These Terms sets out the terms and conditions on which WizAcademy.co.uk provides its services via the website. By using the Website or our Services or registering with us, you are confirming that you agree to these Terms.
You should be aware that these Terms may change from time to time, but we will always provide you with notice if they do change.
IMPORTANT: You must ensure that the e-mail address and other contact details (such as postal address, postcode, and telephone number) we hold for you are kept up-to-date. We may need to contact you for important messages. If you change your contact details, you must inform us of the new details through your account settings.
“Website/WizAcademy” means the WizAcademy.co.uk domain.
“User” means any user of the Website or the Services.
“Tutor” means any User of our Website who registers as a Tutor.
“Client” means any User of our Website who registers as a Student.
“Services” means the services available through our online platform and Website to Users, Tutors, Clients, and Organisations (where explicitly stated).
“Organisation” means education-related organisations, agencies, schools, and any other company or entity who register as an Organisation.
“Tuition Arrangement” means an arrangement for a Tutor to perform services for a Client using learning resources, lesson plans and methodology provided by WizAcademy.
In these Terms, words importing the singular include the plural and vice versa and words importing the masculine gender include the feminine gender and vice versa.
All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other agreement, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
These Terms supersede all previous terms of business.
In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase "without limitation".
The Website and our Services are provided to help Clients access a Tutor through a Tuition Arrangement and to help Tutors and Organisations offer their services to Clients. Unless expressly stated, the Website and our Services are not provided to Organisations. Your registration confirms that you are not an Organisation and that you will not use the Website or our Services to seek or provide education-related services on behalf of any Organisation. We do, however, welcome enquiries from Organisations wishing to work with us and any such enquiries should be directed to us using our contact details as set out on the Website.
If you are a Client, the following provisions in Section 3 apply to you:
Our service : platform and website
· Our platform is accessible through the website https://www.wizacademy.co.uk/
· We make best efforts to ensure that our platform runs properly and that it is available except for periods of scheduled maintenance. Despite our best efforts, there will be times when the platform is not available for one reason or another. For that reason, we cannot guarantee – and therefore do not promise that the operation of the platform will be continuous or faultless.
· We reserve the right to modify and/or update the platform’s functionality as may be required at any time without prior notice.
· We may suspend your access to our platform at any time, irrespective of whether there are classes booked, if we believe that:
o We are required to do so by law or your continued use of our platform contravenes, or is likely to contravene, any applicable law.
o Your use of the platform violates, or is likely to violate, any other person’s rights.
o We reasonably believe you are in breach of your agreement with us.
Conduct. Users must behave with respect and consideration towards all other users of the platform and company staff. Where users have any form of dispute with one another, they should try to resolve the dispute amicably through our platform, before taking the matter any further.
Users may not engage in any behaviour which:
· Is improper, dishonourable, or disreputable.
· Is unethical in any way, including soliciting or facilitating plagiarism and/or any other form of academic misconduct.
· Is likely to cause any other person alarm, harassment, distress or is discriminatory.
· Is threatening, abusive, deceptive, or libellous in nature.
· Constitutes unsolicited or unauthorised advertising or promotional material.
· Is invasive of another user’s privacy.
You must not:
· Try and make arrangements with tutors introduced to you by WizAcademy. This includes offers to pay them privately or recruit them to work for you.
· Ask tutors to complete work for you or ask for help with assessed exams, online tests or anything else unethical.
· Bypass any measures the company may use to prevent or restrict access to the platform.
· Upload content that contains software viruses or any other malicious computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of us, any user, or any third party;
· Infringe, or attempt to infringe, the rights of any person, including those of the Company, any other user of the system as well as any third party;
· Undertake any action that is otherwise unethical, fraudulent, unlawful or criminal in nature.
Your responsibilities. It is your responsibility to verify the Credentials of the Tutor with whom you enter into or seek to enter into a Tuition Arrangement.
Before we provide a Tutor to you, we make best efforts to ensure that those tutors who sign up are suitable to the following extent:
· We ask tutors to provide, where possible, information revealing any criminal convictions that might disqualify them from teaching young people. In the case of the UK we ask for tutors to provide an enhanced check under the UK government disclosure and barring system (DBS). For tutors in other countries, we ask them to provide similar evidence.
· Have relevant teaching experience, training, qualifications, references and have completed our identification checks (Credentials).
Where carrying out best efforts checks on tutors of the kind discussed above, we have no way of making absolutely certain that all such information is genuine, but we reject any tutor where we either have not seen; or are not convinced by the evidence we have been shown.
We cannot guarantee that the information provided by the Tutor to us or to you is accurate. You agree we are not responsible if the Tutor provides you with unsatisfactory Credentials. You should check all relevant information and documents provided before you choose to enter into a Tuition Arrangement with that Tutor.
If you would like to request a refund, please contact us with full details and evidence of your request. We will give your Tutor the opportunity to respond to your request. If the Tutor does not respond within 10 days of our notice to the Tutor, you will be entitled to a refund if we determine you meet the refund requirements below. If your Tutor does respond, providing you a refund is in our sole discretion. Our refund process may take a maximum of 30 calendar days. We will reimburse you using the same means of payment as you used for the initial transaction.
You agree that we shall have no responsibility or liability related to any Tuition Arrangement or any relationship between you and any Tutor, save as may not be excluded by law. Entering or seeking to enter a Tuition Arrangement and engaging with a Tutor in any manner prior to entering a Tuition Arrangement is entirely at your own risk.
Clients under the age of 18 should not be left in the sole care of the Tutor and a parent or guardian must always be present for the duration of a tutoring session irrespective of where the tutoring is delivered. Clients over the age of 18 should inform a friend or relative of his / her plans, including the provision to a friend or relative of the name of the Tutor, times of tutoring, and the location that the tutoring is to be provided.
Duration and termination. This agreement shall start on the date your account is created and continue until it is terminated by either party giving written notice to the other, which they may do at any time and without any restriction.
Termination of this agreement does not extinguish any liabilities that have already accrued, for example you will continue to owe us for any outstanding unpaid fees. Unless otherwise stated in our terms, all other obligations on one party to the other shall cease on termination.
Exclusion of Warranties. Our platform is provided on an "as is," "where is," "as available" and "with all faults" basis and, to the fullest extent permitted by law, are provided without warranty of any kind.
We disclaim all warranties with respect to the platform, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services.
We do not warrant that the site and services will meet your requirements, or that the operation of the site and services will be uninterrupted or error-free, or that defects in the site and services will be corrected in a timely manner, or that encryption algorithms, associated keys and other security measures will be secure or effective.
Other than carrying out visual checks of certain documentation as explained under “Our service: tutors” above, we do not attempt to verify the professional background or qualifications of tutors and we make no representations or warranties as to the claims made by, or the conduct of, tutors. It is your responsibility to take reasonable precautions in your communication with each other and check your compatibility with other users of the platform.
We make no guarantee as to the outcome of tutoring services, in respect of grades achieved, qualifications received and/or certification from any educational institution. The quality and outcome of a student’s work remains their responsibility.
No advice or information, whether oral or written, obtained from us or through the site, services or collective content, will create any warranty not expressly made herein.
Liability and Damages. Acceptance of these Terms includes an agreement to indemnify the company, without limit, in respect of any claims arising out of, or relating to, tutoring services rendered by WizAcademy.
WizAcademy will not be responsible for any damages or harm which results from the interactions of users. Any class between users are done at the parties' sole risk and discretion and you agree to take reasonable precautions in all interactions to exercise common sense and sound judgement in using the platform and disclosing information, including any personal information, the provision of which is not required by the platform.
We accept no liability for the outcome of any tutoring services rendered through the platform, or any academic judgement made upon the student’s work by any educational institution or professional body with which they may be affiliated. Responsibility for the success or failure of their efforts rests entirely with the student.
We shall not be liable for any consequential, indirect or special losses or for any of the following, whether direct or indirect: loss of profit or savings, loss of opportunity or contract, loss of reputation or goodwill arising from use of the platform or associated tutoring services. We disclaim any liability for disruption to tutoring services from the unavailability or performance of the platform and will accept no liability for loss of earnings or any other detriment arising from this.
We shall not be liable for any loss or any other damages that result from a corruption of data, lost communications, loss or corruption of software or downtime of either the platform or any third-party systems.
Users are solely responsible for all of their communications with other users of the platform. The company accepts no liability for any user content or written communications between users. WizAcademy does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by users or other information made available through the platform.
WizAcademy will not be held responsible for any Tutor's failure to comply with applicable laws or regulations. In no event will WizAcademy’s aggregate liability arising out of or in connection with these terms exceed the total amount of all the fees paid by the user in relation to tutoring services. This agreement does not limit or exclude liability where such limitation or exclusion would not be permitted by applicable law.
General. Our failure to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.
If any part of these terms and conditions of use is invalid or unenforceable pursuant to applicable laws, the invalid or unenforceable provision will be deemed to be severed from these terms without affecting the remainder hereof or superseded by a valid and enforceable provision that most closely matches the intent of the original provision.
Nothing in this agreement is intended to create a partnership, or to constitute one party the agent of another. This agreement is not intended to confer any rights on third parties, and the Contracts (Rights of Third Parties) Act 1999 is hereby excluded.
Your confirmation. You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the Website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian will be the Client for the purposes of these Terms.
*** If you break these rules, we reserve the right to suspend your account and/or remove you from the platform without notice ***
Serious breaches of our terms may result in legal action, including seeking reparations for damages though the courts. Everyone who uses WizAcademy agrees to our terms and conditions when they sign up.
If you are a Tutor, the following provisions in Section 4 apply to you.
You acknowledge that you give your consent for your details to be provided to a Client and that Clients are under no commitment to undertake a Tuition Arrangement.
Client feedback. You acknowledge that Clients may submit feedback in relation to you, your profile, and your tutoring services. Clients may submit scores and written comments.
Tutor profile. You acknowledge that some information entered by you on the Website will be shared with the Clients for the provision of our services. and publicly visible and may appear in search engine results. If you do not want such information to appear in search engine results you should inform us of your choice and we will make efforts to ensure your information does not appear in search engine results, but we cannot guarantee that your information will not appear in search engine results.
Required documentation. You promise to us that you are at least eighteen years of age and can (and will on request) provide electronic scanned copies of any references, and proof of qualifications and experience, as claimed in your profile. We do not accept any ID documentation, or qualification certificates via post and you agree we will not be responsible for anything you send to us via post.
Responsibility for tax and indemnification. You agree you are not an employee of WizAcademy or any of our affiliated companies and you accept full responsibility for all Income Tax, National Insurance and other taxation or employment-related responsibilities arising in connection with any Tuition Arrangement. Accordingly, you agree to indemnify WizAcademy, without limit and on an ongoing basis, against any Income Tax, National Insurance, social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your engagements with WizAcademy or any of our affiliated companies. You agree to further indemnify WizAcademy against all reasonable costs, expenses and any penalty, fine, or interest incurred or payable by WizAcademy in connection with or in consequence of any such liability, deduction, contribution, assessment, or claim.
Professional conduct. You agree to at all times conduct yourself (in line with our Code of Conduct for Tutors, which can be found in your member's area) in a professional manner fitting of a Tutor both in your dealings with us and your Clients. Additionally, your agreeing to provide the venue for a Tuition Arrangement will be considered as your warranting to WizAcademy that said venue is clean, presentable, and in compliance with applicable law including but not limited to health and safety legislation; is generally fit for tutoring; and that you indemnify WizAcademy in this regard.
Refunds. If a Client contacts us to request a refund, we will give you the opportunity to respond to the request. If you respond to the request, you will be charged a refund fee if we decide, in our discretion, to provide a refund. If you do not respond within 10 days of our posting the request on the Website, you will be charged a refund fee. The refund fee equals the full cost of refunding the Client, which we determine in our discretion, but will not be more than the Client originally paid.
We are also entitled to charge you a refund fee if you cancel a Tuition Arrangement with a Client and the Client asks us to refund them the cost of purchasing your contact details. We are also entitled to charge you a refund fee if your Client contacts us to let us know that your Credentials are unsatisfactory.
Your conduct toward us. If you make defamatory, untrue, inaccurate, or malicious written or verbal statements about WizAcademy (including for example through a web based review site or on social media), we reserve the right to terminate our arrangement with you without notice and without liability. Where advance payment for Services has been made, we may make a pro-rata refund for the remainder of the Services not yet used or provided, but, for clarity, no refund will be made for Services already provided.
You agree you have personal liability for and indemnify WizAcademy for any loss, liability, costs (including legal costs), damages, or expenses arising from any breach by you of these Terms including any negligent or reckless act, omission, or default in the provision of your services, and, accordingly, you agree to maintain in force during your engagement full and comprehensive insurance policies commensurate with your obligations under these Terms.
You agree that WizAcademy has no responsibility or liability for your welfare at any time while you are engaged in a Tuition Arrangement, except as may not be excluded by law.
Maintaining an independent business. By using this Website and these accompanying terms generally, you warrant that you are offering services independently and not as an Organisation. If you change how you provide your services and you are no longer providing your services independently, you will notify us in writing as soon as that change occurs.
You agree that you would not offer your services privately to the clients introduced to you by WizAcademy nor would you disclose the details of financial agreement you have with WizAcademy to the client. Tutors discovered to be soliciting work (in breach of Section 4) for their own tuition centres (or similar) through the Website would be liable to financial compensation as deemed reasonable by us.
Submitting User Content. You may submit certain content to the Website, such as information on your profile, comments, feedback, messages, and any other content you may post on the Website (“User Content”). When you submit User Content to the Website, we may check whether it complies with these Terms. We may reject any of your User Content at our sole discretion. You promise to us that you accept responsibility and will compensate us for any loss or damage caused by your failure to fulfil your promises as set out in this Section.
Your Responsibilities. Not limiting the rights and protections afforded to you under applicable law regarding your personal data and not limiting your rights and protections under our Privacy Policy, by submitting User Content you:
No rights. Your use of the Website and its content grants you no rights in relation to any intellectual property (including copyrights, trademarks, and design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) (“IP Rights”) in the Website and its contents and in relation to our Services, whether owned by us or by third parties or IP Rights in any User Content submitted to the Website by other Users.
Prohibited conduct. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or distribute in any way the services, web pages or materials on the Website, or the computer codes of elements comprising the Website other than for your own personal use. You may download insubstantial excerpts of this content to your hard drive for the purpose of viewing it provided that no more than one copy of any such information is made.
Any use other than that permitted under Section 8 may only be undertaken with our prior express authorisation and / or the prior express authorisation of the holder of the relevant IP Rights. If you copy, reproduce, republish, download, upload, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or distribute in any way any content belonging to others without their permission, you will breach these Terms and may be infringing the rights of others, which may be a breach of applicable laws.
1. You have certain statutory rights in relation to the services provided by us, including the right to receive a reasonable standard of service. Nothing in this Section shall restrict those statutory rights. For further information about your statutory rights please contact your local Trading Standards Department or Citizens' Advice Bureau or the local equivalent of such bureaus.
2. If we breach these Terms we shall only be liable for losses that are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into an agreement on these Terms.
3. You agree and acknowledge that we shall not be responsible or liable for:
a. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
b. failure to provide the Website or our Services or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
4. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that the Website or any files that you download are free from viruses, contamination, or destructive features.
5. We are responsible for the provision of the Website and our Services but each Tuition Arrangement is an agreement between the relevant Tutor and the relevant Client and we are not responsible for the actions of Users or other third parties. For these reasons, you acknowledge and agree that:
a. we have no responsibility or liability in relation to any aspect of any Tuition Arrangement;
b. without prejudice to any obligation we have to conduct background checks on Tutors, we do not make any promise or representation to you as to the suitability of any Tutor;
c. it is your sole responsibility to verify the Credentials of any Tutor;
d. we have no responsibility for any grade or test score received by a Client and any consequence that a grade or test score may entail;
e. even though all Users are prohibited from doing so, some Users may provide information or otherwise behave, via the Website, in a way that is unreliable, misleading, or even illegal and some Users may not be who they say they are. Accordingly, to the extent that the law permits, you agree and acknowledge that your use of the Website and our Services is entirely at your own risk and you release us, our directors, contractors, and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of (or the User Content or other material provided by) other Users and other third parties.
6. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information and other material on the Website itself will be free from errors or omissions.
7. Although we reserve the right to monitor your use of the Website and the User Content, we may not always do so and we do not control, and are not responsible for, the User Content submitted by you or other Users of the Website and, as such, we do not guarantee the accuracy, integrity, or quality of such User Content. Furthermore, we recommend that you run anti-virus programs on any information, content, and / or User Content obtained via the Website. We will, however, seek to react quickly to any complaints regarding the Website, any User Content or other content on the Website or the conduct of other Users and we treat such complaints very seriously. If you wish to make a complaint please contact us.
8. All content and services on the Website are provided on an “as is” and “as available” basis. We do not make any promise or representation in respect of the Website or its content, including any assessment of User Content, any advice given (on a personal or general basis) and any statements made by Users, advertisers, or other third parties on or via the Website. Any decisions or actions taken by you on the basis of information provided on or via the Website are at your sole discretion and risk and you should obtain individual professional advice where necessary.
9. You promise to compensate us for all (if any) claims, liabilities, costs, and expenses (actual or consequential) that we may suffer, which arise out of or in connection with your use of the Website and / or the Services, in particular in relation to:
a. your breach of any provision of these Terms;
b. your involvement in any Tuition Arrangement (including your breach of any Tuition Arrangement); and
c. your violation of any law or the rights of a third party.
10. We may provide links from the Website to other websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links to such third party websites does not imply any endorsement of the material contained in such third party websites nor any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into. You agree that we shall not be liable to you in respect of, and that you will not invoice us in any dispute between you and a third party in relation to, any loss or damage which you may suffer by using third party websites.
11. Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £150 (150 GBP).
1. You acknowledge that the data supplied on the Website concerning distances between postcodes (in particular information about Tutors / Clients near you) is calculated “as the crow flies” (unless stated otherwise) and that we make no promise concerning the accuracy of that information.
2. We are registered as a data controller for the purposes of the Data Protection Act of 1998 and the General Data Protection Regulation. Our registration number on the register of data controllers maintained by the Information Commissioner is Z1938712. You must read our PRIVACY POLICY which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies. By accepting these Terms you are consenting to the use of your personal data as detailed in the Privacy Policy.
3. You acknowledge that we may withdraw your access to the Website or any of our Services for any period and if necessary permanently, at our sole discretion without liability to you, provided that we shall still fulfil any obligations to provide you with contact details purchased by you and to provide any Services that you have paid for (or alternatively we shall refund you for such payments).
4. We are constantly looking for new ways to improve the Website and our Services. We therefore reserve the right to amend these Terms at any time by giving you notice. We may also change these Terms for legal, regulatory, or security reasons by giving you notice. Notice will be given by means of a notice on the Website and a link to the current version of these Terms will at all times be available on the Website. For particularly important changes to these Terms, we may in addition e-mail you to bring such changes to your attention. If we change these Terms, and that change is to your detriment, you may terminate any agreement with us for us to provide Services to you by giving us NOTICE, in which case we shall refund any sums paid by you in relation to those Services to be performed after the date of change of these Terms. If we amend these Terms and the amendments require your consent for us to continue our relationship, we will seek your consent.
5. As part of the registration process, 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 that you must follow.
6. We reserve the right to withdraw or modify aspects of the Website or our Services, or the entirety of them, where we have legal or commercial reasons to do so. There may also be times when the Website or the Services become inaccessible as a result of technical difficulties. We will, however, use reasonable skill and care to overcome these difficulties where they are within our reasonable control.
7. Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
8. 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 are making the relevant purchase, prior to any fees being taken.
9. Together, these Terms and our privacy policy contain the whole of the agreement between us and you concerning the Website and our Services and replace all earlier agreements and understandings with you, provided that nothing in these Terms will limit liability for fraud. A person who is not a party to an agreement based on these Terms has no right to rely upon or enforce any provision of that agreement.
10. If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
11. These Terms and any claim or dispute (whether contractual or non-contractual) in relation to these Terms shall be governed by and interpreted in accordance with relevant United Kingdom law. If you wish to take court proceedings against us you must do so within the United Kingdom.
12. Account suspension, restriction, and termination. We reserve the right at any time to suspend, restrict, or terminate your account or your access to the Website and / or our Services and / or to remove any User Content submitted by you or others without notice at our discretion if we have reasonable grounds to believe you or a relevant third party has broken the promise made by you in these Terms or otherwise at our discretion where we have reasonable grounds for doing so.
The information contained in this website is for general information purposes only. The information is provided by WizAcademy 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 WizAcademy. 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, WizAcademy takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of WizAcademy. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited. 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.