Terms and Conditions
1. Introduction to TutorHive and the Marketplace
1.1 The TutorHive Website helps Students to find Tutors, Tutors to market their services, and for Students to book and pay for Lessons via an App using artificial intelligence. TutorHive is also a marketplace that allows users to offer, sell and buy a variety of learning supportive materials such as stationery, folders and other related items (the ‘Marketplace’) using the TutorHive application which we make available for download through an app store or on your mobile device or via our website. Together these constitute the ‘Service’ or ‘Services’ offered by TutorHive. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using Services. If there is anything in them that you do not understand, the please contact us at [email protected] to discuss what this means for you. 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. By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
1.2 The TutorHive Website, App and Marketplace is owned and operated by The Hive Corporation Ltd, trading as TutorHive. Hive Corporation Ltd is a limited liability company registered in England and Wales under company number 12735078. TutorHive's registered office is at Unit 21A Stadium Business Centre, North End Road, Wembley, HA9 0AT (“we”, “our”, or “us”). TutorHive's other contact details are set out on the Website, which is at https://tutorhive.online.
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 and are further discussed in our Privacy Notice. Your privacy is important to us and you should read our Privacy Notice to understand how we collect, use and share information about you.
1.4 By registering on or using our Website, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every User should read them fully before agreeing to them. (Please print or save these terms for future use as TutorHive will not keep a file copy specifically for the User and TutorHive cannot guarantee that they will remain accessible on the Website in future.) If a User does not wish to be bound by these terms, they should not use the Website.
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 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the TutorHive application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
1.8 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “TutorHive” name, or any of the “TutorHive” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to TutorHive.
1.9 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of TutorHive’s materials and content, the Service, TutorHive name and/or trademarks, other than as set out in these Terms of Service.
2. TutorHive Rights & Responsibilities
This clause sets out what TutorHive promises 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
2.2 To maintain a functioning Website, including communication systems, a booking platform and Online Classroom, wherever possible. TutorHive cannot guarantee that the Website 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 endeavors (which means to try hard!) to keep the Website free from viruses and worms.
2.5 To use reasonable endeavors to check the identity of all Tutors and the background checks of Tutors who have Background Checked Status. (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 TutorHive considers appropriate to protect Students' and Tutors' information.
2.13 To monitor postings made on the Website and messages sent between Students and Tutors. TutorHive 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.
2.14 To allow you to offer, buy and sell items in an easy way relating to educational materials using our Marketplace feature on the App.
3. User Responsibilities – this applies to both Students and Tutors, and anyone else who uses the Website and/or App
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 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 TutorHive any defamatory, offensive or illegal material they view on the Website.
3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. TutorHive cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.
3.5 Users must contact TutorHive 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 TutorHive that they believe their password has been compromised.
3.6 Users must not use the Website with the intention of engaging directly with other Users outside of the TutorHive environment. Users must not promote opportunities or services of any company other than TutorHive on the Website.
3.7 Users agree to abide by the Privacy Policy provided through the Website.
3.8 Any User who fails, in TutorHive’s opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. TutorHive reserves the right to cancel any existing bookings in such circumstances.
3.9 Users are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 3.9.
4. Student Responsibilities
4.1 To access our Services, a User must register with us and set up an account with a username and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.TutorHive 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 book a Tutor for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via TutorHive. TutorHive 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. TutorHive will contact Students by email. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at [email protected] straight away to let us know.
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. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person.
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 TutorHive 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 TutorHive accepts no liability in relation to the Tutor’s provision of lessons.
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, TutorHive 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 TutorHive has barred the Student or Tutor in accordance with clause 4.14, all future Lessons within the Student Restriction Period with a Tutor found through the Website will be booked through TutorHive.
4.10 Students must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student’s home, the Student must provide a suitable setting for tuition.
4.11 Students must use their own judgement about the services of Tutors detailed on the Website. Although TutorHive 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.
4.12 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.
4.13 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 TutorHive failing to provide the services outlined in clause 2.2 of these terms and conditions.
4.14 Any Student who fails, in TutorHive's reasonable opinion, to comply with these terms and conditions may be immediately barred from using the Website and any related services. TutorHive reserves the right to cancel any existing Bookings in such circumstances.
4.15 Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than 12 hours' notice.
4.16 Nothing in these terms and conditions affects a Student's statutory rights.
4.17 Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
4.18 Subject to paying for any Bookings used, a Student may cease to use the TutorHive service at any time.
4.19 You can sell your educational related items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a User of the Service purchases such Sale Item, this is a “Sale Transaction”.
4.20 Sale Transactions may only take place via TutorHive’s third party payment providers – Stripe (https://www.stripe.com/ )
4.21 Where you use Stripe to make or receive payment for a Sale Transaction, you will need a TutorHive account to use the Service. If you are under 18 and do not have your own TutorHive account, and plan to use a parent’s or third party’s TutorHive account, you undertake that you have express permission to use such parent’s or third party’s TutorHive account in relation to each and every transaction undertaken on our Service.
4.22 To safeguard the interests of our Users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment method offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our rules and can result in, among other things, suspension or termination of your access to the Service.
4.23 Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.
4.24 We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of a Sale Item.
4.25 As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.
4.26 When using the Marketplace Service you must not (‘Rules of Acceptable Use’):
4.26.1. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
4.26.2. Give any false or misleading information in your Account details.
4.26.3. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
4.26.4. Use the Service if we have suspended or banned you from using it.
4.26.5. Send junk, spam or repetitive messages.
4.26.6. Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
4.26.7. Modify, interfere, intercept, disrupt or hack the Service.
4.26.8. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
4.26.9. Collect any data from the Service other than in accordance with these Terms of Service.
4.26.10. Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as TutorHive may decide in its absolute discretion.
4.26.11. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
4.26.12. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
4.26.13. Offer to sell or buy any of the items we list as prohibited items - items - TutorHive has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
4.26.14. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe available through the Service.
4.26.15. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in section 4.28).
4.26.16. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
4.26.17. Mine data, screen scrape or crawl any part of the Service.
4.26.18. Disassemble, decompile or reverse engineer any part of the Service.
4.26.19. Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of TutorHive
4.26.20. Circumvent any technical measures implemented to protect or provide the Service.
4.26.21. Use any third party’s TutorHive or Stripe account unless you have express permission from them to do so.
4.26.22. Use the service to drop ship
4.26.23. Any content that the seller creates and publishes or sells on Marketplace should be checked for copyrights by the seller. TutorHive has no responsibility and holds no liability for copyright infringement and it is solely responsible by the seller of the material.
4.27. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
4.27.1. immediate, temporary or permanent withdrawal of your right to use our Service;
4.27.2. issuing of a warning to you;
4.27.3 legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4.27.4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.27.5. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service without notice to you.
4.27.6. The responses described in section 4.6 are not limited, and we may take any other action we reasonably deem appropriate.
4.28 -
1. The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any, and shipping costs) in respect of any Sale Transaction (the “Commission”).
2. Stripe may charge you an additional fee and you should ensure you are familiar with Stripe's terms of use which you will have agreed to when you set up your TutorHive account.
3. Our Commission with be deducted from your Stripe account.
4. Stripe will provide the seller of the Sale Item with an invoice detailing the Commission.
5. The Commission is inclusive of VAT or other sales taxes (where applicable).
5. Tutor Status and Responsibilities
5.1 Tutors are not employees of TutorHive and 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 UK on a self-employed basis.
5.4 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.
5.5 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 disclose any criminal convictions or cautions they may have to TutorHive, 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.
5.7 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.
5.8 Any Tutor who, in TutorHive's opinion, fails to comply with these terms and conditions may be immediately barred from using the Website and related services. TutorHive reserves the right to cancel any existing Bookings at any time in such circumstances.
5.9 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.
5.10 Tutors are responsible for setting their own Tutor Fee. They must not undercut TutorHive 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 TutorHive.
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. TutorHive 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 TutorHive and Users promptly.
5.13 For any meetings (including lessons, trials or assessing student need) with a Student found via TutorHive's Website, Tutors must make a Booking to account for this time using the Website. Tutors agree not to solicit Students or disintermediate TutorHive, or attempt to solicit Students or disintermediate TutorHive, 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 TutorHive 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 TutorHive failing to provide the services outlined in clause 2.2 of these terms and conditions.
5.20 Tutors are responsible for ensuring that they have the correct Lesson location and are at the Lesson location ready to teach at the agreed time as booked on the Website. 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. Payment
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 Timetable 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 TutorHive, and TutorHive’s Platform Fee. All fees include any applicable VAT or other sales tax.
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 85-90% of the Lesson Fee due for that Lesson (the “Tutor Fee”). The percentage of the Lesson Fee that represents the Tutor Fee, received by TutorHive 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 TutorHive to instruct Stripe to charge their credit/debit card 24 hours before 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 will be taken out.
6.7 If any Student makes a Complaint (claiming for a Missed Lesson, raising a refund request), 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 with a valid reason (whether in person or via the Online Classroom, as applicable), the Student will be charged the full Lesson Fee.
6.10 Payment processing services on TutorHive'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 TutorHive'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 TutorHive with accurate and complete information about themselves and, where relevant, their business, and each Tutor authorises TutorHive 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 at the end of each month, provided the relevant ID has been provided and passes Stripe’s verification process.
6.12 Tutor’s earnings may be held in Escrow until Stripe’s verification requirement is completed.
7. Cancellations
7.1 A Student may cancel a Booking at any point 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 12 or more 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 charge. TutorHive leaves it to the Tutor's discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student 50% of the Lesson Fee, as displayed at the time of confirming their Booking. Unless instructed otherwise by the Tutor, TutorHive will, as the Tutor’s agent, automatically instruct Stripe to charge 50% of the Lesson Fee and payment will be processed in accordance with these terms and conditions.
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 Fee or, if the Student has paid the Lesson Fee, will receive a full refund.
7.6 Bookings cannot be cancelled after the Lesson has started.
8. Missed Lessons, Complaints & Disputes
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). If you have a dispute with us relating to the Service, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally.
8.2 A Student should inform TutorHive of a Complaint by either phone or email within 96 hours after the scheduled finish time of the relevant Lesson.
8.3 When a complaint has been received from a student, TutorHive 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 TutorHive of a complaint within 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform TutorHive 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, TutorHive, as the agent of the Tutor, will instruct Stripe to process a full refund to the Student of the Tutor Fee. TutorHive 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. TutorHive 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 TutorHive of a complaint more than 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform TutorHive by email or phone of their desire to uphold the complaint (and authorise TutorHive on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact TutorHive within 48 hours to uphold the complaint, TutorHive, 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, TutorHive accepts no liability in relation to complaints and the services provided by a Tutor.
8.7 Should TutorHive find that a Missed Lesson occurred due to any failure of TutorHive to meet the terms set out in clause 2 of these terms and conditions, TutorHive will refund the Student any Platform Fee paid.
8.8 TutorHive 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 TutorHive’s discretion.
9. Failed Payments
9.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by TutorHive, has been unable to make a successful charge against the payment details provided by the Student.
9.2 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 TutorHive to automatically instruct Stripe to retry the charge.
9.3 The Student can also give TutorHive consent by phone, email, SMS or support messages to instruct Stripe to retry payments for any outstanding Failed Payment.
9.4 As the agent of the Tutor, TutorHive 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).
9.5 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, TutorHive 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.
9.6 As the agent of the Tutor, TutorHive 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.
9.7 The Student accepts that TutorHive reserves the right to pass bad debts for TutorHive’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected.
9.8 TutorHive will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.
Disputes with other Users relating to a sale transactions
9.9 TutorHive 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 TutorHive.
10. Child Protection
10.1 TutorHive seeks to provide the best service possible and provide a safe experience in which children can learn.
10.2 Any User who is the parent of a child under the age of 18 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.
10.3 All Tutors 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:
10.4 If any User has a concern regarding child protection, they should contact TutorHive immediately.
10.5 TutorHive's designated Child Protection Officer is Rushab Shah.
11. Disclaimers and Limitation of Liability
11.1 Nothing in these terms and conditions in any way limits or excludes TutorHive's liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
11.2 All Users must give TutorHive a reasonable opportunity to remedy any matter for which TutorHive is potentially liable before incurring any costs remedying the matter themselves.
11.3 TutorHive 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 TutorHive 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.
11.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage TutorHive suffers arising from the User's breach of these terms and conditions or misuse of the Website (subject of course to TutorHive's obligation to mitigate any losses).
11.5 The following clauses apply only if the User is not a consumer:
• To the extent allowed by law, the User and TutorHive 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 TutorHive includes its employees and agents.
• TutorHive'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 TutorHive's negligence) will TutorHive be liable for any:
o economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
o loss of goodwill or reputation;
o special, indirect or consequential losses; or
o damage to or loss of data (even if TutorHive has been advised of the possibility of such losses).
• the User will indemnify TutorHive 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.
12. Intellectual Property
12.1 When submitting material to TutorHive, Students and Tutors also grant to TutorHive a worldwide, non-exclusive, royalty-free, non-terminable, perpetual licence to use, copy, reproduce, modify, distribute, re-format, publish, translate, licence, sub-licence, assign, transfer, exploit, show in public and create derivative works from that material anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
13. Changes to these terms and conditions
13.1 TutorHive may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.
14. Governing Law, Jurisdiction & General Principles
14.1 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 English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
14.2 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.
14.3 We may assign any of our rights and obligations under these Terms of Service.
14.4 These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and TutorHive.
14.5 TutorHive will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances TutorHive will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and TutorHive’s other commitments.
14.6 No third party or (except, where applicable, the permitted assign of TutorHive) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.7 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
14.8 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
14.9 You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at [email protected] from the email address linked to your account.
14.10 We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
14.11 Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
14.12 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
14.13 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
14.14 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at [email protected] with the subject line 'Terms of Service'.
14.15 We value hearing from our Users, and are always interested in learning about ways we can improve our Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any remuneration to you.
15. Definitions
15.1 “Booking” means the booking attached to an individual Lesson on the Website.
15.2 “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 TutorHive, or, that there was a Missed Lesson or if an issue arises relating in the Marketplace relating to the sale of good(s).
15.3 “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.
15.4 “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. TutorHive 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”.
15.5 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which Stripe, as instructed by TutorHive, has been unable to make a successful charge against the payment details provided by the Student.
15.6 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.
15.7 “Lesson Fee” means the combination of the Tutor Fee and the Platform Fee.
15.8 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.
15.9 “Online Classroom” means TutorHive’s own online lesson space which is made available to Users at the time of booked Online Lessons.
15.10 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through TutorHive’s Online Classroom.
15.11 “Platform Fee” means the fee charged by TutorHive to Students for the provision of TutorHive’s services.
15.12 “Review” means any review, comment or rating.
15.13 “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.
15.14 “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.
15.15 “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.
15.16 “Tutor” means a User who has registered a tutor account on the Website.
15.17 “Tutor Fee” means that part of the Lesson Fee which is collected by TutorHive as agent for the Tutor as described in clause 6.4.
15.18 “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.
15.19 “TutorHive” means the company The Hive Corporation Ltd (company no. 12735078) trading as TutorHive with its registered office address at Unit 21A Stadium Business Centre, North End Road, Wembley, HA9 0AT.
16. Sharpen
16.1 Children under the age of 13 are not permitted to create an account or otherwise use the Services. When accessing Sharpen or its Services, you must also be over the legal age required by the laws of your country to create an account or otherwise use the Services. By accepting these Terms, accessing Sharpen or using the Services you confirm you are over the legal age in your country. In addition, if you are under 18, by created an account on Sharpen you confirm that you have the consent of your parent or guardian to use Sharpen Services and, in particular, to make any purchases through Sharpen. If you are accepting using the Services on behalf of another legal entity (such as a business, government or academic institution), you are agreeing to the Terms on behalf of both yourself and that legal entity, and you represent that you have full legal authority to bind such entity to these Terms.
16.2 Sharpen helps you learn through connecting people and sharing notes. Sharpen Services allow you to collaborate through e-learning content and communication, whether for academic, business, or personal purposes.
Sharpen grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
● license, sell, transfer, assign, distribute, host, or otherwise commercially exploit, Sharpen, the Services, Sharpen website, or any content made available through Sharpen website or Sharpen;
● modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services, Sharpen or Sharpen website; or
● access Sharpen or Sharpen website or any content made available through the same in order to build a similar or competing website, product, or service, unless otherwise agreed or licenced by us.
Specifically, you are not permitted to use Sharpen or Sharpen website (including the mobile app, any webpage and/or data that passes through Sharpen web domain(s)), its underlying computer programs (including application programming interfaces (“APIs”)), domain names, URLs, databases, functions or its content other than for private, non-commercial purposes. The use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from Sharpen or Sharpen website for commercial purposes (“scraping”) is strictly prohibited.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of Sharpen or the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
16.3 You are solely responsible for the security of your Account. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Sharpen security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You must maintain the security of your Account and we recommend you use a strong password that is unique to your Account and not used across other websites or services.
If you discover or suspect that someone has accessed your Account without your permission, or if you use a password which becomes compromised due to its use on another website or service, you must notify us immediately at [email protected].
You will not license, sell, or transfer your Account without Sharpen prior written approval. p>
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Sharpen reasonable opinion you have failed to comply with any of the provisions of these Terms.
16.4 Sharpen’s website and the Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”).
We are the owner or the licensee of all intellectual property rights in Sharpen site, the material published on it and the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Sharpen site for your personal use and you may draw the attention of others within your organisation to Content posted on Sharpen site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Sharpen’s status (and that of any identified contributors) as the authors of Content on Sharpen site must always be acknowledged.
You must not use any part of the Content on Sharpen site for commercial purposes without obtaining a licence to do so from us or Sharpen licensors.
If you print off, copy or download any part of Sharpen site in breach of these terms of use, your right to use Sharpen site will cease immediately and you must, at Sharpen option, return or destroy any copies of the materials you have made.
The Content on Sharpen’s site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Sharpen site.
Although we make reasonable efforts to update the information on Sharpen site, we make no representations, warranties or guarantees, whether express or implied, that the content on Sharpen site is accurate, complete or up to date.
16.5 Use of Sharpen, the Services, or Sharpen Content, allows you to create your own content (such as notes, graphics, documents and other derivative works), as well as submit or upload content of your own through your Account (collectively “Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
Whenever you make use of the Services, or a particular feature, to create or upload Your Content onto Sharpen site, you must comply with Sharpen Acceptable Use Policy and Community Guidelines.
By submitting Your Content within Sharpen or through the Services, you represent and warrant that such contribution does apply with those policies and that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Content which you post on Sharpen will be visible to all members of your created session, unless you tag that post as private. Users who have purchased certain Premium Features may have access to additional controls allowing them to restrict who, and on what basis, other users of Sharpen can see their content.
Unless you have marked Your Content as private, when you submit Your Content through Sharpen, you acknowledge that such content may be considered non-confidential and non-proprietary. You retain any ownership rights you have in Your Content, but you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Sharpen Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in Sharpen sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of Sharpen Acceptable Use Policy, Community Guidelines, or if you otherwise create liability for us. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Sharpen site constitutes a violation of their intellectual property rights, or of their right to privacy.
16.6 These include the interactive services provided as part of Sharpen, or on Sharpen website, including Sharpen’s collaborative tools, interactive pdf documents, chat rooms, bulletin boards, comments, public feedback pages, any services yet to be added to Sharpen’s functionality and such other services which allow you to interact with other Sharpen users (“Interactive Services”).
Use of all Interactive Services is subject to both Sharpen Acceptable Use Policy and Community Guidelines and you agree and warrant that any contribution you make through the Interactive Services does apply with those policies. All views expressed by users on Sharpen site do not represent Sharpen views or values.
We will do Sharpen best to assess any possible risks for users from third parties when they use any interactive service provided on Sharpen site. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Sharpen site, and we expressly exclude Sharpen liability for any loss or damage arising from the use of any interactive service by a user in contravention of Sharpen content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
16.7 Sharpen helps you learn through connecting people. Sharpen services allow you to collaborate through e-learning content, whether for academic, business, or personal purposes.
Sharpen community thrives on you, the user, communicating with others. We strive to provide a safe, friendly and collaborative space; in turn we ask that you respect others when using Sharpen and that when using Sharpen website or Services, you respect others and their rights, including by following these Terms and Sharpen Community Guidelines.
In addition, you may only use the website and Services for lawful purposes, and you will not:
• Create or submit Content that violates Sharpen Terms, Acceptable Use Policy or Community Guidelines or attempt to circumvent any content-filtering techniques we use;
• Use the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent;
• For the purposes of harming or attempting to harm any person in any way, including any acts which constitute bullying, insults, intimidation or humiliation;
• Send, knowingly receive, upload, download, use or re-use any material which does not comply with Sharpen Terms, this Acceptable Use Policy or Community Guidelines;
• Send, knowingly receive, upload, download, use or re-use any material which may be constituting plagiarism or a breach of any parties’ intellectual property rights;
• Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
• Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
16.8 Keeping Sharpen a safe, friendly and collaborative space for learning requires that we set a few house rules on how you interact with others and share content, expressions and opinions.
We require that when posting any content, expressions or opinions on Sharpen (a “Contribution”) you comply with the following standards. We at Sharpen will determine, in Sharpen discretion, whether a Contribution breaches these Community Guidelines.
Any Contribution you post through Sharpen must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the laws of England and Wales and in any country from which it is posted.
A Contribution must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Be intended to bully, insult, intimidate or humiliate.
• Promote sexually explicit material or sexual depictions of minors.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates, or is someway associated with, Sharpen or from any other company or organisation, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.
16.9 We take all breaches of Sharpen Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following:
• The immediate, suspension or permanent removal of your Account and your right to use Sharpen and the Services;
• The immediate, temporary or permanent, removal of Your Content or any other contribution uploaded by you to Sharpen site.
• Issuing a warning to you;
• Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and,
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude Sharpen liability for all action we may take in response to breaches of Sharpen Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
16.10 TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US (INCLUDING Sharpen OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS), Sharpen LICENSORS, AND Sharpen THIRD PARTY SERVICE PROVIDERS (THE “INDEMNIFIED ENTITIES”) HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF SHARPEN, THE WEBSITE OR Sharpen SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR CONTENT OR ANY OTHER CONTRIBUTION YOUR MAKE ON SHARPEN, THE WEBSITE OR THROUGH Sharpen SERVICES; OR, (D) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT TO CONTROL THE DEFENCE OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH Sharpen0 DEFENCE OF THESE CLAIMS.
16.11 Sharpen’s terms and conditions are regularly updated and TutorHive will keep up to date with this on their platform.