQBAR and its licensors reserve all rights not expressly granted in and to their Content.
3. COPYRIGHT LICENCE
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, users who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing user’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access the Site prior to that time if We believe that the alleged infringement has occurred.
You agree to provide true and accurate information when using the Site. You may NOT use another person's email address, Account details or the name of another individual when using this Site and agree to notify IQBAR immediately of any unauthorised use of Your email or any other breach of security. Although IQBAR cannot monitor the conduct of users off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
5. PERMITTED USE OF THE SITE
You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding Site images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal non-commercial use.
6. GENERAL RESTRICTIONS ON USE
IQBAR grants You permission to access and use the Site and the Services subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of this Licence on Your part. You agree:
(a) not to sell, license, rent, distribute or otherwise exploit any UGC or Content for any other purposes without the prior written consent of IQBAR or the respective licensors of the UGC or the Content;
(b) not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Site or the Services, including but not limited to any UGC or Content, in any medium without IQBAR's prior written authorisation, unless IQBAR makes available the means for such activity through functionality offered by the Services;
(c) not to alter or modify any part of the Site or any of the Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) not to access UGC or Content through any technology or means other than the Site itself or such other means as IQBAR may explicitly designate for this purpose;
(e) not to access or attempt to access the Accounts of other Clients or Tutors or penetrate or attempt to penetrate IQBAR’s security measures;
(f) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Services or the UGC or Content accessible via the Service;
(g) not to use any area of the Site or the Services for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Services. We reserve the right to block access to this Site, or to cancel a reservation in respect of one or more pre-booked Tutorials with respect to any person who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms, or infringing IQBAR’s rights. Breaching any terms on the Site will be deemed to be a breach of these Terms;
(h) not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(i) not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any user of the Site or the Services; and
(j) not to attack our Site via a denial-of-service attack or a distributed denial-of service attack.
7. PROHIBITED CONTENT
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:
(a) is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(e) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(f) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and,
(l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
8. PRIVACY AND CONFIDENTIALITY
9. AVAILABILITY AND SECURITY OF THE SITE
9.1 IQBAR does not warrant the validity and accuracy of information on the Site or the Services or that the Site is kept up-to-date. The Site and its content and the Services are delivered on an "as-is" and "as-available" basis. IQBAR shall use reasonable endeavours to ensure that the Site, the Services and any information it holds on You are kept secure. However, due to the nature of the internet, IQBAR does not represent or warrant to You that:
(a) Your use of the Site and/ or the Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
(b) Your use of the Services will meet Your requirements;
(c) any information obtained or downloaded by You as a result of Your use of the Services will be accurate, reliable or free of viruses or contamination or destructive features;
(d) Your shared UGC will not be used by a third party in various ways;
(e) there will not be any defects in the operation or functionality of any software provided to You as part of the Services; and,
(f) those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
10. HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and IQBAR does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another site, You agree and understand that You may not make any claim against IQBAR for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. IQBAR advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.
11. SUSPENSION AND TERMINATION
11.1 You acknowledge that IQBAR has no obligation to monitor any UGC or other Content provided by third party users. You further understand and agree that in IQBAR's sole discretion, and without prior notice, IQBAR may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if IQBAR believes that the UGC You provided has violated or is inconsistent with this Licence or violated the rights of IQBAR or another IQBAR Member. Notwithstanding this, You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.
11.2 IQBAR may release user information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.
11.3 You agree that monetary damages may not provide a sufficient remedy to IQBAR for violations of this Licence and You consent to injunctive or other equitable relief for such violations.
11.4 You acknowledge and agree that to improve the Site and/ or the Services, IQBAR may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at IQBAR's sole discretion, without prior notice to You.
12. YOUR WARRANTIES
12.1 You represent and warrant that:
(a) You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable IQBAR to use or display Your UGC in the manner contemplated by the terms of this Licence;
(b) You are happy to share Your UGC with other Clients and/ or Tutors as the case may be who access and/ or register on the Site to the extent required for the Services to be delivered as intended;
(c) You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for IQBAR to use or possess in connection with the provision of the Interactive Services;
(d) the UGC that You submit to the Interactive Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant IQBAR the licence referred to in clause 1 above;
(e) You will comply in particular at all times with clauses 4, 5, 7 and 8 of this Licence relating to Conduct, General Restrictions on Use, Prohibited Content and Privacy and Confidentiality; and,
(f) You will keep Your IQBAR Login details secure and confidential.
13.1 You agree that You are solely responsible for any breach of Your obligations under the Licence and for the consequences of any such breach.
13.2 You agree to indemnify and hold IQBAR harmless from any loss, liability, claim or demand, including reasonable legal fees, incurred by or asserted against IQBAR, arising out of or in connection with
(b) any breach by a third party arising out of Your use of the Site and/ or the Services or by Your acts or omissions, including also Your use of the Site and/ or the Services to provide a link to another website or to upload UGC or other information to the Site (unless You have a formal licence or permission from the rightful copyright owner, or are otherwise legally entitled, to post the UCG in question and to grant IQBAR and the Tutor and/ or the Client the licences); and,
any breach resulting from Your non-authorised use, creation (and modification) of a Tutorial Recording on or off the Site.
14.1 Nothing in this clause 15 shall exclude or restrict IQBAR’s liability for:
(a) fraudulent misrepresentations;
(b) any liability where the law does not permit such exclusion of liability; and,
(c) death or personal injury arising from negligence.
14.2 IQBAR shall not be in breach of any of its obligations under this Licence which arises or occurs due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Licence.
14.3 Subject to clause 15.1, IQBAR shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Site and/ or the Services or, any loss or damage which may be incurred by You as a result of:
(a) any breach by You of this Licence or breach of warranty by You or the acts or omissions of You including Your use of or inability to use the Site and/ or the Services in accordance with the terms of this Licence;
(b) any reliance placed by You on the completeness, accuracy or existence of any advertising;
(c) any changes which IQBAR may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(d) the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Services;
(e) the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and
(f) the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site and/ or the Services.
14.4 The limitations on IQBAR’s liability to You in this clause 15 shall apply whether or not IQBAR has been advised of or should have been aware of the possibility of any such losses arising.
14.5 Except as expressly set out in this Licence, IQBAR gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
14.6 You agree that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Other Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the other users (“User”) from whom such Other Content originates and You shall indemnify and keep IQBAR indemnified against any claim arising from the Other Content posted by You or from Your Account.
14.7. The Site provides unfiltered access to Other Content. You agree that IQBAR is acting only as an intermediary and that IQBAR shall have no liability related to Other Content posted on the Site, whether arising under IQBAR property laws, libel, privacy, obscenity, or otherwise. IQBAR cannot, nor does IQBAR undertake any obligation to, control the Other Content that is posted. By its very nature, the information and Other Content on the Site is changed frequently, may be inaccurate and in some cases may be wrongly or deceptively labelled. IQBAR does not make any representation or give any warranty, express or implied, as to the accuracy, timeliness, or completeness of such information or Other Content, nor does IQBAR undertake to verify, update or correct such information (including in particular, the identity of the Users) . IQBAR recommends that You independently verify all information You obtain from the Site. IQBAR does not make any representation or give any warranty, express or implied, regarding any postings or requests by Users. You agree that any agreement between You and any other User shall be on the terms negotiated and agreed by You and that other User using these terms only as a framework and any Licence shall be entered into at Your own risk
15. ENTIRE AGREEMENT/ SEVERABILITY
This Licence shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without IQBAR’s prior written consent. IQBAR reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as IQBAR or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
17. NO WAIVER
Failure by either IQBAR or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
18. THIRD PARTY RIGHTS
You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
19. LAW AND JURISDICTION
All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the non-exclusive jurisdiction of the English Courts.Back to top
1. YOUR AGREEMENT WITH IQBAR LIMITED
These Tutor Terms govern the activities of Tutors in relation to Your use of the Site and the IQBAR Services. By using the Site and the Services, You accept these Tutor Terms in full. IQBAR reserves the right to change the terms relating to these Tutor Terms (or any part) at any time, effective immediately upon posting on the Site. By using this Site you agree that the posting of new or revised Terms on the Site shall constitute adequate constructive notice to You of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the IQBAR Services. If You disagree with any part of the Tutor Terms, do not use the Site or the IQBAR Services.
Unless the contrary intention appears, the following definitions shall apply:
Account means the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the Services via Your IQBAR Login.
Additional IQBAR Creditsmeans the free Tutorial(s) awarded by IQBAR to the Student at IQBAR’s sole discretion. IQBAR shall be responsible for the Tutor Fees on behalf of the Student or Client in relation for the Additional IQBAR Credits.
Available Timerefers to specific hours in UK time during which Tutors are able to work online as a Tutor, You can manage Available Time via Time Sheet Manager. IQBar is not obliged to payment of Available Time, payment are made on hours upon which there is successful completion of Tutoring Services.
Booked Timerefers to Available Time that has been booked by Client or Student; Tutors are obliged to provide Tutoring Services to the Client promptly at the Booked Time, unless either party has cancelled the Tutorial.
Buddy Ladderrefers to the algorithm used to match client rating to tutor level, and to be used in determining the rate You are paid.
Cancellation Feesrefers to fees charged as a result of cancellation of booked Tutorial by You, conditions applied. Such shall be deducted from your IQBar Wallet.
Cancelled Timerefers to the Booked Time that has been cancelled by Tutor. Such Cancelled Time shall not be show up as Available Time on the Time Sheet Manager.
Client means a person contacting IQBAR with a view to directly entering into a formal contractual relationship with a Tutor for the provision of Tutoring Services, whether that be the Student or (if under eighteen (18)), the Student's Sponsor.
Client Feesmeans the amounts collected by IQBAR from Client on behalf of the Tutor for the Tutoring Services.
Client Ratingsmeans the ratings left by a Client on the Site in response to the performance of the Tutoring Services by a Tutor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
Confidential Informationmeans any information which is imparted or obtained under this Agreement by IQBAR to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of IQBAR including, but not limited to information pertaining to Clients, logging in, Client Ratings or other feedback, IQBAR correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of IQBAR which might reasonably be considered to be confidential in nature.
Contract means the period during which, and the terms upon which, You provide Tutoring Services for any one Client as agreed between You and the Client via the Site.
Current Accountmeans Your bank account which will accept payments by BACS, details of which shall be provided separately to Us.
Data Protection Legislation the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Dispute means any dissatisfaction expressed by a Client or any complaint made by a Client or any other dispute or potential dispute or claim of a Client in connection with the provision of the Tutoring Services rendered by You (or the provision of the IQBAR Services which is communicated to You).
Intellectual Property Rightsall patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
IQBAR Walletrefers to the online electronic wallet which holds and records the credit and debit of the Tutor Fees, balance of which is settled monthly.
IQBAR Loginrefers to Your unique username and password.
IQBAR Servicesincludes the provision of an online platform whereby the website IQBAR provides shall be treated as an intermediary that enables Clients to contact Tutors and for Tutors to advertise their Tutoring Services. For the avoidance of doubt, IQBAR Services will not include any Tutoring Services but shall include maintaining a database of Tutors, Students, back office support including customer services, billing, website and IT services.
IQBAR Toolsrefers to the minimum requirements for carrying out the Tutoring Services via the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
Lossesmeans any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Materialsrefer to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
PoCA Listrefers to the Protection of Children Act.
PoVA Listand List 99 refers to the Protection of Vulnerable Adults scheme.
Recordings refer to the recording of any Tutorial.
Selection Criteriameans the selection criteria as set out on the Site from time to time.
Selection Processrefers to the process determined by IQBAR from time to time whereby Tutors may be selected to provide Tutoring Services to Clients by accessing and using the Site and the IQBAR Services.
Review refers to the written feedback, comment or suggestion Tutor completes for the Client within 10 days following Tutorial.
Sitemeans a website owned and/or managed by IQBAR from time to time including www.iqbar.co.uk.
Sponsormeans the individual contracting on behalf of the Student with IQBAR and the Tutor for the provision of the IQBAR Services and the Tutoring Services, specifically a Parent/ Guardian/ Carer or other person (or the Sponsor and the Student may be one and the same person if the Student is over eighteen (18) years old) with responsibility for themselves and for the payment of the Client Fees to the Tutor.
Studentmeans a person receiving the Tutoring Services via the Site as performed by You.
Term of Engagementas defined in clause 13.1.
Time Sheet Managerrefers to the online calendar upon which You manage Available Time, bookings, completed and cancelled tutorials.
Tutormeans a registered tutor who has been selected to carry out the Tutoring Services by way of delivering Tutorials.
Tutor Bank Accountmeans the bank account You provided, to which the Tutor Fees will be transferred.
Tutor Feesmeans the Client Fees less the fees payable by the Tutor to IQBAR for the IQBAR Services, and less any amount in Dispute which shall be dealt with in accordance with clauses 7 and 16 and/or less any amount which is deducted for any cancellations by the Tutor in accordance with clause 9, The net balance of such Tutor Fees shall be payable to the Tutor monthly in arrears in accordance with clause 7.
Tutorial(s)refers to the online pre-booked tutoring session which is booked by a Client via the Site.
Tutoring Servicesmeans the provision of online tutoring by the Tutor to the Client by way of individual Tutorials in real-time, suitably tailored to meet the individual requirements of the Students.
UGCmeans user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Tutor for the purposes of carrying out the Tutoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by IQBAR and a Client.
VATmeans value added tax chargeable under English law for the time being and any similar additional tax.
Written Noticemeans any notice given under this Policy and/or the Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, or by email or by sending it by pre-paid recorded delivery or registered post to the relevant party at (in the case of the Tutor) its address submitted during the Selection Process and (in the case of IQBAR), the registered address.
3. BECOMING A TUTOR
3.1 To be entitled to become a Tutor via the Site by making use of the Site and the IQBAR Services, You agree that these Tutor Terms apply to that use in full. It is in IQBAR’s absolute discretion to decide if You qualify (or continue to qualify) as a Tutor upon successful completion of the Selection Process. You will first register on the Site and complete an online application form, which include providing a short resume, your photo ID and a brief self-promotional video. IQBAR may notify you of further action required for the Selection Process. If successful, You will complete a further registration by providing details of Your Current Account.
3.2 In order to provide You with maximum protection, during registration, You will be asked to input Your username (which will be Your personal email address) and to choose a password to access your Account on the Site in accordance with these Tutor Terms. You will keep Your password relevant to the Site and the Tutoring Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your IQBAR Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify IQBAR immediately by email at firstname.lastname@example.org of any unauthorised use of Your Account of which You become aware (with ‘IMPORTANT – PASSWORD’ in the subject line).
3.3 Once a Tutor has been selected to provide the Tutoring Services via the Site and has a secure IQBAR Login, the Tutor can benefit from full use of the Site and the IQBAR Services. The IQBAR Services includes the provision of an online platform i.e. a website whereupon IQBAR provides an online marketplace for Clients to contact Tutors and for Students to come and work together subject to Contract. The Site enables Tutors to independently build up a professional Tutor profile and to promote their Tutoring Services on a freelance self-employed basis to Students who in turn, can choose their preferred Tutor to deliver Tutorials tailored to their individual requirements.
3.4 IQBAR reserves the right to suspend or terminate Your ability to render Tutoring Services at any time and for any reason without liability to IQBAR and without any minimum notice period to You. Where terminated, Your IQBAR Login and Account shall be deactivated. IQBAR reserves the right to terminate your Account and Login after a continuous period of inactivity of at least three (3) months . Once terminated, You will no longer be permitted to deliver Tutoring Services via the Site. You will not be permitted to re-access the Site and the IQBAR Services without IQBAR’s express written permission.
4. TUTOR OBLIGATIONS
4.1 When You make use of the Site and the IQBAR Services and when You provide Tutoring Services to Your Students, You must comply with any operational requirements as directed by IQBAR and as amended from time to time and in accordance with these Tutor Terms. You further and specifically agree to:
(a) provide IQBAR with Your Current Account details which must be a UK current account and held in the Tutor’s single name only;
(b) provide further Tutorial(s) (where applicable) to provide feedback to the Client and correct any defective work highlighted following a Dispute investigated by IQBAR at no cost to any other party except You;
(c) assume all responsibility for Your role as Tutor and for the provision of Tutoring Services to the Client which includes the preparation and content of Tutorials;
(d) confirm all bookings made by Clients via the Site as Booked Time which You will be notified and reminded about via Your Time Sheet Manager and personal email. You should commence Tutorials promptly unless notified by IQBAR that a booking has been cancelled by the Client. You acknowledge that IQBAR cannot be held responsible for any costs or time incurred for any notification has been given to You, howsoever and whensoever given;
(e) obtain, use and maintain in good working order Your IQBAR Tools required for You to access and carry out the Tutoring Services in accordance with clauses 5.3, 5.4 and 5.5. Any problem concerning a technical issue regarding a Tutor’s personal computer or internet service provider is not the responsibility of IQBAR. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
(f) advise IQBAR at the earliest opportunity should Your circumstances change in relation to Your access to IQBAR Tools. You accept full responsibility for any Client Disputes raised as a result of issues connected to the performance of your IQBAR Tools affecting the performance of Your Tutoring Services provide the Tutoring Services with all due care, skill and ability and in a timely manner and in the best interests of the Client;
(g) provide the Tutoring Services in accordance with the Client’s legitimate instructions and devote as much time to the provision of those Tutoring Services as may be necessary for their proper performance;
(h) provide promptly and give to the Client all such information as they may reasonably require in connection with the provision of the Tutoring Services;
(i) act at all times in accordance with the highest professional standards;
(j) only accept Booked Time and give information within Your sphere of abilities and competency;
(k) notify IQBAR immediately should You become incapacitated in any way and unable to provide the Tutoring Services. IQBAR will cancel the booking for you, Cancellation Fee applies, and notify any Client concerned. Depending on the circumstances, IQBAR and Tutor shall compensate the particular Client affected;
(l) use all reasonable endeavours to ensure timely commitment to Booked Time at all times;
(m) be responsible for all service, telephone and/or other fees and costs associated with Your access to and use of the IQBAR Services;
(n) procure, maintain and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to and use of the IQBAR Services;
(o) ensure that you are aware of IQBAR’s policy for Cancelled Time and agree that such Cancelled Time shall not be show up as Available Time on the Time Sheet Manager ;
(p) agree that any dispute between You and Your Student(s) shall be governed by the Law of the People’s Republic of China and any disputes arising between You and Your Student(s) are subject to the exclusive jurisdiction of the Courts of the People’s Republic of China.
(q) ensure that any information provided by You to IQBAR remains true, accurate, up-to-date and complete at all times during the Term of Engagement.
4.2 You are solely responsible for content or any other information or material You post on the Site or link to or otherwise cause to be uploaded to the Site or provide to Clients ("Your Content"), and You agree that IQBAR is acting only as a passive intermediary for the IQBAR Services. IQBAR reserves the right (but has no obligation) to take any action with respect to Your Content if IQBAR is of the opinion that it could create any liability for Us or might cause the loss of service from our internet service providers or cause us any other loss (including loss of business opportunity). You represent and warrant that Your Content:
(a) shall not infringe any Intellectual Property Rights or other proprietary right or right of publicity or privacy;
(b) shall not violate any law or regulation;
(c) shall not be defamatory;
(d) shall not be obscene;
(e) shall not include false, misleading or inaccurate information about You or any Accommodation nor any personal information about any other identifiable individual; and
(f) shall not contain any viruses, key loggers, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or take control of any system (or any part thereof), data or personal information.
4.3 You hereby agree to indemnify and keep IQBAR indemnified against all claims, losses, costs, expenses, liabilities or obligations arising as a result of any breach of this clause 4 by You.
4.4.IQBAR may, in our sole discretion, edit, remove or delete any Content that You may post or submit to the Site and, in particular, IQBAR reserves the right to control the final appearance and functionality of the Site, which may involve the amendment, reformatting and/or editing of such Content. You agree and undertake to release IQBAR from any liability for any loss or damage resulting from the exercise of these rights and You confirm that You have not and shall not assert any moral rights in relation to Your Content.
5. IQBAR OBLIGATIONS
5.1 In consideration of payments from Tutors for the IQBAR Services, IQBAR agrees to:
(a) provide the IQBAR Services with all due care, skill and ability and in a timely manner;
(b) devote as much time to the provision of the IQBAR Services as may be reasonably necessary for their proper performance;
(c) provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the IQBAR Services.
5.2 As an online service, IQBAR may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. IQBAR makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the IQBAR Services.
5.3 You are solely responsible for validating the interoperability and proper functioning of the IQBAR Tools during the Tutorial and for undergoing troubleshooting where necessary.
5.4 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the IQBAR Services. IQBAR will use reasonable endeavours to make the IQBAR Services available to all Tutors and Clients and you shall provide your full cooperation. Where this is not possible for any reason whatsoever to successfully validate and access the IQBAR Services, IQBAR shall not be responsible nor liable to You relating to Your inability to access the IQBAR Services in whole or in part including but not limited to:
(a) resultant feedback (echos), audio break-ups, video or sound delays;
(b) Your failure to use and configure the prescribed headset and microphone; and/or
(c) Your failure to at least meet the minimum system requirements.
5.5 You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during the delivery of the Tutoring Services due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Tutoring Service shall continue without video and confirm that this is acceptable to You in all circumstances.
6. CLIENT FEES, TUTOR FEES AND IQBAR PAYMENTS
6.1 Tutor authorises IQBAR as its agents to accept any credit or debit cards or other forms of payment approved by IQBAR in connection with the provision of the Tutoring Services via the Site including Paypal, Mastercard, Visa and Maestro debit cards on the Tutor’s behalf.
6.2 Tutor irrevocably authorises IQBAR to charge and collect on behalf of Tutor, the face value of Tutoring Services from Clients. IQBAR holds all Client Fees (which will be based on the number of un-Disputed and completed Tutoring Services refer to clause 10.4) for the Tutor in a dedicated bank account until Tutor Fees are due to the Tutor and IQBAR is entitled to retain the full amount of IQBAR fees it charges to Tutor in consideration for the IQBAR Services provided that the balance being the Tutor Fees shall be transferred to Tutor Bank Account monthly in arrears.
6.3 All costs relating to Tutorials are reviewable by IQBAR and any revised fees and charges shall take effective immediately upon posting on the Site and will be applicable to all bookings made after such posting.
6.4 You confirm that You are self-employed under these Tutor Terms, and You are directly responsible to HMRC for all matters regarding Income Tax, VAT and relevant National Insurance contributions. It is therefore necessary for You to keep records of payments made to You by way of Tutor Fees for completion of annual Tax Returns. You hereby agree to fully indemnify IQBAR for or against all and any demands by HMRC to IQBAR for Income Tax, VAT or National Insurance, or any other claim by HMRC, including any interest or penalties, arising out of Your failure to account properly or at all for any liabilities to HRMC arising from Your Tutoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by IQBAR in dealing with any such claim by HMRC.
7.1 IQBAR Limited ( Company Number: 09950321) shall pay to Tutor an amount equal to the balance of Your IQBar Wallet within 5 working days after the last day of each calendar month, provided that the balance of the IQBar Wallet is not in any way in Dispute and have been dealt with in accordance with paragraph 10.4.
7.2 In response to a Dispute, if any cancellation or rescheduling by the Tutor occurs, IQBAR will be entitled, in its sole discretion to refund the Client Fees to the Client on behalf of the Tutor in full or in part. In such circumstances, the Tutor will receive either no Tutor Fees or only part of the Tutor Fees respectively and in proportion to the refund.
7.3 If any cancellation or rescheduling by the Tutor occurs subsequent to the Tutor receiving the Tutor Fees from IQBAR, IQBAR shall be entitled to withhold sufficient monies and offset any amounts payable to Tutor by IQBAR under this Agreement from any gross Tutor Fees collected by IQBAR thereafter to enable IQBAR to refund the relevant Client Fees to the Client on the Tutor’s behalf. The Tutor irrevocably authorises IQBAR to repay all and such monies to the Client at IQBAR’s sole discretion. The Tutor shall be responsible for all chargebacks and/or refund requests on Tutorials performed and shall indemnify IQBAR against all Losses resulting from chargebacks and/or refund requests.
7.4 Tutor authorises IQBAR to issue all invoices internally for all the IQBAR Services until revoked and acknowledged in writing. IQBAR shall be entitled to make any settlement payment to Tutor to the Tutor Bank Account by BACS
7.5 If either party fails to make any payment due (and undisputed) under this Agreement within ten (10) days post the due date for payment, the other party shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% (two per cent) above the base rate per annum from time to time of Barclays Bank plc.
7.6 For the avoidance of doubt, Tutor Fees shall not be affected where IQBAR has provided Sponsor with Additional IQBAR Credits to redeem against Tutoring Services and such Additional IQBAR Credits are redeemed by Sponsor. For the avoidance of doubt, any redemption of such Additional IQBAR Credits shall be treated and calculated in the same way as the Tutor Fees, save for the fees for the Tutorial(s) usually paid for by IQBAR on behalf of the Client to the Tutor shall be paid for by IQBAR to the Tutor with regards to any Additional IQBAR Credits.
8. INTELLECTUAL PROPERTY
8.1 When using the IQBAR Services to deliver the Tutoring Services, if You publish any UGC via the Site by way of e.g. delivering Tutorials, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically irrevocably grant:
(a) to IQBAR, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-licence) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the IQBAR Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Tutor Services and/or IQBAR Services (and derivative works thereof) in any media formats and through any media channels;
(b) to each user of the Site and/or Tutor Services and/or IQBAR Services whether registered as a Tutor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free licence to access Your UGC through the Site and/or Tutor Services and/or IQBAR Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Tutor Services and/or IQBAR Services and under the terms of this Agreement.
8.2 ‘Publicly accessible’ areas of the Site are intended by IQBAR to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not. You acknowledge that the UCG uploaded by You to create Your Tutor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.
8.3 You acknowledge that all Tutorials that You deliver may be recorded and You agree to the storage and use of such Recordings by IQBAR. You hereby agree to waive any and all moral rights in and to all UGC.
8.4 You agree that any UGC You use in the performance of Your Tutoring Services will not contain any third party Intellectual Property Rights, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licences referred to in clause 8.1a and 8.1b. You shall indemnify IQBAR against all Losses resulting from breach of any third Part Intellectual Property Rights.
8.5 All Intellectual Property Rights in all Materials produced by You pursuant to using the IQBAR Services shall be Your property. For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including any communication, by any Students or Tutors.
8.6 The Intellectual Property Rights contained on the Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without IQBAR’s written permission. You acknowledge that all Intellectual Property Rights in and relating to IQBAR are owned by IQBAR or IQBAR’s Licensors.
9. CANCELLATIONS, NO-SHOW
9.1 Booked Times may be cancelled by either party at any time in writing and in advance of the Booked Time, subject to the terms of our cancellation requirements. For the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’), the Client agrees to waive their statutory cancellation rights once payment of the Client Fees have been received by IQBAR. Any cancellation shall be in accordance with the required notice period and fee penalty requirements according to IQBAR’s cancellation policy from time to time which shall be available upon request.
9.2 In the event of no-show by the Client without having cancelled, Your Tutor Fees shall be paid to You in full.
9.3 In the event of no-show by You without having cancelled, IQBAR will be entitled, in its sole discretion to refund the Client on behalf of the Tutor in full, and You will be charged the full amount for that Tutorial in accordance with clause 7.2.
9.4 If You fail to turn up for a Tutorial at a Booked Time and without prior cancellation in accordance with our cancellation requirements, and/or if such failure is repeated, We reserve the right to terminate all agreements and engagements between You and IQBAR at any time and in accordance with clause 13. All such failures shall be noted on our records. .
10. CLIENT RATINGS, FEEDBACK AND OTHER ACTIVITIES
10.1 It is a feature of the Site and the IQBAR Services that IQBAR shall procure that the Clients Policy will make sure that the Client will leave Client Ratings in order to determine Buddy Ladder.
10.2 Where deemed necessary, IQBAR is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Tutor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time. Whether such feedback is complimentary or more akin to a Dispute, IQBAR will have full discretion as to whether they inform the other of such feedback. Where deemed necessary, IQBAR is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, IQBAR is entitled to suspend or terminate Your Account or revoke the licence granted to the Tutor herein to use the Site and the IQBAR Services by termination under clause 13.
10.3 During the last five (5) minutes of a Tutorial, You shall start completing Review for a Client (which a Client will be able to access via their Account)
10.4 Tutorials are only treated as un-Disputed and completed Tutoring Services after if a complaint or Dispute has not been received within 10 days of the Tutorial.
10.5 Nothing in this Agreement shall prevent the Tutor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Tutor's obligations under this Agreement.
11. DATA PROTECTION AND PRIVACY
11.2 The Tutor hereby agrees that by releasing any Personal Data as submitted by the Tutor on the Site, You acknowledge that You are wilfully providing Your Personal Data in an attempt to initiate contact with one or more potential Clients. You understand that by accepting these Tutor Terms, You agree that IQBAR and the Site are not responsible for any advice or information given by a Tutor who a potential Client elects to initiate communication with and that by releasing any of Your Personal Data, it is understood that You hereby forfeit Your privacy and anonymity under these Tutor Terms to the extent necessary to utilise the Services.
11.3 Use of the Site is entirely at a Tutor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering in to legally enforceable Contracts to provide Tutoring Services to a Client.
12. CONFIDENTIAL INFORMATION AND PUBLICITY
12.1 The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information. Each party shall, during the term of this Agreement and thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any Confidential Information which may become known to such party from the other party and which relates to the other party, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.
12.2 Confidential Information shall not include information that (i) is or becomes generally available to the public other than as a result of the breach of the confidentiality obligations in this Agreement by the receiving party, (ii) is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or (iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv) above, the source of such information was not known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.
12.3 The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party. On termination or expiry of this Agreement, You shall immediately return all Confidential Information in Your possession together with all copies thereof; or, if required to do so, destroy all Confidential Information in Your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to IQBAR that this has been done.
13.1 These Tutor Terms shall commence on the date you sign up to the Site and shall continue unless terminated:
(a) with immediate effect without compensation upon either party serving Written Notice on the other; or,
(b) upon the conclusion of the existing Contract if the Tutor is committed to an existing Contract without compensation and provided that IQBAR has no objections to the continuance of an existing Contract (‘Term of Engagement’).
13.2 IQBAR reserves the right to terminate this Agreement with You immediately without compensation nor Written Notice if You commit a breach of any of these Tutor Terms, or if:
(a) any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
(b) Your performance of the Tutoring Services is deemed by IQBAR in its sole discretion to be unsatisfactory;
(c) You act in any way that has brought, or could bring, IQBAR in to disrepute;
(d) You are convicted of a criminal offence or are the subject of any investigation, which may in IQBAR’s opinion affect your role as a Tutor;
(e) You are unable to carry out your duties for any reason whatsoever; or,
(f) You do not show up at a Tutorial without having cancelled it or You repeatedly cancel Tutorials.
13.3 In the event of any such termination, you will be entitled to receive payment from your client for all Tutoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination but IQBAR shall not be liable for any Losses incurred by You after the date of termination.
13.4 Either party can terminate immediately upon serving Written Notice on the other if the other:
(a) commits a material or persistent breach of its obligations and, in the case of a breach which is capable or remedy, fails to remedy it after being given seven (7) days Written Notice specifying the breach and requiring it to be remedied; or,
(b) is unable to pay its debts, becomes subject to an administration order or makes any voluntary arrangement or composition with its creditors, or an encumbrancer takes possession of or a receiver is appointed over the property or assets of the other party or the other party is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction of the business or, in the case of an individual, is declared bankrupt.
13.5 Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
14. WARRANTIES AND INDEMNITIES
14.1 As Tutor, You hereby warrant, represent and undertake to IQBAR that:
(a) You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Tutoring Services in the subject(s) You offer in Your profile on the Site;
(b) You are personally responsible for the information posted by You on the Site and submitted throughout the Selection Process which You state is accurate and up-to-date;
(c) Where Your profile claims that You have undergone a CRB/ DBS or enhanced CRB/ DBS check, You will provide us with a copy of such upon request;
(d) You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;
(e) You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Term of Engagement;
(f) You will comply with all the Tutor obligations set out at clause 4;
(g) You will only ever contact a Client via the Site;
(h) You agree at all times to comply with the provisions of the Data Protection Legislation;
(i) You shall not, without the prior written consent of IQBAR, at any time from the date of commencement of these Tutor Terms to the expiry of twelve (12) months after termination of these Tutor Terms (whereupon Your Account and IQBAR Login are deactivated):
(i) solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Client introduced to You by IQBAR;
(ii) cause (or in part contribute to causing) the circumvention or avoidance of the payment of any applicable fees to IQBAR, by entering into transactions direct with a person who is, or has been a Client introduced to You by IQBAR which results in the loss of actual or potential business opportunity or revenue for IQBAR or otherwise results in any form of financial return or considerations to, or for the benefit of, the Tutor thereby causing a detriment to IQBAR. In the event of IQBAR being circumvented, IQBAR shall be entitled to a legal monetary penalty equal to maximum considerations or applicable IQBAR Payments as reasonably determined by IQBAR plus any or all Losses incurred in recovering the lost revenue. The obligations contained herein shall continue without limit of time;
(iii) approach or entice (in any capacity) any customer of IQBAR;
(iv) employ or engage or facilitate employment or otherwise entice away from the company any senior “key employees” such as a director, manager, or other senior employees who could materially damage the Company if they were involved with a competitor; and/or
(v) represent themselves as connected with IQBAR in any capacity.
(j) in offering Your Tutoring Services via the Site, You are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
(k) You are not VAT registered and will not charge a Client VAT for Your Tutoring Services;
(l) You have read, understood and familiarised yourself with the Safeguarding Policies and Procedures in respect of child protection and online safety;
(m) You are not prevented from working with children and Your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).
14.2 The Tutor shall indemnify and hold harmless IQBAR (and any IQBAR Client as the case may be) on demand, and shall keep IQBAR (and any IQBAR Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:
(a) any breach of these Tutor Terms or breach of obligation or warranty by the Tutor or the acts or omissions of a Tutor (other than and to the extent that any losses arise directly from breach of these Tutor Terms by IQBAR or by IQBAR’s negligence); and,
(b) any and all claims, complaints or legal proceedings instigated by a Client against IQBAR.
15. LIMITATION OF LIABILITY
15.1 You agree that subject to clause 15.2, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the IQBAR Services. Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total IQBAR Payments earned by IQBAR in the six (6) months preceding the date on which the liability arose.
15.2 Nothing in these Tutor Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
15.3 For clarification, the IQBAR Services are primarily designed to be used within the territory of the United Kingdom and except as expressly set out in this Agreement, IQBAR gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
16.1 Negative feedback (rating of 1, 2 or 3 out of 5) reported to IQBAR by Clients via the Site may be investigated. The parties agree that they shall attempt in good faith to resolve any Dispute or claim promptly through negotiations between You and an officer of IQBAR. IQBAR will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Tutor via the Site within fourteen (14) days. IQBAR reserves the right to inform a Tutor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by IQBAR.
16.2 During the Term of Engagement, You must inform IQBAR immediately if You become aware of any Dispute or potential Dispute between an IQBAR Client and You and/ or IQBAR in connection with the provision of the Tutoring Services rendered by You.
16.3 You agree to cooperate fully with IQBAR in resolving any Dispute with a IQBAR Client.
16.4 IQBAR reserves the right to suspend Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed.
16.5 In the event of a Dispute prior to receipt of Tutor Fees, IQBAR reserve the right to withhold Tutor Fees in accordance with clause 7.3 until the Dispute has been resolved.
16.6 The consequence of any investigation instigated by a Client is entirely at the discretion of IQBAR.
17.1 Assignment:You shall not, without the prior written consent of IQBAR, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Tutor Terms. IQBAR may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Tutor Terms.
17.2 Enforceability:If any one or more of the provisions of these Tutor Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Tutor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
17.4 Status: The Tutor and IQBAR are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way. This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Tutor shall be fully responsible for any income tax, national insurance and social security contributions.
18. THIRD PARTY RIGHTS
User may enforce the Tutor Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Tutor Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
19. LAW AND JURISDICTION
All of these Tutor Terms are governed by English Law and any disputes arising in relation to the Tutor Terms, the Site or the Services are subject to the exclusive jurisdiction of the English Courts.Back to top
IQBar Limited, a company registered in England and Wales (No. 09950321) with a registered office at: 69 South County Hall, 1b Belvedere Road, London SE1 7GD, and/or IQBar (China) Ltd. Co., a company registered in the People’s Republic of China with company registration ID/number: 91110105MA003UGX7P herein referred to as ‘IQBAR’ or ‘We’ ) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is IQBar Limited, a company registered in England and Wales (No. 09950321) with a registered office at: 69 South County Hall, 1b Belvedere Road, London SE1 7GD, and/or IQBar (China) Ltd. Co., a company registered in the People’s Republic of China with company registration ID/number: 91110105MA003UGX7P. Our nominated representative for the purpose of the Act is Miss Cao Chenyang.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information that you provide by filling in forms on our site iqbar.co.uk and/or iqbar.net (our site).
This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services.
We may also ask you for information when you enter a competition or promotion sponsored by IQBAR, and when you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfilment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer/device.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our services.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing client, we will contact you only by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous supply to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about You will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
The cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
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