Terms and Conditions

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MyTutor Client Terms: Group Tutoring

These terms and conditions, herein referred to as the “Client Terms” set out the terms and conditions under which My TutorWeb Limited, a company registered in England and Wales (No. 08580263) with a registered office at 35 Ballards Lane, London N3 1XW referred to in these Client Terms as “MTW” or “We” operates a website and online learning platform hosted at https://mytutor.co.uk (the “MTW Site”) and provides Tutoring Services to Students via the MTW Site. MyTutor and mytutor.co.uk are the trading names of My TutorWeb Limited.

1. YOUR AGREEMENT WITH MY TUTORWEB LIMITED

1.1. These Client Terms govern Your use of the MTW Site and the provision of Tutoring Services. If You make a booking for Tutoring Services using the MTW Site You are agreeing to these Client Terms, in addition to any other terms and conditions which may apply including the Privacy Policy and the Cookie Policy, which are incorporated by this reference. In these Client Terms, references to “You” and “Your” are references to a Student or a Sponsor as the context requires (each as defined below) registered on the MTW Site who may benefit from the Tutoring Services offered by MTW.

1.2. MTW reserves the right to change these Client Terms (or any part) at any time, effective immediately upon posting on the MTW Site. Please check this page of the MTW Site periodically and ensure that you have read it carefully and that You understand the effect of the Client Terms before proceeding to use the Services. If You disagree with any part of the Client Terms, do not use the Services or Purchase any Tutoring Services. If You are uncertain as to Your rights under these Client Terms or You want any explanation about them, please contact us.

2. DEFINITIONS

2.1. In these Client Terms (except where the context otherwise requires) the following words shall have the following meanings:

· Data Protection Legislation: means the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

· Dispute: means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Tutoring Services.

· Fees: refers to the payments made to MTW by You in respect of the Tutoring Services, as set out in an Order.

· 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.

· Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations and expenses.

· MTW Materials: refers to all content on and off the MTW Site that is owned by, or licensed to, MTW.

· Order: the order for Tutoring Services between You and MTW and incorporating these Client Terms.

· Personally Identifiable Information: any data that can be used to identify an individual.

· Sponsor: means, where applicable, the individual contracting on behalf of the Student with MTW for the provision of the Tutoring Services e.g. a Parent/ Guardian/ Carer or other person with responsibility for the Student and/ or the payment of the Fees.

· Student: means a person who will be receiving the Tutoring Services pursuant to an Order.

· Term: means the duration of the agreement between the Parties as set out in clause 12.

· Tutor: means a tutor who provides tutoring as part of the Tutoring Services provided by MTW.

· Tutorial(s): refers to the online pre-booked group tutoring session or sessions which is/are booked by You, as set out in an Order.

· Tutoring Services: means the provision of online tutoring via the MTW Site by way of group Tutorials in real-time designed to meet the requirements as set out in an Order.

· Tutor Materials: refers to content relating to the Tutoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).

· UGC: means user generated content provided, uploaded, embedded or otherwise contributed, displayed and/ or stored on the MTW Site by You for the purposes of using or accessing the Tutoring Services which may include but are not limited to Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, contributions during a Tutorial, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the MTW Site for Your use and for use by MTW.

· Written Notice: means any notice given under these Client Terms, which shall be sent by email, in the case of MTW to support@mytutor.co.uk and in Your case, to the email address You sign up with.

3. PLACING AN ORDER AND ACCESS TO TURORING SERVICES

3.1. If the Student is under eighteen (18) years of age, the Student’s Sponsor will need to provide MTW with their name and email address to place an Order.

3.2. Sponsors shall be responsible for managing all elements of receipt of the Tutoring Services on behalf of Students including but not limited to being responsible for paying Fees and receiving email communications from MTW.

3.3. When You place an Order for Tutorials on the MTW Site, You will be given the opportunity to identify and correct any errors with Your information before You make payment. You will then be required to make payment in accordance with clause 6. If Your payment is successful, MTW will accept and complete Your Order by sending You confirmation to the email You provide.

3.4. MTW reserves the right to suspend or terminate Your ability to place a further Order at any time and for any reason without liability to MTW.

4. SUPPLY OF TUTORING SERVICES

4.1. In consideration of the Fees, MTW shall supply the Tutoring Services selected in Your Order to You, starting on the date specified in the Order. All Tutoring Services will take place via a webinar hosted on Zoom (or an equivalent platform), the link to which will be sent to You by MTW in advance of the Tutorial(s). At the end of the Tutorial(s) which are the subject of the Order, MTW will send recordings of the Tutorial(s) to each Student in attendance. Accordingly, you acknowledge that, given the group setting of the Tutorial(s), if you choose to have your camera on, the other members of the group (and the Tutor) will be able to see You (should you choose to have your camera on) and Your image may be recorded as part of the Tutorial(s). You must not independently record any Tutorials.

4.2. The timetable and content of Tutorials is predetermined and is as set out in Your Order (or otherwise displayed when You purchase the Tutoring Services) shall be binding, save as provided for in clause 4.5 below. Once booked, You may remove a Student from a Tutorial but, because the Tutorials are sold as a package, you will not be entitled to any refund of the associated Fees.

4.3. If any Tutorial is missed by a Student, MTW will have no obligation to restart or re-perform that Tutorial to take account of Student absence for whatever reason and the Fees allocated to the Tutorial will be forfeited.

4.4. MTW shall ensure that each Tutor passes a DBS background check prior to becoming a Tutor. From time to time, MTW may substitute one or more Tutors to provide the Tutorials, and any replacement Tutor will also have been subject to a DBS background check.

4.5. In the unlikely event that MTW needs to postpone or reschedule a Tutorial due to events outside of its control, MTW will offer a replacement Tutorial. If the Student is unable to attend that alternative Tutorial then MTW will refund the Fees relating to that Tutorial only on a pro rata basis, at Your request.

4.6. MTW shall have the right to make any changes to the MTW Site or the Tutoring Services which are necessary to comply with any applicable legislation or safety requirement, or which do not materially affect the nature or quality of the Tutoring Services and MTW shall notify You in any such event. MTW also reserves the right to cancel Tutorials altogether, and in such circumstances MTW’s liability to You will be limited to a refund to you of the Fees relating to the Tutorials.

4.7. MTW agrees to provide the Tutoring Services:

a) with reasonable skill and care and in accordance with their description;

b) in accordance with the applicable legislation; and

c) in accordance with these Client Terms and Order.

4.8. MTW will provide promptly and give to You all such information as You may reasonably require in connection with the provision of the Tutoring Services.

4.9. MTW uses all reasonable endeavours to make the Tutoring Services available to all and where this is not possible for any reason whatsoever, MTW shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Tutoring Services in whole or in part including but not limited to:

a) resultant feedback (echos), audio break-ups, video or sound delays;

b) Your failure to use and configure the prescribed headset and microphone;

c) Your failure to at least meet the minimum system requirements.

4.10. You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during a Tutorial due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Tutorial shall continue without video and confirm that this is acceptable to You in all circumstances.

4.11. For the avoidance of doubt, You will not receive a full or partial refund for bandwidth-related interferences.

4.12. Except as expressly set out in these Client Terms, MTW gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

5. YOUR OBLIGATIONS

5.1. When You use the MTW Site and when You book and accept the Tutoring Services, You must comply with any requirements as directed by MTW (and the Tutor, if applicable) as amended from time to time and in accordance with these Client Terms.

5.2. In particular You agree to:

a) provide all service, telephony and/or other fees and costs associated with Your (or a Student’s) access to and use of the Tutoring Services;

b) obtain and maintain all hardware and software required to use and access the Tutoring Services. Any problem concerning a technical issue regarding Your personal computer or internet service provider is not the responsibility of MTW. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;

c) purchase and keep up to date the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to the MTW Site and use of the Tutoring Services;

d) provide promptly and give to the Tutor all such information as they may reasonably require in connection with the provision of the Tutoring Services;

e) not to act as an agent to promote the services or opportunities of a business; and

f) not to publish any abusive comments about a Tutor or another student on the MTW Site or any other place including defamatory or derogatory comments.

5.3. You shall:

a) ensure prior to purchasing Tutoring Services that they are appropriate in terms of timings, level, age group, subject matter and all other matters. You are solely responsible in assessing the suitability of the Tutoring Services, details of which will be set out when you place your Order. No refunds or replacements will be agreed should You mistakenly purchase Tutoring Services which are not appropriate to Your requirements or those of the Student;

b) be responsible for ensuring that the Student logs in and has access to the Zoom (or equivalent) link at the correct time in order to participate in Tutorials;

c) be responsible for ensuring that the Student engages with the Tutorials and does not engage in conduct which may disrupt other attendees or otherwise prevent the Tutor from completing a Tutorial;

d) treat Tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the Tutorial;

e) take all steps necessary to ensure that the Student does not provide any Personally Identifiable Information to a Tutor in the course of receiving the Tutoring Services;

f) pay the Fees as set out in clause 6 below;

g) only access the MTW Site and use the Tutoring Services for lawful purposes (and You are responsible for complying with any and all laws, rules, and regulations relating to Your use of the Tutoring Services;

h) co-operate with MTW in all matters relating to the Tutoring Services and provide MTW with such information and materials as MTW may reasonably require in order to facilitate the provision of the Tutoring Services and ensure that such information is accurate and up-to-date in all material respects;

i) be responsible for providing all equipment and facilities to enable the Student to access Tutorials including but not limited to suitable hardware, software, and secure network connectivity to the internet. These provisions shall include but may not be limited to:

i. Latest version of Google Chrome web browser;

ii. Working microphones, webcams and headsets; and

iii. Stable internet connection with download and upload speeds greater than 0.6mbps.

5.2 You shall not:

a) permit anyone other than the Student provided for in the Order to attend a Tutorial, nor share the Zoom (or equivalent) link to any Tutorials, nor allow anyone else to view a Tutorial by any means;

b) disclose (save for where it may be deemed necessary as in clause 14 (Data Protection) any information to a Tutor that could be considered personally identifiable information including Your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You or a Student;

c) solicit any personal information from any Tutor, and You agree that if any Tutor ever discloses such information to You, asks You for any personal information, or suggests any offline meeting or conversation, You will immediately report this to MTW; and

d) without the prior written consent of MTW, at any time from the date of commencement of these Client Terms to the expiry of six (6) months after termination of these Client Terms, solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Tutor who is involved in the delivery of the Tutoring Services.

5.3 If MTW's performance of any of its obligations under these Client Terms is prevented or delayed by any act or omission by You (including without limitation any repeated or serious disruptive conduct by a Student) or failure by You or Student to perform any relevant obligation) (together a ‘Client Default’):

a) MTW shall without limiting its other rights or remedies have the right to suspend performance of the Tutoring Services until You remedy the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent a Client Default prevents or delays MTW's performance of any of its obligations;

b) Subject to clause 8, MTW shall not be liable for any Losses sustained or incurred by You arising directly or indirectly from Your failure or delay to perform any of Your obligations as set out in clause 5.1 nor shall MTW have any liability whatsoever to You for any Losses sustained or incurred by You through the exercise by MTW of its rights set out in this clause 5.2.

5.4. Where the Client Default is in the form of disruptive behaviour by the Student, MTW will endeavour to issue a warning prior to suspending or terminating Your access to Tutoring Services (in the case of minor disruptive behaviour) but reserves the right to suspend or terminate without notice in the event of serious or repeated disruptive behaviour. In each case, no refunds will be given in respect of any Tutorials which the Student cannot access due to such suspension or termination.

6. FEES

6.1. Your payment for the Tutoring Services will be processed by our third party payment provider https://stripe.com/gb, who will send You a copy of Your invoice. We suggest that you read Stripe’s privacy information available at https://stripe.com/en-gb/privacy for details of how stripe will process your personal information in order to take payment from you.

6.2. Fees are quoted for Tutoring Services are inclusive of VAT.

6.3. You are not entitled to any refund or reallocation of the Fees associated with a Tutorial which a Student is unable to attend for any reason.

6.4. All prices relating to Tutoring Services and Fees are subject to change by MTW which shall become effective immediately upon posting on the MTW Site and will be applicable to all bookings made thereafter.

7. INTELLECTUAL PROPERTY

7.1. If You publish any UGC via the MTW Site by way of uploading text, images or videos or contributing to publicly accessible areas of the MTW Site, You automatically grant:

a) to MTW, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the MTW Site and the Tutoring Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of MTW’s services (and derivative works thereof) in any media formats and through any media channels; and

b) to each user of the MTW Site whether registered or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the MTW Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the MTW Site and under the terms of these Client Terms.

7.2. You acknowledge that we may screen UGC and that we shall have the right (but not the obligation), in our sole discretion, to remove any UGC.

7.3. You acknowledge that all Tutorials You participate in may be recorded and You agree to the storage and use of such recordings by MTW.

7.4. You agree that any UGC You contributed by You will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licenses referred to in clause 7.1.

7.5. All Intellectual Property Rights in the MTW Materials or arising out of or in connection with the MTW Site and the Tutoring Services shall be owned by MTW or licensed to MTW.

7.6. The Intellectual Property Rights contained on the MTW Site and the Tutoring Services cannot be used, modified, copied, distributed, adapted, altered, or in any way exploited, without MTW’s written permission.

7.7. Neither party will claim rights to any of the other party’s Intellectual Property Rights as a result of these Client Terms.

7.8. You acknowledge that all Intellectual Property Rights in (a) all Materials produced by the Tutor pursuant to the performance of the Tutoring Services shall remain the property of the Tutor; and (b) all materials relating to MTW are owned by MTW or MTW’s licensors.

7.9. All MTW Materials are the exclusive property of MTW.

8. RATINGS AND FEEDBACK

8.1. It is a feature of the MTW Site that users of the Tutoring Services may leave ratings.

8.2. During the last five (5) minutes of a Tutorial session, a Tutor may complete feedback or provide comments or suggestions for You.

8.3. Either a client or a Tutor can report or raise any issues or concerns that they might have with the other at any time.

8.4. Whether such feedback is complimentary or more similar to a Dispute, MTW will have full discretion as to whether they inform the other of such feedback.

8.5. Where deemed necessary, MTW is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, MTW is entitled to suspend the Tutoring Services until an investigation is carried out and may in exceptional cases be entitled to terminate Your Agreement forthwith under clause 12.

8.6. If You feel that other students in a Tutorial are causing disruption, please let us know by contacting us at support@mytutor.co.uk. We will endeavour to communicate any issues to the Tutor, who will ultimately be responsible for leading each Tutorial. You acknowledge that the nature of group study means that we cannot guarantee a session will be entirely free of interruption, and that other Tutorial attendees will be able to ask questions and interact with the Tutor during the Tutorial.

9. LIABILITY

9.1. Subject to clause 9.2 and 9.3 this clause 9 sets out the entire financial liability of MTW (including any liability for the acts or omissions of Tutors, employees, agents and sub-contractors) to You:

a) arising under or in connection with these Client Terms;

b) in respect of any use made of the MTW Site, the Tutoring Services and the MTW Materials or the Tutor Materials or any part of them; and

c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Client Terms.

9.2. Except as expressly and specifically provided in these Client Terms:

a) You assume sole responsibility for results obtained from the use of the Tutoring Services and the Tutor Materials (or anything else provided by the Tutor to the Student or You), and for conclusions drawn from such use.

b) except as specifically stated in these Client Terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Client Terms.

9.3. Nothing in these Client Terms exclude the liability of either party:

a) for death or personal injury caused by its own negligence; or

b) for fraud or fraudulent misrepresentation; or

c) for any other matter which cannot be excluded by law.

9.4. Subject to clauses 9.2 and clause 9.3:

a) MTW shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the MTW Site or the Tutoring Services.

b) Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by You for the Tutoring Services from which the liability arose.

10. WARRANTIES AND INDEMNITIES

10.1. You hereby warrant, represent and undertake to MTW that:

a) Student is at least eighteen (18) years of age and if not, Student Sponsor will register on behalf of Student;

b) You are personally responsible for the information posted by You on the MTW Site and submitted throughout registration which You shall ensure is accurate, true, up-to-date and complete;

c) You will comply with Your obligations set out at clause 5;

d) Whilst this contract is in force You will only ever contact a Tutor via the Tutorial Services;

e) You agree at all times to comply with the provisions of the Data Protection Legislation;

f) You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;

g) You will protect Your unique password in accordance with clause 3.5.

h) You accept full responsibility for any Disputes raised as a result of issues affecting Your proper access to the Tutoring Services;

i) You have read, understood and familiarised Yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety.

10.2. You shall indemnify and hold harmless MTW on demand, and shall keep MTW fully and effectively indemnified against any and all Losses arising out of or in connection with:

a) any breach of these Client Terms or breach of obligation or warranty by You or the acts or omissions of You (other than and to the extent that any losses arise directly from breach of these Client Terms by MTW or by MTW’s negligence); and

b) any and all claims, complaints or legal proceedings instigated by a Tutor against You.

11. DISPUTES

11.1. All Disputes reported to MTW by You via the MTW Site (including regarding a Tutor) will be investigated by MTW.

11.2. The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between You and an officer of MTW.

11.3. MTW will use all reasonable endeavours to provide a written response via email to any issue raised by You via the MTW Site within fourteen (14) days. MTW reserves the right to inform a Tutor or a client respectively of any Dispute raised against them and to provide them with a copy of any response provided by MTW.

11.4. You must inform MTW as soon as possible and in any event within forty eight (48) hours, of any Dispute You may have in connection with the provision of the Tutoring Services.

11.5. The outcome of any investigation instigated by You or a Tutor is entirely at MTW’s discretion, acting reasonably.

11.6. If You are unhappy with the way MTW deals with any Dispute, You agree to enter into mediation in good faith to settle such a Dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.

12. TERM & TERMINATION

12.1. Subject to clause 12.2, these Client Terms shall commence on the date you place an Order via the MTW Site and shall continue unless terminated with immediate effect (without compensation) upon either party serving Written Notice on the other or, if You committed to an order, upon the conclusion of that order provided that MTW has no objections. You agree that by entering into this contract You are waiving Your statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) and agree for the Tutoring Services to start on the date set out in the Order.

12.2. MTW may terminate this Agreement with You immediately without compensation or Written Notice by ending Your access to the Tutoring Services if:

a) You commit a breach of any of these Client Terms;

b) any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;

c) You act in any way that has brought, or could bring, MTW into disrepute.

12.3. MTW reserves the right to suspend the performance of the Tutoring Services or to terminate these Client Terms if MTW is prevented from, or delayed in, carrying on its business by events outside of its control.

12.4. In the event of any such termination, no refunds will be payable and MTW shall not be liable for any Losses incurred by You after the date of termination.

12.5. You can always end Your agreement with us by sending us written notice. Your rights will depend on the reasons for ending the agreement:

a) If You believe that the Tutoring Services have been misdescribed or if You believe MTW has done something contrary to these Client Terms, then please contact us in accordance with clause 10 (Disputes) and we will try to resolve the issue;

b) If You wish to cancel the Tutoring Services for any other reason, then you may do so and terminate Your agreement at any time, but no refunds will be payable and MTW shall not be liable for any Losses incurred by You after the date of termination.

13. CONSEQUENCES OF TERMINATION

13.1. On termination of these Client Terms for any reason:

a) You and the Student (if applicable) shall immediately stop using the Tutoring Services;

b) MTW shall not be under any obligation legal or otherwise to continue with, or to complete any pending Tutoring Services, with no liability to You;

c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of these Client Terms which existed at or before the date of termination or expiry; and

d) Terms which expressly or by implication survive termination shall continue in full force and effect.

14. DATA PROTECTION

14.1. MTW warrants that it shall comply with the Data Protection Legislation in respect of any Personal Data (as defined in the Data Protection Legislation) processed by MTW pursuant to these Client Terms.

14.2. These Client Terms incorporate MTW’s Privacy Policy and Cookie Policy by this reference.

14.3. You agree that by releasing any Personal Data as submitted by You on the MTW Site, You acknowledge that You are wilfully providing Your Personal Data (and that of the Student where applicable) for the purpose of receiving the Tutoring Services (and for any other legitimate purposes outlined in our Privacy Policy).

15. GENERAL TERMS

15.1. Assignment: You shall not, without the prior written consent of MTW, assign, transfer, charge, or deal in any other manner with all or any of Your rights or obligations under these Client Terms. MTW may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Client Terms.

15.2. Enforceability: If any one or more of the provisions of these Client Terms is held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Client Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.

15.3. Entire Agreement: These Client Terms constitute the entire agreement between You and MTW in relation to Your (or a Student’s, if applicable) use of the MTW Site and the Tutoring Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Each party acknowledges and agree that in agreeing to be bound by these Client Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of these Client Terms other than as expressly set out in these Client Terms.

15.4. No Partnership: Nothing in this Agreement is intended to or shall be deemed to constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.

15.5. Governing Law & Jurisdiction: These Client Terms and any dispute or claim arising out of or in connection with the Client Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Client Terms or their subject matter or formation (including non-contractual disputes or claims).

15.6. Third Party Rights: These Client Terms govern the relationship between You (and a Student where applicable) and MTW and does not create any third party beneficiary rights.

We keep our terms under regular review. These Client Terms for group tutorials were last updated on 18 March 2021.