Terms & Conditions

Summary
These Terms and Conditions have been created to protect both Students and Tutors whilst using Hoolr 🔒 They explain what is expected from Tutors when using Hoolr and what is expected from Students 👨‍🏫👩‍🏫. The Terms and Conditions illustrate Lesson Booking and Tutor payment through Stripe 💰 Additionally these Terms and Conditions highlight how Hoolr takes great care in Child Protection and maintaining a 100% Satisfaction Guarantee.
1. Introduction

1.1 Hoolr’s Website helps Students to find Tutors and book and pay for Lessons.

1.2 This Website is owned and operated by Hoolr Education Limited trading as Hoolr. We are a limited liability company registered in Scotland under company number SC598529. Our registered office is at 205b Alexandra Parade, Dunoon, PA23 8HA. Our other contact details are specified on our Website.

1.3 These terms and conditions cancel and replace any previous versions.

1.4 By registering on or using our Website, you agree to be bound by these terms and conditions. (Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.) If you do not wish to be bound by these terms, you should not use the Website.

1.5 Where you communicate on behalf of a company/organisation, you agree that you have authority to act on behalf of that entity.

1.6 Important phrases are defined in clause 16 (Definitions) of these terms and conditions and are capitalised throughout.

2. Hoolr’s Rights & Responsibilities

2.1 To help Tutors and Students to meet by allowing Tutors to advertise their professional tuition services on the Website.

2.2 To maintain a functioning Website, including communication systems, a booking platform and Online Classroom, wherever possible.

2.3 To communicate any planned maintenance of the Website or downtime.

2.4 To use reasonable endeavours to keep the Website free from viruses and worms.

2.5 To use reasonable endeavours to check the identity of all Tutors and the background checks of Tutors with Background Checked Status.

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 use reasonable endeavours 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 use reasonable endeavours to ensure Complaints are considered promptly and in accordance with these terms and conditions.

2.10 To use reasonable endeavours to ensure that refunds to Students are made promptly in accordance with these terms and conditions.

2.11 To use reasonable endeavours to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.

2.12 To take precautions we consider reasonable to protect Students' and Tutors' information.

2.13 To monitor postings made on the Website and messages sent between Students and Tutors. Hoolr do 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. User Responsibilities

3.1 Users are responsible for their own security in conjunction with our services, both online and offline.

3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.

3.3 Users must immediately report to Hoolr any defamatory, offensive or illegal material they view on our Website.

3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Hoolr cannot guarantee that all of the content on the Website is complete, accurate or up-to-date.

3.5 Users are responsible for their own internet security when using the Website.

3.6 Users must contact Hoolr 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 Hoolr that they believe their password has been compromised.

3.7 Users must not use the Website with the intention of disintermediating Hoolr in any way. Users must not promote opportunities or services of any company other than Hoolr on the Website.

3.8 Users agree to abide by the Privacy Policy provided through the Website.

3.9 Any User who fails, in Hoolr’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Hoolr reserves the right to cancel any existing bookings in such circumstances.

4. Student Responsibilities

4.1 Hoolr takes no responsibility 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 book a Tutor for themselves. Students under the age of 18 must be represented by a parent or legal guardian or school who gives consent for them to receive tuition. Hoolr is not responsible for any dispute regarding parental consent.

4.3 Students must ensure that all of their personal details and contact information are accurate and up-to-date.

4.4 To confirm a Booking for their first Lesson with a Tutor, Students must enter, or have already entered, valid payment details on our Website.

4.5 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 Hoolr to deduct the schduled tutoring minutes from the Student account.

4.6 When a Booking is confirmed, Students enter directly into a contract with the Tutor for the provision of Lessons and Hoolr accepts no liability in relation to the Tutor’s provision of lessons.

4.7 Before a confirmed Booking exists, Students must ensure that they have a valid debit/credit card registered on our Website, with sufficient funds to cover the Booking.

4.8 Students must use their own judgement about the services of Tutors detailed on the Website. Although we undertake 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.

4.9 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 Hoolr failing to provide the services outlined in cause 2.2 of these terms and conditions.

4.10 Any Student who fails, in Hoolr’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Hoolr reserves the right to cancel any existing Bookings in such circumstances.

5. Tutor Responsibilities

5.1 Tutors are not employees of Hoolr and are solely responsible for their own actions both on and off the Website.

5.2Tutors must be at least 18 years old.

5.3 Tutors must have a valid General Teaching Council Number

5.4 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.

5.5 If Tutors contact Students who are under 18, they must ensure that these Students are represented by a parent or legal guardian who gives consent for the Student to receive tuition.

5.6 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.

5.7 Tutors must disclose any criminal convictions or cautions they may have to Hoolr, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.

5.8 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.

5.9 Tutors should only make Bookings for, or deliver, Online Lessons if they have a verified background check as set out in clause 16.4 of these terms and conditions.

5.10 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.

5.11Tutors are paid at an agreed rate.

5.12 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 our Website's search engine results. Hoolr reserves the right to change the way Tutors are ranked at any time.

5.13 Tutors should make Bookings for Lessons and respond to messages received from Hoolr and Users promptly.

5.14 For any Lesson given to a Student found via Hoolr’s Website, Tutors must make a Booking using the Website. Tutors agree not to solicit Students or disintermediate Hoolr, or attempt to solicit Students or disintermediate Hoolr, 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") and that, save that where Hoolr has barred the Tutor or Student in accordance with clause 5.20, all future Lessons within the Tutor Restriction Period with a Student found through the Website will be booked through Hoolr.

5.15 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.

5.16 Tutors must allow at least 5 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.

5.17 Tutors must not complete coursework, or any similar assignments, on behalf of Students.

5.18 Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons takes place on the Website.

5.19 Tutors shall indemnify Hoolr for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.

5.20 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 Hoolr failing to provide the services outlined in clause 2.2 of these terms and conditions.

5.21 Any Tutor who, in Hoolr opinion (which need not be reasonable), fails to comply with these terms and conditions may be immediately barred from using the Website and related services. Hoolr reserves the right to cancel any existing Bookings at any time in such circumstances.

6. Payment

6.1 The Lesson Time payable by a Student for a Lesson will be displayed on the Website at the time of confirming a Booking. The Lesson Time 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 Time is the time scheduled for a Lesson. Payment for this will be collected upfront. All fees include any applicable VAT or other sales tax.

6.3 A Tutor’s fee for a Lesson will be based upon the rate of £16 per hour.

6.4 Students authorise Hoolr to instruct Stripe to charge their credit/debit card from the beginning of each week/month dependent on payment plan.

6.5 If any Student cancels a Booking less than 12 hours before the relevant Lesson is due to commence then their Lesson Time will still be deducted.

6.6 If any Student makes a Complaint (claiming for a Missed Lesson, raising a refund request, or making a claim against Hoolr’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.

6.7 If a Lesson does not take place because a Student does not attend (whether in person or via the Online Classroom, as applicable), the Student will be have the Lesson Time deducted

6.8Payment processing services on Hoolr’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 – United Kingdom (together, the “Stripe Terms”). By agreeing to these terms and conditions or continuing to operate as a Tutor on Hoolr’s Website, Tutors agree to be bound by the Stripe Terms, as the same may be modified or amended by Stripe from time to time; and Tutors agree to provide Hoolr with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises Hoolr to share with Stripe such information and transaction information related to Tutors' use of the payment processing services provided by Stripe.

6.9 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.

7. Cancellations

7.1 A Student may cancel a Booking at any point before the scheduled start time of a Lesson.

7.2 Students must 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 more than 12 hours before a Lesson is due to commence will incur no charge.

7.4 Bookings cancelled by a Student less than 12 hours before a Lesson is due to commence may incur a deduction in Lesson Time.

7.5 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 Time.

7.6 Bookings cannot be cancelled after the Lesson has started.

8. Missed Lessons and Complaints

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 against 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 Hoolr of a Complaint by either phone or email within 24 hours of the scheduled finish time of the relevant Lesson.

8.3 When a Student informs Hoolr of a Complaint within 24 hours of the scheduled finish time of the relevant Lesson, Hoolr will contact the Tutor within 24 hours after such a Complaint has been received, by email and text message to inform the Tutor that a Complaint has been raised.

8.4 Should a Student inform Hoole of a Complaint within 24 hours of the scheduled finish time of the relevant Lesson, Tutors have 24 hours to inform Hoolr through the Website of their desire to dispute the Complaint (and reject the associated refund request). Should Tutors not dispute the Complaint through the Website within 24 hours of being notified of the Complaint, Hoolr, as the agent of the Tutor, will instruct Stripe to process a full refund to the Student of the Tutor Fee. Hoolr 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 Hoolr of a Complaint more than 24 hours after the scheduled finish time of the relevant Lesson, Tutors have 24 hours to inform Hoolr by email or phone of their desire to uphold the Complaint (and authorise Hoolr on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact Hoolr within 24 hours to uphold the Complaint, Hoolr, 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, Hoolr accepts no liability in relation to Complaints and the services provided by Tutors.

8.7 Should Hoolr find that a Missed Lesson occurred due to any failure of Hoolr to meet the terms set out in clause 2 of these terms and conditions, Hoolr will refund the Student any Platform Fee paid.

8.8 Hoolr 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 Hoolr’s discretion.

9. 100% Satisfaction Guarantee

9.1 To reflect Hoolr’s confidence in the matching service provided, Hoolr will, as a gesture of goodwill, refund Students who qualify for the 100% satisfaction guarantee an amount equal to the Lesson Time (as defined in clause 9.2) or the cost of the Replacement Lesson (as defined in clause 9.2)

9.2 To qualify for this satisfaction guarantee, Students must: i) notify Hoolr that they are unhappy with their first Lesson for which there is a Booking on the Website (the “Initial Lesson”) by email or phone within 24 hours of the Lesson’s scheduled finish time, giving their reasons for their dissatisfaction (Hoolr 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 for a Lesson on the Website (the “Replacement Lesson”); and iii) contact Hoolr by email or phone within 24 hours of the Replacement Lesson’s finish time.

9.3 Hoolr reserves the right to determine whether a valid claim of dissatisfaction Stands.

9.4 Hoolr 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, Hoolr will, as agent for the respective Tutors, ensure that Tutor Fees for the Initial and Replacement Lessons are passed on to them.

9.8 Hoolr reserves the right not to make the goodwill payment if the Student has failed to comply with any of these terms and conditions.

10. Failed Payments

10.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Hoolr, 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 Hoolr to automatically instruct Stripe to retry the charge.

10.3 Students can also give Hoolr consent by phone, email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.

10.4 As the agent of the Tutor, Hoolr reserves the right to protect Tutors from further loss of earnings by cancelling Lessons and their associated Bookings at any point with Students who have an outstanding Failed Payment (including for Students who have 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, Hoolr will cancel all of the Students’ further Bookings and inform the Tutor by SMS that Stripe has been unable to collect payment on their behalf. Tutors 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, Hoolr 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 Students accept that Hoolr reserves the right to pass bad debts for Hoolr’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected.

10.8 Hoolr will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.

11. Child Protection

11.1 Hoolr seeks to provide the best service possible and provide a safe experience in which children can learn.

11.2 To uphold the highest level of Child Protection all Tutors must provide Hoolr with their General Teaching Council and one other form of ID.

11.3 All Users must comply with the The Tutors' Association Child Protection Policy, whether or not they are a member of The Tutors' Association, and all relevant legislation and government guidance. The Policy can be found at this link: http://thetutorsassociation.org.uk/uploads/Child%20Protection%20Policy.pdf

11.4 If any User has a concern regarding child protection, they must contact Hoolr immediately.

12. Disclaimers and Limitation of Liability

12.1 Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.

12.2 All Users must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter themselves.

12.3 If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  • such loss or damage was not reasonably foreseeable by both parties; or
  • such loss or damage is caused by you, for example by not complying with these terms and conditions.

12.4 If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of our Website (subject of course to our obligation to mitigate any losses).

12.5 The following clauses apply only if you are not a consumer:

  • To the extent allowed by law, you and we 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 us includes our employees and agents.
  • In no event (including our own negligence) will we 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 we have been advised of the possibility of such losses).
  • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of these terms and conditions.
  • These terms and conditions constitute the entire agreement between us with respect to their subject matter and supersede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
13. Intellectual Property

13.1 When submitting material to Hoolr, Students and Tutors also grant to Hoolr a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.

14. Changes to these terms and conditions

14.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised terms and conditions if you continue to use our Website or the services following the effective date shown.

15. Governing Law & Jurisdiction

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 Scottish law and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of Scotland.

15.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.

16. Definitions

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 Hoolr, 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 our Website.

16.4 “Background Checked Status” means a Tutor displaying the ‘I have a background check’ badge on their profile page on the Website. Background checks must have been awarded within 2 years of the date on which a Tutor creates an account on the Website, and within 3 years at any point in time thereafter. Within these time frames, background checks will be accepted if they are an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland. Hoolr cannot verify any claim made by Tutors within their profile or in any of other communication which relates to them having a valid background check other than through the awarding of the “Background Checked Status”.

16.5 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by Hoolr, has been unable to make a successful charge against the payment details provided by the Student.

16.6 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.

16.7 “Lesson Time” means the time credit a student has for a given period.

16.8 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.

16.9 “Online Classroom” means Hoolr’s own online lesson space which is made available to Users at the time of booked Online Lessons.

16.10 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through Hoolr’s Online Classroom.

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 – United Kingdom.

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 guardian.

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 as defined in clause 6.3.

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 “Hoolr” means the company Hoolr Education Limited (company no. SC598529) trading as Hoolr with its registered office address at 205b Alexandra Parade, Dunoon, United Kingdom, PA23 8HA. Any reference to ‘we’, ‘us’ or ‘our’ refers to the company Hoolr Education Limited.

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://hoolr.co.uk or https://hoolr.co.uk.

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