INTRODUCTION
These Terms and Conditions apply to the entire contents' of the present website.
If you are an weloveTeachingEnglish.com member please note the legal entity you are entering into a contract with is:
De Anima Consulting Ltd, a private limited company incorporated in England and Wales with registered company number 07354208 whose postal address is Higher Stone Gappe, Lothersdale, BD20 8EE, United Kingdom and whose registered office is Higher Stone Gappe, Lothersdale, BD20 8EE, United Kingdom.
These terms and conditions are binding documents which govern your use of our services and our provision of the service to you. You are advised to read these terms and conditions carefully. This will help ensure that they contain everything you want and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by any of our brands.
Article 1. Definitions and Interpretations
The following words shall have the followings meaning in these Terms & Conditions:
"Agreement" shall mean these Terms and Conditions;
"Subscription" refers to a paid fixed rate giving unlimited access to our paid Services, as required, for a limited period that can be 3months, 6 months and 12 months, renewable after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made;
"Service(s)" refers to the entirety of the Services available to you via any of our sites our Members, whether paid or unpaid;
"Paid Services" refers to all Services accessible, at rates quoted, by this site to Members with a valid subscription.
"Member(s)" refers to any or all valid registered users of our Service, whether they access Services or Paid Services.
"Member Content" refers to the information contained in the Member's profile, created by the Member and displayed on any of our site(s) from time to time.
The terms 'us', 'we', 'our' refers to all brands owned and operated by De Anima Consulting Limited for the purposes of this Agreement.
Article 2. Registration
To become a Member of our site you must be at least Eighteen (18) years old. 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 shall be responsible for the purposes of these Terms.
You must complete all of the fields on the registration form(s).
You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement;
Article 3. Your right to cancel under the Distance Selling Regulations
This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 and resident within the EU. You may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.
Article 4: Use of the Services
Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with any third parties.
To access the Services you will need a computer, laptop and or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) one of these devices including the cost of using these devices.
We may deactivate accounts of Members who have not used the Services for six months or more and for whom no paid or trial subscription remains valid. In the case of paying Members, this six month period begins on the date that the last subscription expired.
Article 5: Your Safety and Security
We do not have a contractual obligation nor moral or ethically responsibility or the technical means to:
verify the identity of persons who register as Members or use our Services; or
to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate).
As a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members.
As a Member you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member's account, whether these be fraudulent or not.
When arranging to meet a teacher/a student through use of the Services, you must take appropriate precautions and follow the safety guidelines in our English Course advice section . Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt; we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and or the information displayed on your profile then you must immediately notify us. Furthermore; you should also amend your password.
Article 6: Member Obligation
As a Member you agree not to:
in connection with the Services breach any applicable law, regulation, tax regulations or code of conduct;
make comments, broadcast or publish in any form whatsoever Member content or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is any way shape or form racist or xenophobic;
in general; not to make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites' current rules and laws in force or acceptable norms and standards;
upload photographs, videos and any other information in terms of data or files supplied by a Member that are indecent. Photographs, videos and other information in terms of data or files supplied must refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned;
provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent;
reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number; or and
you agree not to use the Services for junk mail, spam and pyramid or similar or fraudulent schemes.
Article 7. Member Services
The Website and our Services are provided to help individuals and families access private tuition, and to help private teachers to offer their services to such individuals and families. The Website and our Services are not provided to education-related companies, agencies, schools and other organisations (together, Organisations). By registering, you are confirming 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.
Our Services includes:
A subscription service for teachers whereby teachers may register their details with us and students may browse registered teachers and request (and, where the teacher accepts, obtain) a teacher's contact information for the purpose of setting up a Tuition Arrangement.
Our Standard Services are services for the provision of teachers's contact details. The relevant Service is fulfilled once those contact details have been provided.
Article 7.1 Provisions that specifically apply to Teachers
If you are a teacher, the following provisions in this paragraph apply to you. If you are not a teacher, those provisions do not apply to you.
You promise to us that you are at least eighteen years of age and can (and will on request) provide any references, Criminal Record checks or proof of qualifications as claimed in your profile. You shall accept full responsibility for the prices quoted for your services on the Website and for collection of all fees due to you from any student.
In responding to feedback from students posted on the Website, you shall not be personally abusive about a student or anyone else. You acknowledge that students are entitled to submit feedback in relation to you, your profile and your tuition services. Students can submit scores out of five and written comments. You cannot control whether or not scores submitted by students will be published. You are, however, entitled to determine whether or not comments in relation to you should be publicly viewable. When a student submits a comment via the Website, you will be sent a message showing the score and the comment. You must then approve or decline the comment within three weeks. If you decline it will not be made publicly viewable.
You acknowledge that we retain the right to remove or edit feedback where we see appropriate in occasional cases. We do not intervene with teacher/student disputes in relation to feedback left on your profile but you have the option to reply to the feedback and also to contact us regarding any query you may have.
You shall secure payment from your students for services provided pursuant to a Tuition Arrangement directly and shall not seek to recover any payment in relation to your tuition services from us.
You acknowledge that you are not an employee of ours 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 your involvement in any Tuition Arrangement.
You acknowledge that your details may be provided to a student, but that students are under no commitment to undertake any Tuition Arrangement simply by virtue of them having obtained your details from us.
You acknowledge that your teacher profile and some details entered by you on the Website will be publicly visible and may appear in search engine results. If you do not want such information to appear in search engine results you should deselect the option in your account settings in which case we will use reasonable endeavours to try to avoid such information appearing in search engine results but in any case we are not responsible for search engine results provided by third parties.
Article 7.2 Provisions that specifically apply to Students
If you are a student or if, as a teacher, you enjoy student-level access, the following provisions in this paragraph apply to you.
Before we supply a teacher's contact details to you, we will have collected certain basic information submitted by the teacher in relation to their identity, experience, training, authorisations and/or qualifications (Credentials). Whilst we may request that teachers make available full details of their Credentials, due to the number of teachers using our Services, it is not reasonably practicable for us to check each teacher's Credentials on your behalf, and we cannot do so. For this reason, we cannot guarantee that the information submitted by the teacher is accurate and we shall not be responsible for any failure of the teacher to provide to you satisfactory evidence to support the statements on the teacher's profile as to the teacher's Credentials. You should always check carefully all relevant information and documents in relation to a teacher before you choose to enter into a Tuition Arrangement with the teacher and you should verify the teacher's Credentials (e.g. by checking identification) yourself before entering into any Tuition Arrangement.
Before we supply a teacher's contact details to you, you may be required to submit and confirm information in relation to yourself, your tuition requirements and the terms on which you would be prepared to engage a teacher to provide tuition services. You agree to supply such information and consent to it being shared with potential teachers.
In the extremely unlikely event that none of the contact details we provide to you in relation to a teacher were accurate and up to date at the time we provided them to you, you shall be informed.
In the event that the teacher is not then available in the manner that was suggested by the teacher via the Website and the Service, you should contact us to inform us and should submit feedback on the teacher explaining the problem.
Article 7.3 Member Content
At weloveTeachingEnglish we put you the Member in control; therefore for the avoidance of all doubt it is your responsibility to decide which information to publish or send as Member Content. De Anima Consulting Ltd cannot be held liable for any misuse thereof by any other user or third party.
You the Member are solely responsible for the content, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you do not have permission to submit. For submissions to search results pages, you may not submit content that is not compatible with the license used by the particular project of the Service. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to (a) permit the Company to copy, store, publish, display, and distribute your content via the Service, and (b) license all text submissions by you pursuant to the applicable Licensing terms.
The information supplied by a Member must be accurate and conform to the reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned.
Consequently, he/she waives all recourse against De Anima Consulting Ltd, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit.
We are not liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.
Members are urged to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit.
We reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this agreement.
Article 8. Payment Terms
The use of the Paid Services assumes that the Member has a subscription. Members can acquire a subscription either by using a credit card (on the Internet), or by other payment methods proposed by this site.
The prices and the terms of payment for the different Paid Services are displayed at all times on this site, including at the point when the member chooses to make a purchase.
The activation of a subscription on a member's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction).
The Member can contact the site at any time to cancel their subscription. The cancellation will take effect from the expiry date given for the active pass, in accordance with Article 15, 'Termination', below.
All subscriptions will be automatically renewed. Unless, the Member notifies us of their wish to terminate their subscription at least 48 hours before the subscription's expiration date. The renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the price rate of the subscription to which the Member originally subscribed. For the avoidance of all doubt Members can avoid having their subscription auto-renewed if they contact us 48 hours before their subscription expiration date to terminate their subscription.
Article 9. Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. weloveTeachingEnglish.com cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each teacher is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes.
Article 10. Intellectual Property
The trademarks (including but not limited to weloveTeachingEnglish.com) , logos, graphics, photographs, animations, videos and texts featured on this website and in our provision of the Services are the intellectual property of De Anima Consulting Ltd or its partners and may not be reproduced, used or represented without the express permission of De Anima Consulting Ltd or its partners, under threat of legal action.
The rights of use granted by ourselves to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership. Any other use by the Member is prohibited without the express authorisation of De Anima Consulting Ltd.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, from all of our website pages or software codes for elements comprising the any element of Services and website.
Article 11. Liabilities and Warranties
We do not accept any liability for the use of our Website or Services.
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.
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 Tutee and we are not a party to that agreement and we are not responsible for the actions of Users or other third parties. For these reasons, you agree and acknowledge that:
(a) we have no responsibility or liability in relation to any aspect of any Tuition Arrangement;
(b) without prejudice to our obligation to carry out checks on Tutors under paragraph 4.2, we do not make any promise or representation to you as to the suitability of any Tutor;
(c) we have no responsibility for examination entry which is the sole responsibility of the Tutee or the relevant student;
(d) we have no responsibility for any grade received by a Tutee or the relevant student and any consequence that examination grades 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 necessarily 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.
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.
Although we reserve the right to monitor the use of the Website and the User Content if we choose, 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.
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.
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.
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.
Article 13. Functioning of the website and Services
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use the website i.e. access to the internet. Members are also advised to have cookies enabled, Javascript enabled and pop-ups enabled.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet and telephone, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
We do not guarantee that the Services will be usable if the Member's internet service provider is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member's internet service provider or blockages on the Internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their Internet browser, Members connecting through AOL may encounter problems making our sites function properly.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of the our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform its Members prior to maintenance work or updates.
We do not guarantee optimal functioning of the website when using Internet Explorer browser. We recommend Google Chrome or Mozilla Firefox on desktop or laptop and Safari and Opera on mobile browsers.
Article 14. Third party websites
We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
Article 15. Termination
A Member may at any time and without the need to provide any reason end his/her registration with us by requesting the closure of his/her account in the area of the website designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member's subscription.
Termination of a subscription, by a Member, shall be effective on the applicable subscription's expiration date provided; the Member has contacted us at least 48 hours before their subscription expiration date in order to terminate the subscription.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, we will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach, we will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms of Use.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
Article 16. Entire Agreement
This Agreement and the pages on this website to which these terms refer, constitute a contract that governs the relationship between the Member and De Anima Consulting Ltd. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of ours the Members'.
If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.
Article 17. Amendments
We may modify these Terms and Conditions at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the website. The modifications shall take effect one month after their posting on the website. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
Article 18. Miscellaneous
You acknowledge that the data supplied on the Website concerning distances between postcodes (in particular information about Tutors/Tutees near you) is calculated "as the crow flies" (unless stated otherwise) and that we make no promise concerning the accuracy of that information.
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).
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.
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 which you must follow.
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.
Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
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.
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.
In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
Article 19. Jurisdiction and Applicable Law
This contract shall be governed by English law and any disputes will be decided only by the English courts using English as the controlling language.
For any questions you wish to ask, you may contact us by completing the contact form.