Legal Information

TERMS AND CONDITIONS

(Relating to the use of the First Tutors: NZ Website)

You must take the time to read and understand it before registering for the First Tutors: NZ service. By registering, you accept that you are entering into a contract with us based on these Terms and Conditions. Visitors to the First Tutors: NZ service who do not register to become a Member similarly affirm that they are bound by these Terms and Conditions each time they access the First Tutors: NZ service. You should be aware that these Terms and Conditions may change from time to time in accordance with Clause 5.18 below.

Important: You must ensure that the e-mail address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change e-mail address, then you must inform us of the new address through your "My details/profile" page.

Note that we are not an internet service provider. In order to avail of the First Tutors: NZ service, you must have internet access and all the software (and skills) required for e-mail and web usage.

• 1. Interpretation
  • 1.1 In these Terms of Business ("the Terms") the following expressions shall be given the following meanings:
    • 1.1.1 "Contract" means the period during which a Tutor performs services for the Tutee as agreed between the Tutor and the Tutee.
    • 1.1.2 "First Tutors: NZ" means EduNation Ltd c/o B M Thomson FCCA, Summerdale, Head Dyke Lane, Pilling, Preston, PR3 6SJ.
    • 1.1.3 "Website" means the website operated by First Tutors: NZ.
    • 1.1.4 "Members" means Tutors and Tutees.
    • 1.1.5 "Tutee" means persons utilizing the Website with a view to entering into a formal contractual relationship with a Tutor for the provision of tuition services by the Tutor to the Tutee or the Tutee's nominee.
    • 1.1.6 "Tutor" means a person suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the Tutor on the Website with a view to entering into contracts for the provision of tuition to the Tutee or the Tutee's nominee.
    • 1.1.7 "Abuse" means, but is not limited to, breach of the Terms and the use of the Website in such a way as is, in the opinion of First Tutors: NZ, unreasonable.
  • 1.2 In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
  • 1.3 All and any business undertaken by First Tutors: NZ, a Tutor and/or a Tutee is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed in writing. No variation of these Terms shall be valid if made without the written consent of First Tutors: NZ.
  • 1.4 The use of the Website by a Tutor or a Tutee shall be deemed acceptance of and agreement to these Terms.
  • 1.5 These Terms supersede all previous terms of business.
• 2. Obligations of First Tutors: NZ
  • 2.1 The Website has been established to allow Tutees to contact Tutors and to view their profiles detailing a Tutor's experience.
  • 2.2 First Tutors: NZ will take all reasonable precautions to keep the details of Tutors and Tutees secure but will not be liable for unauthorised access to the information provided by Tutors and Tutees.
• 3. Obligations of a Tutor
  • 3.1 A Tutor warrants that he is of at least eighteen years of age, has the necessary qualifications and/or experience to provide tuition in the subjects specified by the Tutor on the Website.
  • 3.2 A Tutor shall indemnify First Tutors: NZ from all claim liabilities costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected disclosed and undisclosed arising out of any use by the Tutor of the Website.
  • 3.3 A Tutor shall accept full responsibility for the prices quoted for his services on the Website and for collection of all fees due to the Tutor from any Tutee.
  • 3.4 A Tutor will not include identifying information such as telephone number e-mail address message services identifiers voIP identifiers postal address website address or name, company name, tuition agency or organisation through which the Tutor can be contacted or any other contact information on the website or in any messages sent to other Members whether through the Website or by any other means of communication. If there is a preponderance of evidence to suggest a Tutor has successfully broken term 3.4 they will be permanently removed from our system.
  • 3.5 In responding to feedback of Tutees posted on the Website a Tutor shall not be personally abusive about a Tutee or his nominee.
  • 3.6 A Tutor accepts full responsibility for all information published by him on the Website and shall indemnify First Tutors: NZ in relation to any liability incurred by them as a result of such information.
  • 3.7 A Tutor shall secure payment from a Tutee for services provided pursuant to a Contract directly and shall not seek to recover any payment from First Tutors: NZ.
  • 3.8 A Tutor acknowledges that he is not an employee of First Tutors: NZ and accepts full responsibility for all Income Tax National Insurance and other liabilities payable in relation to any fees generated by a Contract.
  • 3.9 A Tutor's details may be provided to a tutee immediately via our quick release system, however, they are under no commitment to undertake the tuition arrangement, and no fees are due to First Tutors: NZ in this case.
  • 3.10 A Tutor undertakes to register for the First Tutors: NZ service using accurate and current information about himself - including his correct name, address, telephone number, qualifications and any other requested details.A tutor understands details entered by the tutor on the website will be publicly visible and may appear in search engine results.
• 4. Obligations of Tutees
  • 4.1 A Tutee acknowledges that it is his responsibility to verify the credentials expertise references CRB checks and qualifications of any Tutor with whom he enters into or proposes to enter into a Contract.
  • 4.2 A Tutee shall indemnify First Tutors: NZ in relation to any liability arising from a Tutee's use of the Website and all matters arising from such use.
  • 4.3 A Tutee shall not include identifying information such as telephone number e-mail address message services identifiers voIP Identifiers postal address website address company names or any other contact information in messages posted by the Tutee on the Website or in messages sent to other Members. If there is a preponderance of evidence to suggest a Tutee has successfully broken term 4.3 we will invoice the Tutee at the same rate as our Quick Buy clients payable within 10 working days (e.g. if four Tutors receive contact details, you will be billed for the Quick Buy equivalent of four Tutors).
  • 4.4 A Tutee shall not use this site to promote his/her company or to seek tuition on behalf of his/her company, nor may an agency acting for a company register to promote their services or opportunities, or a school register looking to place a tutor or staff. Companies and schools should talk to our sister service, Bright Tutors, www.brighttutors.co.uk. Tuition agencies wishing to work with us should contact us in the first instance.
  • 4.5 A Tutee acknowledges that a Contract shall be completed by his finalising the choice of Tutor and confirming that request to First Tutors: NZ via the Website whereupon the Tutee shall be liable to make payment of a fee of $14.99 immediately to First Tutors: NZ and accepts that the payment of this fee is a pre-requisite for release of the Tutor's contact details.
  • 4.6 Alternatively, a Tutee may make a payment of $30.00 or more to First Tutors: NZ for the release of a Tutor's Contact Details without finalising this choice through discussion with the chosen Tutor. In this case, First Tutors: NZ cannot guarantee the availability of the chosen tutor and will not offer a refund.
  • 4.7 First Tutors: NZ does offer to those Tutees choosing 'immediate release of a Tutor's details' outlined in 4.5 the option to register with sister service Bright Tutors free of charge so that a Tutor may be located at a fee of less than $35 per hour, should the Tutee's choice of Tutor through First Tutors: NZ be unavailable. This offer does not apply if the Tutor chosen through First Tutors: NZ is willing to tutor the Tutee. Bright Tutors does not undertake to match the price quoted by a Tutor on the First Tutors: NZ website.
  • 4.8 A Tutee must not publish any defamatory or derogatory comments concerning a Tutor on the Website or in any communications with other Members whether on the Website or through any other medium.
  • 4.9 A Tutee acknowledges that a Contract is between a Tutor and Tutee and First Tutors: NZ are not a party to such Contract and are not responsible for the performance of the Tutors obligations nor for collecting and distributing payments from a Tutee to a Tutor.
  • 4.9.1 A Tutee hereby confirms that he is not less than eighteen years of age. Tutees who are less than 18 years of age may have their tuition requests closed and their membership terminated unless they can demonstrate to First Tutors: NZ that they are able to pay for any tuition arrangement they may reach with a Tutor.
• 5 Miscellaneous
  • 5.1 The Members acknowledge the data supplied on the Website concerning distances between postcodes is calculated "as the crow flies" and no warranty is given concerning the same.
  • 5.2 The Members acknowledge that First Tutors: NZ may use data for statistical analysis and may provide this to interested third parties.
  • 5.3 Members acknowledge the right of First Tutors: NZ to restrict their access to the website for any period and if necessary permanently at the sole discretion of First Tutors: NZ and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.
  • 5.4 The Members acknowledge that First Tutors: NZ may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
  • 5.5 No Member may use the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material.
  • 5.6 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.
  • 5.7 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
  • 5.8 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.
  • 5.9 Members acknowledge that First Tutors: NZ are not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
  • 5.10 Members acknowledge that First Tutors: NZ give no guarantee that the Website is free of viruses worms or any other form of harmful components.
  • 5.11 The code, brand and intellectual property of the First Tutors: NZ Website cannot be reused without EduNation Ltd's written permission. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the First Tutors: NZ service (including the material which is contributed by Members) are owned by First Tutors: NZ. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the First Tutors: NZ service, or any of the material which is found on the First Tutors: NZ service unless properly licensed to do so by us. Please see our Copyright Notice, which forms part of these Terms and Conditions.
    By submitting any material to the content to the First Tutors: NZ service, you:
    • are representing that you are fully entitled to do so;
    • grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
    • authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
  • 5.12 First Tutors: NZ do not guarantee to secure a Tutor for a Tutee.
  • 5.13 First Tutors: NZ assume no responsibility for examination entry which is the sole responsibility of the Tutee.
  • 5.14 First Tutors: NZ accept no responsibility for any grade received by a Tutee or any consequence that examination grades entail.
  • 5.15 The total liability in contract tort (including negligence or breach of statutory duty), in misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to the price paid by the Member to First Tutors: NZ under a Contract.
  • 5.16 Non-excluded Liabilities. Nothing in these Terms and Conditions limits First Tutors: NZ's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
  • 5.17 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the First Tutors: NZ service.
  • 5.18 All Members acknowledge the right of First Tutors: NZ at their discretion to vary the features of the Website and the Terms of use at anytime. First Tutors: NZ reserves the right to change these Terms and Conditions with its Members from time to time, and post the new version on the First Tutors: NZ service. When we do so, we notify Members of the fact that there are changed terms in the News section and post a link to the new Terms and Conditions there. These Terms and Conditions, and any new version of it in the future, takes effect immediately.
  • 5.19. If a tutor or tutee is asked for, and provides, details of a credit, debit or charge card, he must ensure that he is fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
  • 5.20 As part of the registration process for the First Tutors: NZ service, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions which you must follow.
  • 5.21 Privacy policy. First Tutors: NZ's Privacy Policy forms part of these Terms and Conditions, and by agreeing to these Terms and Conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the First Tutors: NZ service (including any which contain personal information) is, of course, accessible to internet users around the world.
  • 5.22 First Tutors: NZ's Role. You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the First Tutors: NZ service or outside of it. We only provide a venue where the First Tutors: NZ Service may be accessed. In particular, you should be aware that First Tutors: NZ does not generally pre-screen or monitor the material contributed by Members.
  • 5.23 Operation of First Tutors: NZ services. First Tutors: NZ reserves the right to withdraw or modify aspects of the First Tutors: NZ service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the First Tutors: NZ service becomes inaccessible as a result of technical difficulties experienced by First Tutors: NZ or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
  • 5.24 Misuse of First Tutors: NZ service. We reserve the right (a) to suspend or terminate any Member's access to the First Tutors: NZ service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the First Tutors: NZ service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of these Terms and Conditions. Any person whose access has been suspended or terminated must not re-register for, or re-access, the First Tutors: NZ service without our prior consent. You are responsible for everything which is done on or through the First Tutors: NZ service while your Membership account is logged on to the First Tutors: NZ service, or through your e-mail address(es). In addition, we reserve the right to suspend or terminate any Member's access to the First Tutors: NZ service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member or our staff and directors, whether or not through the First Tutors: NZ service. For completeness, where we reserve a right in these Terms and Conditions, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the First Tutors: NZ service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
  • 5.25 Alerting First Tutors: NZ. If you see anything on the First Tutors: NZ which appears to infringe these Terms and Conditions, then please contact us to inform us of it. We do not generally monitor material contributed by Members before it is placed on the First Tutors: NZ service and so we are reliant upon users to point out any which infringes these Terms and Conditions.
  • 5.26 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the First Tutors: NZ service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the First Tutors: NZ service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the First Tutors: NZ service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach these Terms and Conditions, using the notification techniques which are made available on the First Tutors: NZ service.
  • 5.27 Disclaimer and Release. First Tutors: NZ has no control over or responsibility for the truth or accuracy of any material available on the First Tutors: NZ service, whether provided by Members or others.
    • If any third party sites are linked to from the First Tutors: NZ service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
    • You should exercise no lesser degree of caution in appraising what you see on the First Tutors: NZ service than you do offline.
    • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
    • Your use of the First Tutors: NZ service is entirely at your own risk.
    Accordingly, to the extent that the law permits, you release First Tutors: NZ its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the First Tutors: NZ service and the material included here by Members and other third parties.
  • 5.28 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant First Tutors: NZ service or prior to any fees being taken.
  • 5.29 Important Note: releasing a Tutor's details. If you decide to release a Tutor's details, and therefore pay our Introduction fee, you are agreeing to take the Tutor's details we make available to you promptly after that fee is paid both by e-mail and also via your Private Member's area within the First Tutors: NZ website. This means that you do not have the right to cancel your purchase during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
  • 5.30 Entire Terms and Conditions. These Terms and Conditions include our privacy policy, website disclaimer and copyright notice. Together they contain the whole of the agreement between us and you concerning the First Tutors: NZ service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
  • 5.31 Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
  • 5.32 These Terms will be subject to English Law and the jurisdiction of English Courts.

** This is calculated from the fee for the chosen tutor(s) multiplied by 1.2

PRIVACY POLICY

(Relating to the use of the First Tutors: NZ Website)

This privacy policy sets out how First Tutors: NZ uses and protects any information that you give First Tutors: NZ when you use this website.

First Tutors: NZ is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

First Tutors: NZ may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/11/2005.

What we collect

We may collect the following information:

• name and job title
• contact information including e-mail address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional e-mail about new products, special offers or other information which we think you may find interesting using the e-mail address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by e-mail, phone, fax or mail.
• We may use the information to customise the website according to your interests.
• If you are a tutor: at your request we will e-mail your contact details to tutees.
• If you are a tutee: at your request we will e-mail your contact details to tutors or educational providers.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by logging in to your member's area and changing your marketing preferences.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please e-mail us at enquiries@firsttutors.co.nz.

If you believe that any information we are holding on you is incorrect or incomplete, please login to your member's area to make a correction.

DISCLAIMER

(Relating to the use of the First Tutors: NZ Website)

The information contained in this website is for general information purposes only. The information is provided by First Tutors: NZ and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of First Tutors: NZ. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, First Tutors: NZ takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

(Relating to the use of the First Tutors: NZ Website)

This website and its content is copyright of First Tutors: NZ - ©First Tutors: NZ 2005-2010. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• you may print or download to a local hard disk extracts for your personal and non-commercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.