The following terms and conditions (“Terms”) apply to your use of Mentor Education and our introductory and other services relating to tutoring services including any website available via an online platform (“Platform”) which is owned and maintained by Mentor Education Limited. Actual and prospective tutors (“Tutors”) and actual and prospective users of tutors (“Clients”) have to use a third party to facilitate payments to the Tutors by the users of Clients.
Users (Tutors and/or Clients) are referred to in these Terms as “Tutors”/“Clients”. Please read these Terms carefully. By using Mentor Education you agree that you have read, understood and agree to these Terms (each as amended from time to time). If you do not agree to these Terms you must not use the either our Platform or use Mentor Education.
1.1 Mentor Education is a limited company registered in England and Wales (Company No. 08307460) whose registered office is Unit 6C Hillgate Place, London, England, SW12 9ER.
Should you have any questions about these Terms or wish to contact Mentor Education for any reason whatsoever, please contact Mentor Education by email at [email protected].
2.1 Mentor Education provide a service via by which clients can be matched with suitable tutors. This might include for 1-2-1 tuition or for groups classes. Users will comprise Tutors (including suppliers of such Tutor’s services such as personal service companies) and Clients.
Mentor Education may provide a service through which Tutors and Clients can connect with each other and where Mentor Education, on behalf of Clients can post assignment opportunities and search for and evaluate assignment candidates, and where Tutor candidates can post individual profiles and search for and evaluate opportunities for tutoring assignments (“Assignments”). Mentor Education may then match the Tutors to Assignments, according to suitability and then provides the Services of these Tutors to the Client (acting as a contractual intermediary between Clients and Tutors).
2.2 Mentor Education is, when providing the Mentor Education Service as a contractual intermediary via which the Tutor is paid, acting as an employment business. In relation to this
(a) the Client has the obligation to pay Mentor Education for the Tutor services and Mentor Education has the obligation then to pay the Tutor; and
additional terms and conditions will apply in relation to the Client’s relationship with Mentor Education where the Mentor Education introduces a Tutor for any Assignment to the Client.
2.3 Acceptance of these Terms imposes on Mentor Education no obligation to find work or assignments for Tutors or provide Tutors for Clients.
3.1 To enjoy the Mentor Education Service, where it involves an online/website service, you must register an account through the Tutoring Company Platform (“User Account”). This is currently Tutorcruncher, however, this may change with notice given. In doing so and otherwise when using Mentor Education, you agree to be bound by these Terms, which shall govern your use of Mentor Education’s services.
You are only eligible to register a User Account and otherwise use Mentor Education if, and by registering and creating a User Account you confirm that, you are over 18 years old, that you upload a current credit or debit card to our Platform, and all information that you use to register is accurate and up to date. It is your responsibility to keep all your information up to date.
3.2 On registering with us to use Mentor Education’s Service, you may be issued with a user name and password which must be used in order to access the our Platform. The user name and password are personal to you and are not transferable.
In order to use the Mentor Education you must, if requested, populate the member profile being an online or other record of information about you and your capabilities/requirements. You warrant and represent that all information provided on registration and contained in the member profile is, and continues to be, accurate and not misleading.
3.3 Any user name and password applicable to you are the methods used by us to identify you and so are very important. You are responsible for all information posted on the our Platform or otherwise provided to us by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
You may not adapt or circumvent the systems in place in connection with our Platform, nor access a Mentor Education Service other than through normal operations.
4.1 The Mentor Education Service may only be used by individuals (and suppliers of individuals) seeking assignments as Tutors and by Clients seeking the same.
Your use of the Mentor Education Service is subject to any other contracts (as mentioned above) that you may have with Mentor Education. If there is any other conflict or inconsistency between these Terms and the other contract(s) you have with Mentor Education the terms of your other contracts shall take precedence.
4.2 You agree to use our Platform and the Mentor Education Service only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use of Mentor Education’s service.
You are permitted to download and print content from our Platform solely for your personal use. Our Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without Mentor Education’s express written permission. You are not entitled to use the content of Mentor Education’s Platform for commercial exploitation in any circumstances, save for the purposes of assignments you receive through us.
4.3 Other education material shared outside of the platform, including course material, academic assessments, interview preparation material, assessment and mock assessment materials must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without Mentor Education’s express written permission. You are not entitled to use the content of Mentor Education’s Platform for commercial exploitation in any circumstances, save for the purposes of assignments you receive through us.
4.4 By using any Platform and/or Mentor Education’s Service, you agree not to:
(a) use the Platform, the Mentor Education Service, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise unlawfully discriminatory, objectionable or offensive (including in relation to discrimination laws relating to disability, sex, sexual orientation, race, age, religion or otherwise);
use the Mentor Education Service for any unlawful purpose or for the promotion of illegal activities;
(b) attempt to, or harass, abuse or harm another person or group;
use another person’s User Account without permission;
(c) provide false or inaccurate information when registering a User Account, using the Mentor Education Service or communicating with other users;
post any assignment where there is a risk to the health and safety of any Tutor;
(d) except where allowed by applicable law, post jobs which require the Tutor to provide information relating to his/her: (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age;
attempt to re-register with Mentor Education if we have terminated your User Account for any reason;
(e) interfere or attempt to interfere with the proper functioning of Mentor Education
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
(f) bypass any measures we take to restrict access to Mentor Education or use any software, technology, or device to scrape, spider, or crawl either the Platform or any other Mentor Education web facility or harvest or manipulate data;
use the communication systems provided by or contacts through Mentor Education for any commercial solicitation purposes; or
(g) publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
5.1 You are responsible for any content, messages, reviews, feedback or profiles (“User Content”) that you submit post or display on the Platform, or transmit to other users of Mentor Edication. You will not provide inaccurate, misleading, defamatory or false information onto the Platform or to any other user of Mentor Education, and all opinions stated as part of User Content must be genuinely held. You represent and warrant to us that you have the right and authority to post all information you post about yourself or others on the Platform.
By submitting, posting or displaying User Content on the Platform, you grant Mentor Education a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Mentor Education Service. Mentor Education reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion and shall comply with Data Protection Laws in relation to sensitive and personal information.
5.2 Mentor Education may review and remove any User Content that, in its sole opinion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the Mentor Education’s service. Mentor Edication reserves the right to prevent further access to the Mentor Education’s service for violating the Terms or applicable laws, rules or regulations.
Mentor Education does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users of Mentor Education’s Service nor does Mentor Education endorse any opinions expressed by users of Mentor Education’s Service.
6.1 Mentor Education may make available to Tutors available Assignments (including by posting on any Platform) from Clients, and Tutors can request these assignments on the Platform or otherwise as provided for by Mentor Education.
Contract formation for employment business Assignments: Where a Tutor has been Introduced to a Client and the Tutor and Client indicate or have indicated via the Platform or otherwise in such fashion as is from time to time specified by Mentor Education that:
(a) (in the case of the Tutor) the Tutor will undertake the relevant Assignment for the Client via Mentor Education (acting as a contractual intermediary and employment business), and
(in the case of the Client) the Client will engage Mentor Education to supply the services of the Tutor for the Assignment with the Tutoring Company acting as a contractual intermediary and employment business.
then you agree that a contract relating to an Assignment will be deemed to have been entered into:
(b) by you as a Client with Tutoring Company on our standard Client Contract terms
by you as a Tutor with Tutoring Company on our standard Tutor Contract terms.
7.1 By registering a User Account to use Mentor Education’s Service as a Tutor you consent to Mentor Education’s use of your information, including the passing of it onto third parties, so that so far as reasonably possible the accuracy of the information can be checked by or for Clients (“Tutor Checks”). Mentor Education will not seek your further consent prior to any person carrying out the Tutor Checks and you acknowledge that certain sensitive information may be included in the Tutor Checks. The information which Tutoring Company will collect is set out below:
|Tutor Check||How information is collected from Tutor|
|Experience and qualifications||Tutor provides details when filling in the online application form.|
|References||Tutor provides details when filling in the online application form.|
|Passport / ID/ Work Permit||Tutor brings the original document to the first interview with Tutoring Company and then Tutoring Company uploads the scans onto the User Account.|
7.2 As a Tutor, you commit to informing Mentor Education immediately if you are convicted or cautioned for any criminal offence which would appear on an enhanced DBS.
Mentor Education does not guarantee the accuracy to Clients of any information and the Client may request further verification from the Tutor regarding this information or the Tutor Checks.
7.3 Any additional checks the Client requires can be requested via any Platform or other system that Mentor Education may notify to the Client. These will be notified to the Tutor if and when they are requested.
8.1 While Mentor Education reserves the right in its sole discretion to remove User Content, assignment postings, CVs or other material from any Platform or other filing system it may use from time to time, Mentor Education does not assume any obligation to do so and to the fullest extent permitted by law, excludes any liability for failing to take any such action.
You agree that the Mentor Education Service is provided without warranty and we do not warrant or represent that the Mentor Education Service (including any Platform) will meet your requirements or that its operation will be uninterrupted or error free. We do not make any warranty as to the accuracy or reliability of any information obtained through the Mentor Education Service.
8.2 Any Platform may contain links to other websites. We accept no responsibility or liability for any material supplied or contained on any third party website which is linked from or to any Platform, or any use of personal data by such third party or any use by any person of any services provided by any such third party.
We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and our liability in these circumstances is limited as set out below.
(a) In no event shall we, persons who act on our behalf, and/or persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to these Terms (whether in contract, tort (including, without limitation, negligence) or otherwise):
any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings;
(b) any loss or corruption of data; or
any loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, any loss or damage caused by our breach of these Terms.
8.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to £2,000.
Nothing in these Terms shall exclude or limit our liability in respect of death or personal injury caused by negligence or fraud (including fraudulent misrepresentation) or any other liability which cannot by law be limited or excluded.
You agree to indemnify, defend and hold harmless Mentor Education and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by Mentor Education in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) the materials and content you submit, post or transmit through any Platform or otherwise supply to us, or (ii) your use of any Platform or the Mentor Education Service in violation of these Terms or in violation of any applicable law.
10.1 Mentor Education carries out activities which bring our Tutors and people working on behalf of our organisation into regular unsupervised contact with children and/or vulnerable adults. This includes providing tutoring and educational services in the students’ home and elsewhere. Mentor Education takes its responsibilities to safeguard and protect the interests of all young children very seriously. We have a full child protection policy on our website which indicates the way in which Mentor Education deals with such matters.
10.2 A supervising adult must be on the premises when our tutor visits on all occasions. This supervising adult must not leave during the period of the lesson. Should a Tutor arrive at your home and no supervising adult is present, they will refuse to conduct the lesson and leave.
10.3 Our Tutors are required to turn off all devices with a camera during their time in your home.
11.1 Mentor Education’s registration fee of £60 is payable by the Client once they tell Mentor Education they would like to proceed with tuition.
11.2 The billing process is under the control of Mentor Education and we will send the Client an invoice at the end of each calendar month. Payment should be made directly to Mentor Education Ltd within 7 days of the date of the invoice.
11.3 Clients should call Mentor Education if there have been any last minute or unpredicted changes to lessons during the month and we will amend the invoice straight away. Tutors shall be entitled to decline to attend Lessons where Tuition Fees are not paid.
11.4 Clients should not pay tutors for lessons.
11.5. Clients pay by clicking on the electronic invoice we send to you via email and entering your card details directly onto our Platform (Tutorcruncher). Mentor Education also accept payment by bank transfer. We do not accept cheques. Please always include the child’s name as reference for payment. Our bank details appear on all invoices and on our website and are as follows:
Account name: Mentor Education – Sort code: 600134 Account number: 51715112
12.1 Mentor Educations do not expect your child to be tutored when they are ill, or contagious, so please do cancel a lesson in such circumstances. Clients should contact their tutor in the first instance if they need to cancel.
12.2 If the Client’s cancel within 24 hours of a lesson, they will be charged the full rate unless the child is ill.
13.1 In consideration of Mentor Education Ltd providing Tutors with students, Tutors are not permitted to make private arrangements for tuition with clients introduced by Mentor Education or with new clients introduced by Mentor Education clients.
13.2 Should Tutors breach this obligation, they will be liable to account to Mentor Education for all sums received by you from the client/ new client without deduction and Mentor Education shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue notwithstanding termination of this Agreement.
13.3 Any work referred to a Tutor by a Client of Mentor Education must be billed through Mentor Education on your behalf. We give a referral fee to all Tutors who pass clients to us but Mentor Education must process the billing.
14.1 Tutors must ensure that you have entered all your lessons and agreed expenses onto our Platform (Tutorcruncher) prior to the end of each calendar month to ensure they are paid promptly. If lessons are not entered by the end of the calendar month they will not be invoiced to clients for a further calendar month resulting of a delay in payment to Tutors by a month. Payments will only be made to Tutors once the invoices have been paid by the client.
14.2 Tutors will not be paid directly by the client. Mentor Education sends an invoice to the client on the final day of each calendar month to cover all that month’s tuition. Our payment terms are 7 days.
14.3 Tutors must not accept any payment direct from the client under any circumstances. Should you do so, all sums received by you will be immediately payable to Mentor Education and shall be actionable through the Courts without further notice to you.
14.4 Tutors undertake to Mentor Education that they will duly pay tax and national insurance contributions which are due from you, whether in the United Kingdom or elsewhere, in relation to the payments to be made to you by Mentor Education under this agreement and further to indemnify Mentor Education in respect of all and any income tax or National Insurance which may be found due from Mentor Education on any payments made by you under this agreement together with any interest, penalties or gross -up thereon.
14.4 For the purpose of record keeping, Tutors will account for the full fees due from the student as income and the commission as expenditure. It is understood that you are not VAT registered. You must inform Mentor Education if this is not the case, or if this changes.
15.1 Mentor Education reserves the right, at its sole discretion, to immediately terminate your access to all or part of any Platform and the Mentor Education Service, to remove your User Account and/or any User Content posted by or about you, from any Platform, and/or to terminate your registration with the Mentor Education Service, with or without notice if Mentor Education determines that you are not eligible to use the Mentor Education Services or if you have violated any of these Terms.
15.2 Mentor Education reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the Mentor Education Service generally. These Terms will remain in full force and effect while you are a user of any Platform or a registered user of Mentor Education. Mentor Education reserves the right to close your User Account and terminate these Terms with you at any time by providing you with thirty days’ notice if Mentor Education ceases to provide Mentor Education Services in the United Kingdom. Mentor Education reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of inactivity. If Mentor Education terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the Mentor Education Service again, whether using the same or a different identity to that under which you were originally registered.
These Terms may be amended by us at our discretion from time to time and the latest version will always be available on any Platform or other communication system we notify to you. Any new version of these Terms shall take effect, and will govern the Mentor Education Service and your relationship with us: (i) immediately upon the date of posting on any Platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or (ii) no less than thirty days after the date of posting on any Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to us. Please make sure you check for updates to these Terms each time you use the Mentor Education Service.
17.2 The Tutor consents to Mentor Education and the Client:
processing the Tutor’s personal data for purposes connected with the provision or otherwise in contemplation of providing the Tutoring Services, such as the collation of reviews on the Tutor, contract administration; and for any purposes connected with the performance of this Agreement; and
exporting and/or processing the Tutor’s personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of this Agreement.
18.1 If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
18.2 Only you and Mentor Education shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 These Terms set out the entire agreement between you and us with respect to your use of the Mentor Education Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you.
18.4 These Terms are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the courts of England and Wales.