LAST UPDATED: 4th November 2022. Sections 4.14, 6.6 and 7 through to 7.9 have been updated to reflect changes to the Cancellation Policy. The changes are effective as of 18th November 2022.
1.1 The Tutorful website helps Students to find Tutors, Tutors to market their services, and for Students to book and pay for Lessons. All of these terms and conditions apply to Students and Tutors, unless they specifically state otherwise, or are marked with a "T", when they only apply to Tutors. Clause 5 only applies to Tutors. These terms and conditions replace any previous versions of them.
1.2 This website is owned and operated by Tutorful Ireland, Reg no: 692562, Reg'd address: Ground Floor, 71 Lower Baggot Street, Dublin, D02 P593 (“Tutorful”, “we”, “us” and “our”). Tutorful's other contact details are set out on the website which is at [https://tutorful.ie] (“Website”).
1.3 A User may register on the Website as a Student or as a Tutor. A User may use the Website without registering, but if a User does register, certain information will be stored, making future visits to the Website easier.
1.5 ("T") Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.
1.6 Certain words are defined in clause 16 (Definitions) of these terms and conditions and are capitalised throughout.
1.7 If you wish to contact us for any reason, you can do so by emailing us at email@example.com or by calling us at +35 312238434.
This clause sets out what Tutorful agrees to do:
2.1 To help Tutors and Students to meet by allowing Tutors to advertise their professional tuition services on the Website, and Students to book and pay for Lessons. We do not ourselves provide any professional tuition services listed on the Website as being provided by Tutors and any contract for the provision of those services is between the Student and the relevant Tutor.
2.2 To maintain a functioning Website, including communication systems, a booking platform and Online Classroom, wherever possible. Tutorful cannot guarantee that the Website or any material on it, will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Website might need to be taken offline for maintenance purposes.
2.3 To communicate any planned maintenance of the Website or downtime.
2.4 To use reasonable endeavours (which means to try hard!) to keep the Website free from viruses and worms.
2.5 To use reasonable endeavours to check the identity of all Tutors. (But if a Student is concerned about any Tutor, do not meet a Tutor alone.)
2.6 To decide when a Tutor’s profile is sufficiently complete to be set live on the Website and be accessible by other Users.
2.7 To communicate new Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Website and by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communication).
2.8 To endeavour to ensure that each Student’s payment of Lesson Fees and the payment of each Tutor’s Tutor Fees are processed promptly and usually within 9 days of a Lesson, when there is no Complaint or Failed Payment.
2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.10 To endeavour to ensure that refunds to Students are made promptly in accordance with these terms and conditions.
2.11 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
2.12 To take precautions Tutorful considers appropriate to protect Students' and Tutors' information.
2.13 To monitor postings made on the Website and messages sent between Students and Tutors. Tutorful does so in the hope of helping Students and Tutors meet, but also to stop misuse of the Website, as set out in these terms and conditions.
3.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.
3.2 Users are solely responsible for the Content they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal Content. Users must immediately report to Tutorful any defamatory, offensive or illegal Content they view on the Website. We have the right to remove or delete any Content you post or upload to the Website or to disclose it to the relevant authorities if, in our opinion, such Content does not comply with our standards as set out above.
3.3 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Tutorful cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.
3.4 Users must contact Tutorful immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Tutorful that they believe their password has been compromised.
3.5 Users must not use the Website with the intention of engaging directly with other Users outside of the Tutorful environment. Users must not promote opportunities or services of any company other than Tutorful on the Website.
3.6 Any User who fails, in Tutorful’s opinion, to comply with these terms and conditions may be immediately, temporarily or permanently suspended from using the Website and any related services (including termination of the terms and conditions between us and closure of your Tutorful account). Tutorful reserves the right to cancel any existing bookings in such circumstances.
4.1 Tutorful is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
4.2 Students must be at least 18 years old to create an account and to book a Tutor for themselves. If you are a parent or legal guardian of a child under the age of 18, by allowing your child to use the Website, you are subject to these terms and conditions and responsible for your child’s activity on the Website. Individuals under the age of 18 must have their parent or legal guardian’s permission for them to receive tuition from a Tutor via Tutorful. Tutorful is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
4.3 Students must ensure that all of their personal details and contact information are accurate and up-to-date. Tutorful will contact Students by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communication).
4.4 When a Booking is made more than 24 hours in advance of the start time of the first Lesson, Students have up to 12 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking. When a Booking is made within 24 hours of the start time, Students have up to 2 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking.
4.5 To confirm a Booking for their first Lesson with a Tutor, the Student must enter, or have already entered, valid payment details on the Website.
4.6 By confirming their Booking for their first Lesson with a Tutor, the Student authorises the Tutor to make further Bookings on their behalf and authorises Tutorful to take payment of its Platform Fee and to take, as agent for the Tutor, payment of the Tutor Fee for each Lesson (which combine to form the total Lesson Fee), in accordance with these terms and conditions. Further Bookings made by a Tutor on behalf of a Student after the first Lesson will, therefore, be confirmed automatically.
4.7 When a Booking is confirmed, the Student enters into a direct contract with the Tutor for the provision of Lessons and Tutorful accepts no liability in relation to the Tutor’s provision of lessons. We do not employ the Tutors and we are not responsible for, and make no representations, warranties or guarantees as to, the behaviour, acts or omissions of any Tutors engaged through the Website or the quality of the tuition services they provide.
4.8 When a confirmed Booking exists, the Student must ensure that they have a valid debit/credit card registered on the Website, with sufficient funds to cover the Booking.
4.9 Students agree not to circumvent or disintermediate, or attempt to circumvent or disintermediate, Tutorful in any way at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor (the "Student Restriction Period") and that, save where Tutorful has barred the Student or Tutor in accordance with clause 4.13, all future Lessons within the Student Restriction Period with a Tutor found through the Website will be booked through Tutorful.
4.10 Students must use their own judgement about the services of Tutors detailed on the Website. Although Tutorful undertakes certain checks to assess the suitability of each Tutor prior to setting their profile live on the Website, Students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a Booking.
4.11 Students are responsible for checking that Bookings made by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email (except where a student has chosen to alter their notification settings to exclude email communications) and through the Website only.
4.12 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Tutorful failing to provide the services outlined in clause 2.2 of these terms and conditions.
4.13 Any Student who fails, in Tutorful's reasonable opinion, to comply with these terms and conditions may be immediately, temporarily or permanently suspended from using the Website and any related services (including termination of the terms and conditions between us and closure of your Tutorful account). Tutorful reserves the right to cancel any existing Bookings in such circumstances.
4.14 Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than 24 hours' notice.
4.15 Nothing in these terms and conditions affects a Student's statutory rights.
4.16 Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
4.17 Subject to paying for any Bookings used, a Student may cease to use the Tutorful service at any time.
5.1 Tutors are not employees of Tutorful and the relationship of the Tutors to Tutorful will be that of independent contractor and nothing in these Terms and Conditions shall render the Tutor an employee, worker, agent or partner of Tutorful and the Tutor shall not hold themselves out as such. All Tutors are solely responsible for their own actions both on and off the Website.
5.2 Tutors must be at least 18 years old.
5.3 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the Republic of Ireland on a self-employed basis.
5.4 A Tutor must not contact a learner who is under the age of 18. Tutors must ensure that individuals under the age of 18 have their parent or legal guardian’s permission for them to receive tuition from a Tutor via the Website.
5.5 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.
5.6 Tutors must self-declare that they have no unspent criminal convictions to Tutorful, including any criminal convictions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered on the Website.
5.7 Any Tutor who, in Tutorful's opinion, fails to comply with these terms and conditions may be immediately, temporarily or permanently suspended from using the Website and any related services (including termination of the terms and conditions between us and closure of your Tutorful account). Tutorful reserves the right to cancel any existing Bookings at any time in such circumstances.
5.8 Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
5.9 The Tutor is not required to exclusively provide their services via Tutorful and may provide services to others provided that such activity does not cause a breach of any of the Tutors obligations under these Terms and Conditions.
5.10 Tutors are responsible for setting their own Tutor Fee. They must not undercut Tutorful and must, therefore, set their Tutor Fee on the Website for an amount which is as good as the fee they offer to students outside of Tutorful.
5.11 Tutors agree that they will be ranked on the Website based on a mixture of profile data, Student ratings and number of Lessons taught. Positive Student ratings, prompt messaging, repeat Bookings and a greater amount of Lessons taught will contribute to Tutors being ranked higher on the Website's search engine results. Tutorful reserves the right to change the way Tutors are ranked at any time.
5.12 Tutors should make Bookings for Lessons and respond to messages received from Tutorful and Users promptly but the ultimate discretion as to whether to accept a Booking or not rests with the Tutor.
5.13 For any meetings (including lessons, trials or assessing student need) with a Student found via Tutorful's Website, Tutors must make a Booking to account for this time using the Website. Tutors agree not to solicit Students or disintermediate Tutorful, or attempt to solicit Students or disintermediate Tutorful, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student (the "Tutor Restriction Period").
5.14 Tutors must only make Bookings for Lessons in accordance with the instructions of their Students. If Tutors make Bookings for additional Lessons which they fail to deliver, they will be liable to refund to the Student directly any Tutor Fee they have received for any such Bookings.
5.15 Tutors must attempt to call the Student, be able to provide evidence of the call and allow at least 15 minutes from the scheduled start time of a Lesson for Students to attend the Lesson. If Tutors fail to do so, they will be liable to refund to the Student any Tutor Fee they have received for the relevant booking.
5.16 Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
5.17 Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons takes place via the Website.
5.18 Tutors shall indemnify Tutorful for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.
5.19 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. Tutors will be liable to refund any fees received for an Online Lesson in the event that they are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of Tutorful failing to provide the services outlined in clause 2.2 of these terms and conditions.
5.20 Tutors who are late for a Lesson must provide evidence that they contacted the Student directly to make them aware of their lateness and that the Student was happy to take the Lesson at a later time. Any Tutors who fail to do so will be liable to refund to the Student any Tutor fee they have received for the relevant booking.
6.1 The Lesson Fee payable by a Student for a Lesson will be displayed on the Website at the time of confirming a Booking. The Lesson Fee will also be displayed on the Student’s lessons dashboard on the Website, in Lesson reminder emails and, following Lessons, in emails confirming receipt of payment.
6.2 A Lesson Fee is the combination of the Tutor Fee, which will be collected by Stripe on behalf of Tutorful, and Tutorful’s Platform Fee. All fees include any applicable VAT.
6.3 The Platform Fee is payable by the Student in exchange for the provision of the services listed in clause 2 of these terms and conditions. The Platform Fee will be determined based on the number of hours of Lessons taught by the Tutor prior to the Lesson.
6.4 ("T") A Tutor’s fee for a Lesson will represent 75-85% of the Lesson Fee due for that Lesson (the “Tutor Fee”). The percentage of the Lesson Fee that represents the Tutor Fee, received by Tutorful as agent for the Tutor, will be determined based on the number of hours of Lessons taught by the Tutor prior to the Lesson, as set out on the Website.
6.5 The Student authorises Tutorful to instruct Stripe to charge their credit/debit card 24 hours after the scheduled end time of each Lesson for the Lesson Fee attached to the relevant Booking.
6.6 If any Student cancels a Booking less than 24 hours before the relevant Lesson is due to commence, payment may be taken less than 24 hours after the Lesson is due to end.
6.7 If any Student makes a Complaint (claiming for a Missed Lesson, raising a refund request, or making a claim against Tutorful’s 100% satisfaction guarantee), charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with these terms and conditions.
6.8 For Online Lessons, Students will be charged the full Lesson Fee, provided the Tutor attended the Online Classroom for at least 15 minutes from the Lesson’s scheduled start time. No charge will be made to the Student if a Tutor does not attend for at least the first 15 minutes of a Lesson and, therefore, give the Student sufficient opportunity to attend.
6.9 If a Lesson does not take place because a Student does not attend via the Online Classroom, the Student will be charged the full Lesson Fee.
6.10 Payment processing services on Tutorful's Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement  (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as a Tutor on Tutorful's Website, the Tutor agrees to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Tutor agrees to provide Tutorful with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises Tutorful to share with Stripe such information and transaction information related to Tutor's use of the payment processing services provided by Stripe.
6.11 Stripe normally transfers a Tutor's Tutor Fee from the Tutor's Stripe connected account to the Tutor's nominated account within 9 days following a Lesson, provided the relevant ID has been provided and passes Stripe’s verification process.
6.12 A Tutor’s Tutor Fee may not be processed until Stripe’s verification requirement is completed.
7.1 A Student may cancel a Booking before the scheduled start time of a Lesson.
7.2 A Student may only cancel a Lesson by cancelling the relevant Booking on the Website. Cancellations made through direct contact with the Tutor, such as by text or phone, and not through the Website, may result in charges still being made to a Student’s account.
7.3 Cancellations made 24 or more hours before a Lesson is due to commence will incur no charge.
7.4 When a Booking is cancelled by a Student less than 24 hours before a Lesson is due to commence, Tutorful leaves it to the Tutor's discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student either 50% or 100% of the Lesson Fee, as displayed at the time of confirming their Booking. Unless instructed otherwise by the Tutor, Tutorful will, as the Tutor’s agent, automatically instruct Stripe to charge the Student 50% of the Lesson Fee and payment will be processed in accordance with these terms and conditions.
7.5 Cancellations by a Student or by the Tutor on behalf of the Student made less than 6 hours before a Lesson is due to commence will incur an additional Late Cancellation Handling Fee of €5 payable by the Student if the Tutor chooses to charge 50% of the Lesson Fee, or if the Tutor chooses to not charge. The Late Cancellation Handling Fee is payable by the Student and payment will be automatically processed within 48 hours of the end time of the cancelled Lesson.
7.6 No Late Cancellation Handling Fee will be charged if the Tutor chooses to charge 100% of the Lesson Fee so Students will never pay more than the Lesson Fee when cancelling a Lesson.
7.7 The Late Cancellation Handling Fee will not be charged in the event of a Tutor cancelling a Lesson less than 6 hours before a Lesson is due to commence and where the cancellation reason provided shows that the Tutor is not cancelling on behalf of the Student.
7.8 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly via the Website and cancel the Booking on the Website. In the event of a Tutor cancelling a Booking, the Student will not be charged any Lesson Fee or, if the Student has paid the Lesson Fee, will receive a full refund.
7.9 Bookings cannot be cancelled after the Lesson has started. Lessons which are not cancelled by the Student before the start time but are not attended by the Student will be charged at their full price. If there are extenuating circumstances surrounding the Lesson cancellation then a full refund may be made at the discretion of the Tutor and Tutorful.
8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Website) or a claim about quality (where the Student feels that the service provided by a Tutor falls below the standards they reasonably expected).
8.2 A Student should inform Tutorful of a Complaint by email [firstname.lastname@example.org] within 96 hours after the scheduled finish time of the relevant Lesson.
8.3 When a complaint has been received from a Student, Tutorful will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.
8.4 Should a Student inform Tutorful of a complaint within 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Tutorful through the Website of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint through the Website within 48 hours of being notified of the complaint, Tutorful, as the agent of the Tutor, will instruct Stripe to process a full refund to the Student of the Tutor Fee. Tutorful reserves the right, as a goodwill gesture, to instruct Stripe to process a refund of the Platform Fee for the Booking related to the Lesson the complaint is regarding. Tutorful will promptly inform the Student of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.
8.5 Should a Student inform Tutorful of a complaint more than 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Tutorful by chat or email of their desire to uphold the complaint (and authorise Tutorful on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact Tutorful within 48 hours to uphold the complaint, Tutorful, as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their complaint and reject the associated refund request.
8.6 Should the Student and Tutor not reach an amicable agreement regarding a complaint, the Student is entitled to make a claim against the Tutor in relation to the complaint. As set out in clause 8.7, Tutorful accepts no liability in relation to complaints and the services provided by a Tutor.
8.7 Should Tutorful find that a Missed Lesson occurred due to any failure of Tutorful to meet the terms set out in clause 2 of these terms and conditions, Tutorful will refund the Student any Platform Fee paid.
8.8 Tutorful reserves the right to offer any Student, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at Tutorful’s discretion.
9.1 To reflect Tutorful’s confidence in the matching service provided, Tutorful will, as a gesture of goodwill, pay a Student who qualifies for the 100% satisfaction guarantee an amount equal to the lesser of the cost of the Initial Lesson (as defined in clause 9.2) or the cost of the Replacement Lesson (as defined in clause 9.2) up to a maximum of €100.
9.2 To qualify for this satisfaction guarantee, the Student must: i) notify Tutorful that they are unhappy with their first Lesson for which there is a Booking on the Website (the “Initial Lesson”) by email or chat within 48 hours of the Lesson’s scheduled finish time, giving their reasons for their dissatisfaction (Tutorful will then note eligibility for the 100% satisfaction guarantee on the Student’s account); ii) independently find a new, replacement Tutor, with whom they must book, confirm, take and pay for a Lesson on the Website (the “Replacement Lesson”); and iii) contact Tutorful by email or chat within 48 hours of the Replacement Lesson’s finish time.
9.3 Tutorful reserves the right to determine whether a valid claim of dissatisfaction stands.
9.4 Before any payment is made to a Student under the terms of this satisfaction guarantee, payment for the Initial and Replacement Bookings must have been received by Tutorful.
9.5 Tutorful will only offer the 100% satisfaction guarantee if the Replacement Lesson is completed within 12 months of the Initial Lesson (and not any later Lessons).
9.6 The satisfaction guarantee is limited to one claim per Student.
9.7 Where a Student is noted as eligible for the 100% satisfaction guarantee or a goodwill payment is made, Tutorful will, as agent for the respective Tutors, ensure that Tutor Fees for the Initial and Replacement Lessons are passed on to them.
9.8 Tutorful reserves the right not to make the goodwill payment if the Student has failed to comply with any of these terms and conditions.
10.1 As defined in clause 16.5, 'Failed Payment’ means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Tutorful, has been unable to make a successful charge against the payment details provided by the Student.
10.2 In the case of a Failed Payment still being outstanding 48 and 72 hours after the scheduled end of the relevant Lesson, the Student authorises Tutorful to automatically instruct Stripe to retry the charge.
10.3 The Student can also give Tutorful consent by email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.
10.4 As the agent of the Tutor, Tutorful reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Student who has an outstanding Failed Payment (including for a Student who has an outstanding Failed Payment for a Booking with another Tutor)
10.5 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, Tutorful will cancel all of the Student's further Bookings and inform the Tutor by SMS that Stripe has been unable to collect payment on their behalf. The Tutor must not make any further Bookings for Lessons with the Student until the Failed Payment has been settled by Stripe making a successful charge for the full Lesson Fee.
10.6 As the agent of the Tutor, Tutorful may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and/or phone.
10.7 The Student accepts that Tutorful reserves the right to pass debts for Tutorful’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected.
10.8 Tutorful will not be liable to the Tutor for any lost fees resulting from any Failed Payment.
10.9 Tutorful without obligation, reserves the right to pay the Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Tutorful.
11.1 Tutorful seeks to provide the best service possible and provide a safe experience in which children can learn.
11.2 Any User who is the parent or legal guardian of a child under the age of 18 and allows their child to attend a Lesson with a Tutor should not leave the child in the sole care of that Tutor and the parent or legal guardian should remain present for the duration of the Lesson.
11.3 If any User has a concern regarding child protection, they should contact Tutorful immediately.
12.1 Nothing in these terms and conditions in any way limits or excludes Tutorful's liability for our negligence causing death or personal injury, for fraud or fraudulent misrepresentation, or for anything which is not permitted by law to be excluded or limited. Nothing in these terms and conditions is intended to affect your statutory rights.
12.2 All Users must give Tutorful a reasonable opportunity to remedy any matter for which Tutorful is potentially liable before incurring any costs remedying the matter themselves.
12.3 Tutorful shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:
there is no breach of a legal duty of care owed by Tutorful or by any of its employees or agents;
such loss or damage was not reasonably foreseeable by both parties; or
such loss or damage is caused by the User, for example by not complying with these terms and conditions.
12.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage Tutorful suffers arising from the User's breach of these terms and conditions or misuse of the Website (subject of course to Tutorful's obligation to mitigate any losses).
12.5 The Tutor shall be fully responsible for and shall indemnify Tutorful for and in respect of the following:
12.6 (a) any income tax, PRSI, and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with either the performance of the services or any payment or benefit received by the Tutor in respect of the services, where such recovery is not prohibited by law. The Tutor shall further indemnify Tutorful against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Tutorful in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;
12.7 (b) any liability arising from any employment-related claim or any claim based on employee status (including reasonable costs and expenses) brought by the Tutor against Tutorful arising out of or in connection with the provision of the services, except where such claim is as a result of any act or omission of Tutorful.
12.8 Tutorful may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to the Tutor.
12. The following clauses apply only if the User is not a consumer:
To the extent allowed by law, the User and Tutorful exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to Tutorful includes its employees and agents.
Tutorful's liability of any kind (including in respect of its own negligence) with respect to the Website for any one event or series of related events is limited to €100 or the total Platform Fees paid by the User in the 12 months before the event(s) complained of, whichever is higher. In no event (including Tutorful's negligence) will Tutorful be liable for any:
economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data (even if Tutorful has been advised of the possibility of such losses).
The User will indemnify Tutorful against all claims and liabilities directly or indirectly related to the User's use of the Website and/or breach of these terms and conditions.
These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
13.1 When submitting material to Tutorful, Students and Tutors also grant to Tutorful a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
14.1 We reserve the right to make changes to these terms and conditions at any time. Tutorful may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. We may provide you with notice via email, postings on our website which you will be notified of, or through other reasonable means. You can access the current terms and conditions on our Website at any time. You can find out when we last changed these terms by check the “Last Updated” date at the top of these terms and conditions. The changes will come into effect 14 days after we publish changes on website and notify you of such changes, users will be bound by the revised terms and conditions if they continue to use the Website or the services 14 days after we publish such changes on our Website.
15.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with Irish law and the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of the Republic of Ireland. This paragraph is without prejudice to any overriding rights which you may be entitled to in your country of residence. If you are a consumer then the courts of your country of residence may have jurisdiction to hear any dispute that may arise out of or is related to these terms and conditions.
15.2 Please note that disputes may be resolved via the European Commission Online Dispute Resolution platform.
15.3 If a court finds any clause or any part of these terms and conditions invalid, unlawful or unenforceable to any extent, the other terms and conditions will remain in force.
15.4 No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
15.5 These terms and conditions constitute the entire agreement between us and a User and supersede any and all preceding and contemporaneous agreements between a User and Tutorful.
16.1 “Booking” means the booking attached to an individual Lesson on the Website.
16.2 “Complaint” means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a Tutor introduced by Tutorful, or, that there was a Missed Lesson.
16.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website.
16.4 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Tutorful, has been unable to make a successful charge against the payment details provided by the Student.
16.5 “Lesson” means, unless otherwise specified, a one-to-one online tuition lesson between a Student and a Tutor.
16.6 “Lesson Fee” means the combination of the Tutor Fee and the Platform Fee.
16.7 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.
16.8 “Online Classroom” means Tutorful’s own online lesson space which is made available to Users at the time of booked Online Lessons on the Website.
16.9 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through Tutorful’s Online Classroom.
16.10 “Platform Fee” means the fee charged by Tutorful to Students for the provision of Tutorful’s services.
16.11 “Review” means any review, comment or rating.
16.12 “Stripe Terms” means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.
16.13 “Student” means a User who has registered a student account on the Website. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or legal guardian who have set up the account and allowed the minor to use their Account.
16.14 “Student Restriction Period” means, as defined in clause 4.9, being at the time of booking any Tutor, during any period of confirmed Bookings with any Tutor or at any time within six months of the date of the most recent Booking with the relevant Tutor.
16.15 “Tutor” means a User who has registered a tutor account on the Website.
16.16 “Tutor Fee” means that part of the Lesson Fee which is collected by Tutorful as agent for the Tutor as described in clause 6.4.
16.17 “Tutor Restriction Period” means, as defined in clause 5.13, being at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student.
16.18 “Tutorful” means Tutorful Ireland, Reg no: 692562, Reg'd address: Ground Floor, 71 Lower Baggot Street, Dublin, D02 P593.
16.19 “User” means a person who uses our Website (whether or not they have registered an account with us).
16.20 “Website” means the website on the domain [https://tutorful.ie].