Terms of Use

The following terms and conditions ("Terms") apply to your use of the  Keystone Tutors website ("Keystone Tutors Web Platform") which is owned and maintained by Keystone Tutors Limited ("KT"; "we" or "us") , and the services available from KT via the Keystone Tutors Web Platform (the "KT Service").  Please read these Terms carefully.  By using the Keystone Tutors Web Platform and/or using the KT Service 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 Keystone Tutors Web Platform or use the KT Service.

Introduction

KT is a limited company registered in England and Wales whose registered number is 06840060 and whose registered address is at 5 Blythe Mews, London, W14 0HW.

Should you have any questions about these Terms or wish to contact KT for any reason whatsoever, please contact KT by email at office@keystonetutors.com.

Description of KT Service

The Keystone Tutors Web Platform and the KT Service is an online communications platform via which users can search assignment opportunities.  Users will comprise Suppliers (such as personal service companies) and individuals providing Tutor services ("Tutors") to persons seeking Tutors ("Clients").

KT is not, when providing the KT Service, acting as an employer, an employment agency or an employment business.  Clients are the potential employers and are responsible for compliance with all applicable employment and other related laws.  KT does not refer or recommend Tutors to Clients, and KT shall not be responsible for any engagement or employment decisions.  KT provides a platform where candidates can post individual profiles and search for and evaluate assignment opportunities.  KT is not involved in the actual engagement between Clients and Tutors and any direct or indirect engagement of a Tutor by a Client is subject to and governed by separate terms and conditions and these Terms do not affect a Tutor's rights in respect of such engagement.

In particular, for the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations"), KT is not an employment agency or employment business and generally does not introduce or supply work-seekers to hirers or hirers to work-seekers.  It is recommended that you undertake the steps set out in the Regulations to ensure your suitability for the role advertised by a Client.  These could include checking the identity of the Client and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the Client considers necessary or are required by law or otherwise to undertake the position or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.

The Client has the obligation to pay the Tutors for the Tutor services. KT may as the Client's agent, arrange payment for the services delivered by the Tutor to the Client.

Registration

To enjoy the KT Service you must register an account through the Keystone Tutors Web Platform ("User Account") and in doing so you agree to be bound by these Terms, which shall govern your use of the KT Service.
You are only eligible to register a User Account if, and by registering and creating a User Account you confirm that, you are over 18 years old, you are resident in the United Kingdom, and all information that you use to register is accurate and current.  It is your responsibility to keep all your information up to date.

On registering with us to use the KT Service, you will be issued with a user name and password which must be used in order to access the KT Service.  The user name and password are personal to you and are not transferable.

In order to use the KT Service you must populate the member profile. 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.
Your user name and password are the methods used by us to identify you and so are very important.  You are responsible for all information posted on the Keystone Tutors Web Platform 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 the Keystone Tutors Web Platform, nor access the KT Service other than through normal operations.

Use of KT Service

The KT Service may only be used by individuals (and suppliers of individuals) seeking assignments as Tutors.

You agree to use the Keystone Tutors Web Platform and the KT 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 the KT Service.
Following any assignments you have with Clients, you agree to upload a breakdown of the hours you have worked on an assignment to the Keystone Tutors Web Platform in the format that is specified on the Keystone Tutors Web Platform.

You are permitted to download and print content from the Keystone Tutors Web Platform solely for your personal use.  Keystone Tutors Web Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without KT's express written permission.  You are not entitled to use the content of the Keystone Tutors Web Platform for commercial exploitation in any circumstances, save for the purposes of assignments you receive through us.

By using the Keystone Tutors Web Platform and/or the KT Service, you agree not to:

• use the Keystone Tutors Web Platform, the KT Service, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the KT Service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another person's User Account without permission;
• provide false or inaccurate information when registering a User Account, using the KT Service or communicating with other users;
• attempt to re-register with the KT Service if we have terminated your User Account for any reason;
• interfere or attempt to interfere with the proper functioning of the KT Service;
• 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;
• bypass any measures we take to restrict access to the KT Service or use any software, technology, or device to scrape, spider, or crawl the KT Service or harvest or manipulate data;
• use the communication systems provided by or contacts through the KT Service for any commercial solicitation purposes; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

User Content

You are responsible for any content, messages, reviews, feedback or profiles ("User Content") that you submit post or display on the Keystone Tutors Web Platform, or transmit to other users of the KT Service.  You will not provide inaccurate, misleading, defamatory or false information onto the Keystone Tutors Web Platform or to any other user of the KT Service, 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 Keystone Tutors Web Platform.

By submitting, posting or displaying User Content on the Keystone Tutors Web Platform, you grant KT a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the KT Service.  KT 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.

KT 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 KT Service.  KT reserves the right to prevent further access to the KT Service for violating the Terms or applicable laws, rules or regulations.

KT 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 the KT Service nor does KT endorse any opinions expressed by users of the KT Service.

Assignment requests

KT will post available assignments on the Keystone Tutors Web Platform, from Clients, and you can request these assignments on the Keystone Tutors Web Platform. You are solely responsible for your assignment requests on the Keystone Tutors Web Platform.  KT shall not be considered to be an employer with respect to your use of the KT Service and KT shall have no responsibility for engagement or employment decisions made by a Client.

You agree that each assignment request shall not contain inaccurate, false, or misleading information.  KT reserves the right to remove any assignment requests or content from the Keystone Tutors Web Platform which, in KT's opinion, does not comply with these Terms or if any of the content is not in the best interests of KT.

You agree that a contract relating to an assignment will be deemed to have been entered into between the Client and you (on the standard terms from time to time available on the Keystone Tutors Web Platform) when you undertake via the Keystone Tutors Web Platform that you will perform the relevant assignment and the Client indicates that it agrees to engage you for that assignment.

Tutor checks

By registering a User Account to use the KT Service as a Tutor you consent to KT's use of your information to verify such information, including passing onto third parties, to evaluate the accuracy of the information ("Tutor Checks").  KT will not seek your further consent prior to carrying out the Tutor Checks and you acknowledge that certain sensitive information may be included in the Tutor Checks.  The Tutor Checks which KT will perform are set out below:

Liability

KT is not responsible for User Content, the quality, safety or legality of the jobs or the ability of Client's to offer opportunities to Tutors or the ability of Tutors to perform assignments and KT makes no representations about any assignments jobs, or User Content on the Keystone Tutors Web Platform.  While KT reserves the right in its sole discretion to remove User Content, assignment postings, CVs or other material from the Keystone Tutors Web Platform from time to time, KT 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 KT Service is provided without warranty and we do not warrant or represent that the KT Service 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 KT Service. 

The Keystone Tutors Web 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 the Keystone Tutors Web Platform, or any use of personal data by 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.

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;
• 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.

Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to £1,000,000.

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.

Indemnity

You agree to indemnify, defend and hold harmless KT 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 KT 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 the Keystone Tutors Web Platform, or (ii) your use of the Keystone Tutors Web Platform or the KT Service in violation of these Terms or in violation of any applicable law. 

Term

KT reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Keystone Tutors Web Platform and the KT Service, to remove your User Account and/or any User Content posted by or about you, from the Keystone Tutors Web Platform, and/or to terminate your registration with the KT Service, with or without notice if KT determines that you are not eligible to use the KT Services or you have violated any of these Terms.

KT reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the KT Service generally.  These Terms will remain in full force and effect while you are a user of the Keystone Tutors Web Platform or a registered user of the KT Service.  KT reserves the right to close your User Account and terminate these Terms with you at any time by providing you with thirty (30) days’ notice if KT ceases to provide the KT Service in the United Kingdom.  KT reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of inactivity.  If KT terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the KT Service again, whether using the same or a different identity to that under which you were originally registered.

Changes to these Terms

These Terms may be amended by us at our discretion from time to time and the latest version will always be available on the Keystone Tutors Web Platform.  Any new version of these Terms shall take effect, and will govern the KT Service and your relationship with us: (i) immediately upon the date of posting on the Keystone Tutors Web 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 (30) days after the date of posting on the Keystone Tutors Web 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 KT Service.

Privacy

You agree that any and all personal information you provide to us may be collected, stored, processed and used in accordance with our current Privacy Policy which can be found at https://www.keystonetutors.com/policies.

General

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.

Only you and KT 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.

These Terms set out the entire agreement between you and us with respect to your use of the KT Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you.

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.