Terms & Conditions
1. Interpretation
1.1. Definitions:
Applicable Laws: all applicable laws, statutes, regulations from time to time in force and applicable to your use of the Platform or entering into these Conditions.
Applications: any software, applications and application program interfaces made available or provided by us for use by you or any other Member, including the Website.
Conditions: these terms and conditions.
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK.
Data Protection Policy: as set out on our Website.
Display Name: the name, words or characters by which you can be identified on the Platform by other users. If you are registered to use the Platform via a third party service (such as Google) this Display Name will default to your name as provided by you to that service provider by can be changed by you at any time.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Learner: an individual registered as a Member for the purposes of identifying and engaging with a Tutor for the provision of tutoring services, whether for themselves or for a third party.
Member: any registered user of the Platform, whether a Learner or Tutor or both (and Membership shall be interpreted accordingly).
Member Content: any text, images, video, audio or other materials and information that a Member uploads, posts, publishes or submits through their use of the Platform.
(the) Platform: any services provided for the use of Members by us including but not limited to the Applications.
Privacy Notices: as set out on our Website.
Registration Details: the information provided by you for the purposes of becoming a Member and maintaining such Membership.
Third Party Materials: any software, websites, publication, documents or other materials required to provide the Services or access to which is included in the Services which is owned or operated other than by us or you.
Tuition Fee: any charges raised or to be raised, or other consideration due to be paid in relation to the provision of any Tutor Services and, if such charge or consideration is expressed as a non-cash consideration, the Tuition Fee shall be a monetary sum equivalent to the benefit or value of the non-cash consideration as if it had been provided on an arm’s length basis.
Tutor: means any person registered as a Member (whether as an individual or through any corporate structure) offering tutoring services to Learners.
Tutorfox: means Tutorfox Ltd, a private limited company registered in England and Wales with company number 14738255 and its registered office at York Eco Business Centre, Amy Johnson Way, York, England, YO30 4AG and “us”, “we” and “our” shall be construed accordingly.
Tutorfox Materials: any content or materials created by or for us and made available in connection with the Platform or licensed or authorised for use by us or through the Platform but excluding any Member Content.
Tutor Services: the promotion, advertising or provision of any goods, resources, links or services from one Member to another for which the providing Member indicates an intention, negotiates or otherwise receives any form of benefit or remuneration from the receiving Member (whether directly or indirectly) and shall include any such similar services provided between the parties, whether through the Platform or otherwise, for a period of 12 months after the Members first engage for the provision of such services whether they continue to be Members or otherwise.
Website: www.tutorfox.co.uk
you: means you as an individual using or accessing the Platform for any purpose and, where you indicate, either through your Registration Details or otherwise through your Member Content, that your use of the Platform is for, on behalf of or at the instruction of an organisation or legal entity (such as a company, trust or partnership) such reference shall also mean such organisation or legal entity. ‘Your’ shall be interpreted accordingly.
1.2. Interpretation:
1.2.1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.2.2. Any phrase introduced by the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.3. A reference to writing or written includes email and notices from us on the Platform but excludes SMS or MMS text messages, social media messages or any other form of electronic communication.
1.2.4. Any reference to two or more parties shall, unless the context dictates otherwise, be to such parties on a joint and several basis, including any reference to you where you also represent an organisation or legal entity.
2. These Conditions
2.1. These Conditions govern your use of any aspect of the Platform and shall apply to any future use of the Platform by you.
2.2. The rights and obligations of these Conditions are in addition to and not a substitution for any rights or obligations set out in any Applicable Law.
2.3. These Conditions must be read in conjunction with any other policies that we may publish from time to time as relating to your use of the Platform.
2.4. Unless otherwise expressly stated these Conditions apply to all Members utilising the Platform.
3. Our relationship with Members
3.1. Our contractual relationship pursuant to our Services is solely with Learners.
3.2. Our legal relationship with Tutors is limited to their use of and access to the Platform and the management of any personal data that we may process in accordance with access to the Platform and providing our services to Learners.
3.3. We are not and will not be a party to any agreement or relationship that you develop with any Member other than in relation to the facilitation of communication and matching Tutors to Learners.
3.4. Any person found to be advertising or providing any Tutor Services through the Platform that is not registered as a Tutor will be removed from the Platform without notice.
4. The Services
4.1. The purpose of the Platform is to provide services to Learners for the identification, assessment and engagement of Tutors to be engaged by the Learner for the purposes of providing tuition. For the purposes of these terms, we are acting as an employment agency, as defined in Section 13(2) Employment Agencies Act 1973.
4.2. Tutorfox makes access to the Platform available to Tutors without charge for the purposes of allowing Learners to identify and match with the most suitable Tutor for their requirements.
4.3. As part of the Services to Learners Tutorfox conducts due diligence on all Tutors becoming Members including:
4.3.1. verifying each Tutor’s identity, including their right to work;
4.3.2. verifying each Tutor’s relevant qualifications;
4.3.3. obtaining references;
4.3.4. conducting an interview; and
4.3.5. verifying Disclosure and Barring Service status.
4.4. In accordance with our Privacy Notice, Tutors consent to the disclosure of the information and documents set out in clause 4.3 to any prospective Learner that requests it.
4.5. In order to provide the Services, Learners shall, where possible, provide Tutorfox with the following information which the Learner consents for Tutorfox to disclose to prospective Tutors through or on the Platform:
4.5.1. the identity of the Learner;
4.5.2. the dates on which the Learner requires the Tutor;
4.5.3. the type of Services required and requisite skills, qualifications and experience required of a Tutor.
4.6. We may, from time to time, alter or make additional services available, all of which will be governed by these Conditions unless expressly stated in writing.
4.7. In the event that we are unable to provide any of the Services listed in condition 4.3 in relation to any specific Tutor or at any time, we will make this apparent on the Platform in relation to that Tutor and Tutorfox will not be liable for any loss, damage or harm arising from any Learner’s engagement with such Tutor save to the extent that such loss, damage or harm arises from our negligent failure to make the absence of such service apparent.
4.8. The Platform is not a teaching resource in itself and is intended to facilitate the introduction and matching of Learners and Tutors and their communication.
5. Tutor Services and the Platform Fee
5.1. Any Member that wishes to advertise, promote or sell Tutor Services through the Platform must register their account with us as a Tutor.
5.2. Any Member advertising, promoting or selling any Tutor Services through the Platform, whether through direct communication with Members or through the provision of any Member Content, without first having registered as a Tutor, will be in breach of these Conditions.
5.3. Learners are responsible for paying to us a Platform Fee in consideration for us having provided the services listed in condition 4.
5.4. The Platform Fee which Learners will be responsible for paying to us in addition to the Tuition Fee payable to the Tutor is a charge equal to 15 percent of any Tuition Fee due to a Tutor.
5.5. All money due to Tutorfox must be paid through our preferred payment supplier, Stripe.
5.6. Learners are also responsible for payment of the Tuition Fee.
5.7. We recommend Tutors also receive any payments through Stripe to ensure safe and consistent processing of transactions through the Platform and a straightforward payment process for Learners to pay both the Tutor and us.
5.8. Whilst clause 5.7 is the recommended payment method for Tutors, it is at the Tutor’s discretion whether they utilise Stripe’s payment service or another payment method.
5.9. Tutorfox has no involvement in the payment from Learners to Tutors, and never handles any money due to Tutors.
5.10. Tutors shall be responsible for notifying us of Tutor Services having been provided within seven days of the provision of such Tutor Services, including:
5.10.1. the nature of the Tutor Services provided;
5.10.2. the time and date of the provision of the Tutor Services; and
5.10.3. the Tuition Fee due to be paid by the Learner to the Tutor.
5.11. Tutors shall, within seven days of Tutorfox’s written request, provide us with a copy of their invoice for the Tuition Fee (produced by Stripe on the Tutor’s behalf), addressed to the Learner; and Stripe will (on our behalf) issue an invoice to the Learner for the relevant Platform Fee.
6. Payment
6.1. All payments for the Platform Fee must be transacted through the Platform’s designated independent payment provider, Stripe (the Stripe System). We are not responsible in any way for the provision of the Stripe System and your use of the Stripe System is subject to the terms and conditions of the agreement provided by Stripe.
6.2. As part of the services we make the Stripe System available to Tutors to facilitate the easy payment by Learners of both the Tuition Fee and the Platform Fee.
6.3. If you pay the Tuition Fee and the Platform Fee via the Stripe System, the Tuition Fee will be sent directly to the Tutor by Stripe.
6.4. All sums due to us shall be calculated and paid in GBP Sterling at the applicable exchange rates utilised by Stripe for currency conversion from time to time.
6.5. We may adjust our charges on notice to you, such notice to be communicated through the Platform or by email.
6.6. In the event that payment of the Platform Fee is not made within 30 days of the date that such payment becomes due as set out in the relevant invoice we shall be entitled to charge interest on any sums due at the rate of 8% above the base lending rate of the Bank of England from time to time.
7. Tutor Members – Engagement with Learners
7.1. In consideration of access to the Platform, Tutors shall comply with the conditions of this clause 7.
7.2. Any Member advertising or offering any services for sale through the Platform must be registered as a Tutor and provide such information to us as we may reasonably request in order for us to provide our services to Learners.
7.3. Tutors must notify us as soon as reasonably possible of any changes in their contact details or the basis of any charges or services being offered to Learners.
7.4. Tutors are responsible for ensuring that all information on the Platform about them, the services that they offer and the basis of their charges is accurate and up to date at all times.
7.5. Tutors shall notify us of any engagement reached with a Learner for the provision of any service by the Tutor (whether directly or indirectly) to the Learner including, but not limited to:
7.5.1. the nature and scope of the proposed services;
7.5.2. the basis of the charges agreed with the Learner; and
7.5.3. the proposed time and date of delivery of the services.
7.6. Without limitation to any legal definition or interpretation as to the formation of a contract between a Learner and a Tutor, an engagement shall be deemed reached, for the purposes of these Conditions, when one party offers to make or receive any services and the other party accepts such offer, whether such offer is in writing or otherwise and whether any further terms of such engagement are agreed or not.
8. Member Contact outside the Platform
8.1. The purpose of the Platform is to introduce and match Learners and Tutors.
8.2. Members are not obliged to utilise the Platform for the facilitation of the Tutor Services.
8.3. In recognition of the services being provided by us, all Members agree that they shall not, for a period of 12 months after introduction to another Member through the Platform, solicit or engage in the provision of any services other than in accordance with these Conditions or without otherwise declaring such service to us.
9. Safeguarding and Security
9.1. While we use reasonable endeavours to ensure that the Platform is safe to use and the contents of posts and communication is appropriate and complies with clause 14, you must remember that we do not control and shall not be responsible for any content, resources, advice or any other communication provided by any Member and you must satisfy yourself as to the suitability of such content, resources, advice or communication for your purposes.
9.2. While we take great care to ensure the security of the Platform, chat and message facilities are not routinely encrypted and therefore no sensitive personal or financial information should be discussed or included within such facilities.
9.3. If you choose to allow any child (under the age of 18 years old) or vulnerable adult to access any aspect of the Platform or to interact with any other Member you should take reasonable precautions to protect such child or vulnerable adult from inappropriate language or behaviour. In particular we recommend that no child or vulnerable adult engages in any interaction with another individual through the Platform without a responsible supervising adult being present in the room.
9.4. If you have any concerns as to the behaviour or language of any Member, particularly towards or in relation to a child or vulnerable adult, please report it to our Designated Safeguarding Lead, Anna Sinclair, at hello@tutorfox.co.uk.
10. User Accounts
10.1. The Platform is made available to individuals who are 18 years and older who can legally enter into binding contractual commitments under the Applicable Laws of the jurisdiction in which they are physically located when accessing the Platform.
10.2. Your Registration Details for your Membership must be true, accurate and complete and you must keep them up to date as and when such information changes.
10.3. You must only have one Membership but Members can be registered as both a Learner and a Tutor.
10.4. You are responsible for ensuring that any Display Name that you select does not infringe the Intellectual Property Rights of any third-party, is not otherwise unlawful and complies with clause 14.
10.5. You are responsible for maintaining the security of your username and password (or the security information applicable to any third-party service through which you access the Platform) and shall be responsible and held liable for any and all actions and activities conducted through the use of your Membership whether or not authorised by you.
10.6. We may, at our absolute discretion, suspend or terminate your access to the Platform without notice to you if we have reason to suspect that:
10.6.1. your Registration Details are inaccurate or untrue or impersonate another person (whether that other person is a Member or not);
10.6.2. you have more than one Membership;
10.6.3. your account has been accessed by a third party; or
10.6.4. your username and/ or password have been disclosed.
11. Self-Employment
11.1. All Tutors on the Platform are self-employed and are responsible for their conduct with Learners.
11.2. Tutors are responsible for their own tax affairs and we recommend Tutors have own liability insurance in place.
11.3. At our discretion, we may require Tutors to provide their National Insurance and Unique Tax Payer Reference on behalf of HMRC.
12. Changes to these Conditions and the Services
12.1. We may revise these Conditions at any time without reference to you and will provide notice of such changes through the Platform and your continued use of the Platform shall constitute your acceptance of any such revision.
12.2. We may update and change the content, layout or operation of the Platform from time to time without reference to you.
12.3. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
12.4. While all reasonable efforts are made to ensure that the Platform is available for the maximum amount of time we cannot guarantee that the Platform or any content on it, will always be available or be uninterrupted.
13. Third-Party Links and Services
13.1. Subject to any user restrictions imposed by us, you may link to any part of the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3. No aspect of the Platform can be framed on any other site.
13.4. We reserve the right to withdraw linking permission without notice.
13.5. Where the Platform or any content on the Platform includes links to any other websites or resources provided by third parties these links are provided for your information only.
13.6. We do not have any control over the content of any third-party sites or resources and will have no liability to you in respect of your use or accessing of any such third-party sites or resources.
14. Viruses
14.1. Whilst we do our best to ensure the Platform is safe as outlined in our Data Protection Policy, we cannot guarantee that the Platform will always be secure or free from bugs or viruses.
14.2. You are responsible for configuring your information technology, computer programmes and platform in order to access and use the Platform. You should use your own virus protection software.
14.3. You must not misuse any aspect of the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which any aspect of it is stored or any server, computer or database connected to the Platform.
14.4. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this condition in the United Kingdom, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities in any relevant jurisdiction and we will co-operate with those authorities by disclosing your identity to them.
14.5. In the event of any breach of either 14.3 or 14.4, your right to use the Platform will cease immediately.
15. Acceptable Use
15.1. It is a condition of your use of the Platform that you will not, and agree that you will not assist or allow any third party to:
15.1.1. infringe any third party’s Intellectual Property Rights;
15.1.2. upload any content that is indecent, libellous, defamatory, invasive of the privacy rights of others, abusive, illegal or otherwise might reasonably be considered to be to be objectionable;
15.1.3. submit or transmit any content that might reasonably be considered to be pornographic;
15.1.4. solicit personal information from anyone under the age of 18;
15.1.5. behave or communicate towards any other person in any way that might reasonably be considered to be threatening, harming or harassing;
15.1.6. promote or advocate the use of violence or force for any political or religious purpose;
15.1.7. promote, incite or encourage any criminal activity;
15.1.8. violate any Applicable Law in any jurisdiction relevant to your use of the Platform; or
15.1.9. use the Platform for the sending of bulk emails, advertising or surveys, whether commercial in nature or otherwise;
15.1.10. use any device, software or routine that interferes, where by intention or otherwise, with the proper working of the Platform;
15.1.11. authorise any third party to use the Platform through your Membership;
15.1.12. breach any of these Conditions;
15.1.13. behave in any manner that we consider to be unsuitable or incompatible with the purpose of the Platform and the continued safe and productive enjoyment of the Platform by our Members.
15.2. We shall be solely responsible, at our sole discretion, for determining whether any action or inaction is in breach of the terms of this clause 15 and shall be entitled, at our sole discretion to terminate or suspend your Membership or remove any Member Content without notice to you if we suspect a breach of this clause 15.
16. Intellectual Property Rights
16.1. We are the owner or the licensee of all intellectual property rights in the Tutorfox Materials, including the Platform itself. Those works are protected by copyright laws and treaties around the world and all such rights are reserved.
16.2. Subject to and conditional upon compliance with these Conditions, we grant to you a limited, personal, non-exclusive, non-transferable, non-sub licensable and terminable license to access and use the Platform.
16.3. Except as expressly set out in these Conditions, you may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to any format, distribute, frame, reproduce, republish, download, display, post, transmit, transfer, license, display or sell in any form or by any means, in whole or in part, the Tutorfox Materials or another Member’s Content without our prior express and written permission.
16.4. By transmitting, transferring or publishing any Member Content on the Platform you hereby represent and warrant that:
16.4.1. either:
a) you are the sole and exclusive owner of the Intellectual Property Rights associated with such Member Content; or
b) you are have all the rights, licenses, consents and releases that are necessary to use, publish or transmit such Member Content on the Platform; and
16.4.2. that your use, publishing or transmitting of such Member Content on or through the Platform will not infringe, misappropriate or violate the Intellectual Property Rights or any third party anywhere in the world or result in a violation of any Applicable Law or regulation.
16.5. If you become aware or reasonably suspect that any Tutorfox Materials or Member Content infringes yours or any third party’s Intellectual Property Rights or is in violation of any Applicable Law or regulation you must notify us immediately using the contact details set out in these conditions.
16.6. You agree to indemnify us on a full indemnity basis for all losses, costs and expenses suffered or reasonably incurred by us a result, direct or indirectly, of your breach of any of the conditions in this clause 16.
17. Limitation of Liability
17.1. Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law in the jurisdiction applicable to your use of the Platform.
17.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.
17.3. We will not be liable to any Member for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
17.3.1. use of, or inability to use, the Platform;
17.3.2. the conduct or actions of any Member; or
17.3.3. use of or reliance on any content displayed on the Platform, whether Tutorfox Material or Member Content.
17.4. If you are using the Platform in a business capacity please note that in particular, we will not be liable for:
17.4.1. loss of profits, sales, business, or revenue;
17.4.2. business interruption;
17.4.3. loss of anticipated savings;
17.4.4. loss of business opportunity, goodwill or reputation; or
17.4.5. any indirect or consequential loss or damage.
17.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.
17.6. We assume no responsibility for the content of any Member Content or any third party websites or resources. Such content or links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
17.7. Notwithstanding any other provision in these Conditions but subject to the law applicable to your use of the Platform, our total liability to you in relation to your use of or access to the Platform shall not exceed the greater of:
17.7.1. £100; or
17.7.2. the aggregate amount of any sums actually received by us from you in respect of your use of the Platform in the six months period immediately preceding the date on which such liability is deemed to have arisen.
18. Data Protection
18.1. We obtain and process your personal data (as defined in the Data Protection legislation) in accordance with our Privacy Notices and Data Protection Policy.
18.2. By using this Website you are agreeing to this processing and warrant that all data provided by you is accurate, correct and up to date.
19. Termination
19.1. You may terminate your Membership, your use of the Platform and your agreement with us (including these Conditions) at any time.
19.2. We may suspend or terminate your Membership and/ or your use of the Platform or any part of it at any time without notice to you and without incurring any liability to you.
19.3. Without limitation to clause 19.2 we may terminate your Membership and may delete your account if:
19.3.1. we reasonably suspect that you have breached any term of these Conditions;
19.3.2. your account has been inactive for longer than 12 months.
19.4. Your account information will be held in line with our retention schedule.
20. Entire Agreement
This agreement constitutes the entire agreement between us and the Members and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the Platform. No variation of these Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
21. Assignment
21.1. We may at any time assign or deal in any other manner with all or any of our rights under our contract with you and may subcontract or delegate in any manner any or all of our obligations under any such contract to any third party or agent.
21.2. You shall not assign, transfer or deal in any other manner with any or all of your rights or obligations under any contract in relation to your Membership or use of the Platform.
22. Severance
If any provision or part-provision of these Conditions is deemed to be or becomes invalid, illegal or unenforceable in any jurisdiction, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Conditions.
23. Waiver
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy or prevent or restrict the further exercise of that or any other right or remedy.
24. Partnership or Agency
No aspect of the provision of any services, the availability of the Platform or your or any other Member’s use of the Platform is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of the other party.
25. Third parties
A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
26. Dispute Resolution
26.1. We want you to enjoy your use of the Platform and, therefore, we are keen that we resolve any dispute or dissatisfaction reasonably and efficiently. We therefore ask that, if you have any concerns, disputes or claims in relation to these Conditions or your use of the Platform, you contact us using the details set out in clause 31 so that we can work with you to resolve any such issues and you must allow us up to 30 days for us to do so to your reasonable satisfaction.
26.2. Tutorfox shall have no involvement in any dispute, however so arising, between a Learner and Tutor.
26.3. Notwithstanding clause 26.2, Tutors shall inform Tutorfox of any dispute they have with a Learner within 7 working days and continue to regularly update us until the dispute has been resolved.
27. Arbitration
27.1. If we have not resolved our issues within 30 days of receiving your notice then you may notify us that you wish to escalate the dispute to arbitration.
27.2. Should we be unable to resolve any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, you may refer such dispute to be finally resolved by arbitration under the London Court of International Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause 26 and can be found here.
27.3. The number of arbitrators shall be one.
27.4. The seat, or legal place, of arbitration shall be London, England or such other place as we may agree between us.
27.5. The language to be used in the arbitral proceedings shall be English.
28. Court Proceedings and Jurisdiction
28.1. While these Conditions, your use of the Platform and any dispute or claim shall be governed by and construed in accordance with the laws of England either party may issue legal proceedings in respect of these Conditions or your use of the Platform or any other dispute or claim arising in relation to the Platform in either:
28.1.1. the courts of England and Wales; or
28.1.2. the courts of the jurisdiction in which you were resident at the time of the facts or use of the Platform giving rise to such dispute or claim arose.
29. Governing Law
29.1. These Conditions, your use of the Platform and any dispute or claim, including non-contractual disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England.
29.2. The application of English law to these Conditions is not and shall not be intended to waive or vary any of your statutory rights in the jurisdiction in which you live that cannot be legally waived or varied.
30. Language
30.1. These Conditions are drafted in the English language and the English language version of these Conditions shall prevail if these is any conflict between interpretations.
30.2. Any notice or communication given under or in connections with these Conditions shall be in English.
31. Communication from and to us
31.1. Any notice or other communication from us to you may be communicated through the Platform or by email to the email address in your Registration Details and shall be deemed received at the point of sending of an email or, if communicated through the Platform, when you next log in to the Platform.
31.2. Any notice to be sent by you to us can be sent by:
31.2.1. email to hello@tutorfox.co.uk; or
31.2.2. by post to Customer Services, Tutorfox Ltd York Eco Business Centre, Amy Johnson Way, York, England, YO30 4AG.
31.3. If sent by email a notice shall only be deemed to have received only once receipt has been formally acknowledged by us by return email or in writing.
31.4. If sent by post a notice shall be deemed to have been received at 09:00 GMT ten days after the date of correct posting.