Tutor Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

 

  1. What is AGF Tutoring?

    1. AGF Tutoring is an innovative online tutoring all-inclusive service accessible at www.agftutoring.com.
       
      AGF Tutoring provides highly personalized exclusive one-on-one tutoring and consulting via a unique bespoke, lightweight, customized videoconferencing platform, especially designed for AGF Tutoring for the purposes of optimizing the experience for the tutee/consultee, effectively replicating the context of a physical one-on-one, face-to-face tutorial and/or consulting session.
       
      AGF Tutoring invites prospective students and/or parents to create their own accounts which include specific details with regard to their future academic intentions and/or engage in a redeemable fee-based preliminary livestream session with a head tutor to discern a student’s needs and/or elucidate a study plan. Pursuant to the creation of an account and/or livestream session, a head tutor returns with a clear study programme and its estimated concomitant fees. The student/parent then decides to proceed with the programme. If the student/parent consents, then s/he is obliged to settle all outstanding fees via a secure online payment before embarking on online sessions. All subsequent sessions are recorded by AGF Tutoring but not by the end user. A prior session may be requested by an end user and delivered free or at a fee, under certain terms and conditions, precluding sharing or distribution.
       
      The tutors who comprise the AGF Tutor Network are former tutees of Mr. Alastair G. Fisher, enhancing the personalisation, authenticity, seriousness, consistency and quality of the services. Those few tutors who are not former tutees are longstanding colleagues of Mr. Alastair G. Fisher. The tutor network allows the respective tutor to stipulate his/her availability and his/her hourly rate. The prospective student can therefore personally select his/her tutor(s) dependent on his/her personal needs. Tutors are remunerated according to a sliding scale commissioned-based fee scheme that rewards the tutor with the number of hours that s/he accrues. If an extraneous individual wishes to become an AGF Tutoring Tutor then that individual can submit an application via the AGF Tutoring website.
       
      AGF Tutoring comprises a Student Network, a global network that is freely accessible only to former and current students of AGF Tutoring. This interactive network is accessible via www.agftutoring.com but only with a personal username and password, issued and monitored by AGF Tutoring, and which are strictly prohibited from distribution or sharing. The AGF Student Network is a highly effective means for students of all ages and qualifications to interact and network, via a number of live channels within the website itself, with a view to seeking, for instance, employment opportunities or advice as to how to secure a place at a university. If a non-participating individual wishes to join the AGF Tutoring Student Network then there is no such facility for that individual to do so.
       
      AGF Tutoring, via its in-house videoconferencing platform, delivers a personalized total education package for a prospective student anywhere, anytime to acquire all requisite examinations for entrance to a university at either undergraduate or postgraduate level in the UK and/or US. Further, AGF Tutoring provides consulting services for university admissions and/or applications. A visitor to the AGF Tutoring website can interact with an algorithmic program (AGF Ideal Route Generator) that will allow that visitor to derive a preliminary overview of which steps s/he would have to take to secure a place at a desired university.
    2. Tutors are self-employed. AGF Tutoring is not liable for the payment of any tax by the Tutor or on his behalf.
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  3. What are these terms of service?
    1. These Terms of Service set out the terms on which AGF Tutoring offers the Website and the Services.
    2. Please review these Terms of Service carefully and make sure that You understand them before using the Website and/or the Services. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.
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  5. Definitions
    1. “Commission” means the commission payable to You in respect of Sessions at the rate set out in the fees schedule which can be found in Section 14.
    2. “Introductory session” means a 30-minute Session with a Head Tutor during which the end-user can establish whether or how s/he may proceed with a tutoring programme.
    3. “Services” means all those services provided through the Website by AGF Tutoring. These include the provision of the Website, the content contained therein and the medium through which Tutors can provide Tutor Services. The Services do not include Tutor Services.
    4. “Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.
    5. “Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.
    6. “Student” means any end-user of the Tutor Services.
    7. “AGF Tutoring”, “We” and “Us” means AGF Tutoring Limited, a limited company incorporated in UAE with registration number ICC20160462 and registered address at Amenity Centre Building No.2, Office 2/F, 4th Floor, P.O.Box 13167, Ras Al Khaimah, United Arab Emirates.
    8. “Tutor” “Your” and “You” means a user of the Website who has signed up to and acknowledged the Tutor Terms of Service.
    9. “Website” means any website published by AGF Tutoring from time to time including without limitation the website at www.agftutoring.com and its subdomains, any associated social networking profiles and any applications for mobile devices published by AGF Tutoring from time to time.
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  7. Acceptance of these terms of service
    1. By using the Website, You accept and agree to be bound by these Terms of Service.
    2. AGF Tutoring may at any time modify these Terms of Service. We will notify You of any changes to these Terms of Service either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.
    3. You can review the most current version of our Terms of Service at any time by clicking on the “Tutor Terms of Service” link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.
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  9. Information provided
    1. In providing any information, You represent and warrant that all such information is complete, accurate and not misleading.
    2. You further undertake to promptly update such information using the Website in the event that it changes or ceases to be complete, accurate and not misleading.
    3. You acknowledge and agree that both AGF Tutoring and Students are permitted to, and may, rely on the accuracy and completeness of the information provided by You and that any inaccuracy in such information (particularly with reference to Your qualifications and educational experience) may give rise to liability on Your part.
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  11. Disclosure and barring service checks
    1. AGF Tutoring may in its sole and absolute discretion perform DBS checks itself or may require Tutors to provide such checks to it. By accepting these Terms of Service and/or applying to become a Tutor, You authorise AGF Tutoring to apply for one or more DBS checks, to disclose the results of such DBS checks to its staff and professional advisors and to record and retain any DBS check for its records during such time as You remain a Tutor and for 12 months thereafter.
    2. You acknowledge and agree that AGF Tutoring may in its sole and absolute discretion perform further DBS checks on You from time to time. You undertake to promptly provide any information required by AGF Tutoring to enable it to secure such DBS checks.
    3. You acknowledge and agree that if You are accused, arrested, charged, cautioned or convicted of an offence against the person, a sexual offence or an offence against a child (each a “Relevant Offence”), such event may not be reflected on a DBS check performed on You due to such event not being disclosable, or such event not yet being recorded on the DBS’ record.
    4. You acknowledge and agree that it is not the intention of AGF Tutoring for You to be permitted to act as a Tutor when You have been convicted of a Relevant Offence and AGF Tutoring shall immediately prevent You from acting as a Tutor upon it becoming aware of any such conviction.
    5. You further acknowledge and agree that AGF Tutoring may in its sole and absolute discretion prevent You from acting as a Tutor when You have been accused, arrested, charged or cautioned with a Relevant Offence.
    6. You undertake to promptly notify AGF Tutoring in writing in the event that You are accused, arrested, charged, cautioned or convicted of a Relevant Offence.
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  13. Complaints
    1. Although extremely unlikely, a Tutor may be accused by a Student or (in the case of a minor) a Student’s parent or guardian of inappropriate behaviour towards a Student or other person. This can be extremely distressing and upsetting to the Tutor.
    2. In order to reduce the possibility of this occurring, it is very important that You do not seek to contact, or otherwise communicate or interact with any Student outside of the Website and the software provided therein.
    3. Where a Student or a Student’s parent or guardian does make a complaint of inappropriate behaviour, You must contact AGF Tutoring immediately and must take all reasonable steps to distance Yourself from the Student. This includes not arranging or undertaking any further Sessions with the Student.
    4. AGF Tutoring tries to deal with complaints internally so as to bring a quick conclusion to any complaint. AGF Tutoring deals with all complaints fairly and without prejudice. Notwithstanding the foregoing, AGF Tutoring will take immediate steps to enforce any breach by a Tutor of these Terms of Service.
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  15. Your conduct (see also Annex 1 – Tutor Code of Conduct)
    1. You agree and undertake to:
      1. keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password; and
      2. treat any Student tutored by You with respect and to refrain from abusive, racist, homophobic, sexist or defamatory language at all times.
    2. You undertake and agree never to give Your personal contact details to any Student or to request any personal contact details from any Student. This includes Skype (or other online chat) username, telephone number, email address, home address or Facebook (or other social networking account) username. In the event that You request any such information, AGF Tutoring shall be permitted in its sole and absolute discretion to block Your access to the Website and prevent You from acting as a Tutor and may take any such further action as it deems appropriate.
    3. You undertake and agree not to attempt to, or to actually, contact any Student other than through the Website (unless prior written consent is obtained by AGF Tutoring). Congratulations, seasonal greetings or such like are perfectly permissible.
    4. You undertake and agree not to request or receive the bank account, PayPal or card details of any Student (or his parent or guardian). Or provide your bank account, PayPal or card details to any Student (or his parent or guardian). You acknowledge that it constitutes a material breach of these Terms of Service to attempt to circumvent AGF Tutoring by receiving payment from or in respect of a Student outside of the Website.
    5. By downloading and/or using the Website, You agree not to:
      1. upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;
      2. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
      3. attempt to gain access to secured portions of the Website to which You do not possess access rights;
      4. impersonate any other person while using the Website;
      5. conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
      6. resell or export the software associated with the Website;
      7. use the Website to generate unsolicited advertisements or spam;
      8. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or
      9. interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.
    6. Any breach of the obligations in this paragraph 5 will lead to the automatic and immediate termination of Your access to the Website.
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  17. Our rights
    1. In providing You with access to the Website, AGF Tutoring reserves the following rights, and in accessing, browsing or otherwise using the Website You grant to AGF Tutoring and agree that AGF Tutoring shall have the following rights:
      1. the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in AGF Tutoring’s sole and absolute discretion You violate or breach any of these Terms of Service;
      2. the right to amend or update the Website, billing methods or these Terms of Service from time to time;
      3. the right to report You to the police or other judicial body if AGF Tutoring believes in its sole and absolute discretion that Your conduct is or may be unlawful; and
      4. the right to remove any Tutor from the Website and prevent any Tutor from providing the Services.
    2. You acknowledge and agree that we will record and/or monitor all sessions that You undertake with a Tutor for the purposes of crime prevention and to ensure that users do not breach any provision of these Terms of Service.
    3. AGF Tutoring will store, use and disclose any recordings we make in accordance with our Privacy Policy which can be found at the bottom of the Website by following the link “Privacy Policy”. As set out in the Privacy Policy, AGF Tutoring may disclose any recording to the police or other appropriate law enforcement agency without Your consent if AGF Tutoring believes in its sole and absolute discretion that You or a Tutor have broken the law.
    4. Recorded sessions are may, at AGF Tutoring’s sole discretion, be forwarded to students at their request for free or for a fee. The Tutor will not be remunerated or compensated for such use of the recorded sessions and by accepting these terms he provides his formal consent to the said use of the recorded sessions.
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  19. Your status
    1. Your relationship with AGF Tutoring will be that of independent contractor and nothing in these Terms of Service shall render You an employee, worker, agent or partner of AGF Tutoring and You shall not hold Yourself out as such.
    2. These Terms of Service constitutes a contract for the provision of services to Students and not a contract of employment with either of AGF Tutoring or any Student and accordingly You shall be fully responsible for and shall indemnify AGF Tutoring for and in respect of:
      1. any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Tutor Services, where the recovery is not prohibited by law; and
      2. any liability arising from any employment-related claim or any claim based on worker status including for the avoidance of doubt and without limitation any claim based on the Agency Workers Regulations 2010 (including reasonable costs and expenses and any fine imposed on AGF Tutoring) brought by You or by any other person on behalf of You against AGF Tutoring arising out of or in connection with the provision of the Tutor Services.
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  21. Commencing tutorials
    1. In order to start using the Services, a Student must first submit very detailed information using the Website and then either submit that information to Us for reviewing; or, if he does not comprehend what he wants or needs to do he can book a free 30-minute Introductory Session to elucidate and clarify what he wishes to do.
    2. We are the obliged to propose appropriate tutors for the student’s requisite needs. We will propose various tutors and their concomitant fees as well as a detailed study and/or consulting plan.
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  23. Booking a session
    1. When a Student has completed his/her profile and committed himself, he/she may wish to undertake sessions with You.
    2. In order to undertake Sessions, the Student must purchase one or more Sessions through the Website. By purchasing one or more Sessions, the Student enters into a direct contract with You for the provision of the Tutor Services.
    3. The price charged for a Session includes the Fee payable to You, AGF Tutoring’s fee for provision of the Website and any applicable VAT.
    4. Sessions are non-transferable and a Session booked with You can only be used with You.
    5. In the event that You wish to discontinue any Session or series of Sessions with a Student, You must contact AGF Tutoring. In such circumstances, we may in our sole and absolute discretion refund the Student for any unused Sessions or allocate the Student to another Tutor.
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  25. Cancellations and refunds
    1. In the event that a Student wishes to cancel a Session with You, he must notify You no less than 48 hours prior to the allotted appointment time. If less than 48 hours’ notice is given, the Student will be charged the full amount for the Session.
    2. In the event that You wish to cancel a Session, You must notify the Student no less than 48 hours prior to the allotted appointment time. If less than 48 hours’ notice is given, You will be required to provide the postponed Tutor Session for free as soon as practicable, at the student’s convenience.
    3. In the event that a Student believes that the Tutor Services are not suitable, he may not cancel any Sessions and/or transfer any Sessions to another Tutor. In very rare circumstances, in the sole and absolute discretion of AGF Tutoring, a Student may be permitted to transfer any unused Sessions to another Tutor. In this case the tutor will not be paid for unused sessions.
    4. In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter for which the responsibility is of AGF Tutoring, the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.
    5. Refunds are not available for any Sessions purchased by a Student (however see 12.5).
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  27. AGF Tutoring employs a competitive, incentivized commission scheme, as outlined below. In essence, the greater the number of hours accumulated over a calendar year by a tutor, the less the commission You, the tutor, pay. This means that if You accumulate a significant number of hours then You will be entitled to a rebate at the end of the calendar year in question as delineated below.

    Payment & Commission rate calculations

    1. AGF Tutoring collects payment online from the Student in respect of each session purchased by a Student. On receipt of payment, we will notify You that the Student has paid for X sessions with you, or has purchased a certain package or such like.
    2. Unless we are notified otherwise by the Student within 48 hours of the scheduled date and the time of a Session, You will be credited as having taught the session.
    3. AGF Tutoring will pay to Your nominated bank account an amount in respect of Your fees, minus the maximum commission of 35%, earned by You. This is done purely to facilitate accounting practice as further illustrated below. You the Tutor will be required to submit invoices to AGF Tutoring, not more regularly than on a monthly basis.
    4. AGF Tutoring employs a competitive, incentivized commission scheme, as outlined below. In essence, the greater the number of hours accumulated over a calendar year, by You, the less the commission You, the tutor, pay. This means that if You accumulate a significant number of hours then You will be entitled to a rebate at the end of the calendar year in question. In the context of AGF Tutoring a calendar year is defined as a year from the first recorded booking of a tutor; for example, if Your first booking for a session is recorded as 15 September then this will act as the reference point for the calendar year, which, in this particular case would be from 15 September of one calendar year to September 14 of the following calendar year. Further, all calculations alluded to below would be calculated on this definition of a calendar year.
       
      Commission scheme (all hours are the total accumulated in a calendar year as defined above):

      Number of hours accumulated % Commission rate
      1-40 35%
      41-80 30%
      81-150 25%
      151-250 20%
      251-400 15%
      more than 400 10%
    5. Some examples of calculations of tutors’ payments (please note all transactions are in US dollars (USD)):
      1. Mr A tutors 10 hours in January, booking his first session on January 10 2016 (this will act as the commencement of Mr A’s calendar year) then does not tutor again till March, when he files 5 hours; then he does not tutor again till July when he clocks 10 hours; then he accumulates another 6 hours, 2 hours per month, for October, November and December 2016, and no hours for the period up to and including January 11 2017. His hourly rate was fixed at 200 USD per hour.
        Notice that from the outset, it appears that Mr. A will average 120 hours for the whole of his calendar year (10×12 hours). However, his schedule is very erratic and he accumulates a total of 31 hours. Clearly, Mr A. falls in the first category for the commission rate, that is 35%. As per paragraph 14.3, Mr A’s bank account would be credited with his monthly income minus 35%. At the end of Mr A’s calendar year, Mr A will not be eligible for any rebate with regard to his total income. Therefore, his total income for the calendar year would be 31×200 = 6200 USD minus 35% (2170 USD), leading to a net total of 4030 USD.
      2. Mrs B joins AGF Tutoring on September 1 2016 and books her first session on September 3 2016. Therefore, her calendar year will be defined as September 3 of one calendar year to September 2 of the following calendar year. Consequently, Mrs B tutors 22 hours in September 2016, 24 hours in October 2016, 20 hours in November 2016, 25 hours in December 2016, 20 hours in January 2017, 26 hours in February 2017, 28 hours in March 2017, 24 hours in April 2017, 28 hours in May 2017, 25 hours in June 2017 and 22 hours in July 2017. Her hourly fee is set at 60 USD per hour.
        Mrs B has a very consistent schedule and accumulates 264 hours over her calendar year (September 3 2016 to September 2 2017), an average of 22 hours per month (about 5 hours tutoring per week). Each month, for the months Mrs B generated tutoring hours, Mrs B could issue invoices to AGF Tutoring and then would be paid her fees minus 35% commission. For example, at the end of September/beginning of October Mrs B could issue an invoice to AGF Tutoring and her bank account would be credited with 22×60 = 1320 minus 35% commission (462 USD), giving her a net 858 USD. However, at the end of her calendar year Mrs A has accumulated 264 tutoring and thus falls into the 15% commission category. By the end of the year she will have had 35% deducted from all here income: 264x60x35% = 5544 USD. As noted, she is eligible for the 15% commission rate, meaning that she should have paid 264x60x15% = 2376 USD. Therefore, AGF Tutoring would return the difference to Mrs A at the earliest opportunity after the end of her calendar year (2 September), that difference being: 5544 – 2376 = 3168 USD.
      3. Mr C is a serious full-time career tutor who joined AGF Tutoring on January 2 2016. He tutors an average of 22 hours per week for 47 weeks in a year. He takes a full month off for holidays in August. In an average month he clocks up about 90 hours of tutorials. Mr C charges 75 USD per hour over the calendar year in question.
        In this case, it is quite evident that Mr C will fall into the lowest commission category, the 10% bracket. Given the numbers above, he will accumulate 47×22 = 1034 hours, well above the threshold of 400 to qualify for the lowest commission rate. Mr C is paid, just like all the other tutors, whenever he issues an invoice (not more frequently than every month) for the fees he has generated minus 35% commission. The commission Mr C will have paid in his calendar year (January 2 of one calendar year to January 1 of the following calendar year) can be calculated as follows: 1034x75x35% = 27142.50 USD. However, at the end of the year Mr C justifiably qualifies for the lowest commission rate of 10%. Consequently, AGF Tutoring would return the difference at the earliest possible opportunity after the close of Mr C’s calendar year (that is January 1). The calculation would be as follows: 1034x75x35% – 1034x75x10% = 19387.50 USD.

      In each of the above cases, it was not wholly predictable from the start of the calendar year of the particular tutor, as defined above in Section 14.4, how many hours the respective tutor would accumulate over his or her respective calendar year. Therefore, AGF Tutoring implements and applies the 35% commission on all income generated during the defined calendar year and return any outstanding difference as per the above calculations at the earliest opportunity after the calendar year in question closes and all the hours of the tutor in question have been booked and accounted for.

    6. AGF Tutoring shall be permitted to amend the rate of Commission from time to time by giving You no less than one month’s notice.
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  29. Reviews
    1. A Student can review You when he/she has undertaken a Session with You. Reviews are published in the sole and absolute discretion of AGF Tutoring. AGF Tutoring may summarise, abbreviate and/or rephrase any review submitted by a Student. AGF Tutoring may decline to publish a review where AGF Tutoring considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with You.
    2. By performing Tutor Services You permit to AGF Tutoring to publish any review submitted by a Student about You in full or abbreviated form on the Website or any other medium including without limitation its social networking profiles.
    3. You can review a Student when he/she has undertaken a Session with You. Reviews are published in the sole and absolute discretion of AGF Tutoring. AGF Tutoring may summarise, abbreviate and/or rephrase any review submitted by a Tutor. AGF Tutoring may decline to publish a review where AGF Tutoring considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with the Student.
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  31. Intellectual property
    1. AGF Tutoring and/or its licensor(s) are the sole owners of the Website.
    2. AGF Tutoring brand and the Website are protected by UK and International copyright and other intellectual property laws. We permit You to use the Materials for non-commercial use only and we grant You a limited license solely for that purpose. Without limitation, this means that You may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website or as part of the Services for any commercial purpose or for any other reason without AGF Tutoring’s prior express written consent.
    3. Materials provided by a Tutor and any concepts, models or other tutoring tools shall belong to the Tutor. The Tutor grants the Student a limited revocable licence to use such material solely for the purposes of participating in the Tutor sessions. Without limitation the Student may not distribute, copy, sell or otherwise use any such material without the prior written consent of the Tutor.
    4. You are not permitted to record any tutor session under any circumstances. Any recording of any Tutor session shall belong to AGF Tutoring and shall not be reproduced for any reason without the prior written consent of AGF Tutoring.
    5. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. AGF Tutoring reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
    6. AGF Tutoring and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of AGF Tutoring. They may not be used without AGF Tutoring’s prior express written permission.
    7. All other trademarks not owned by AGF Tutoring that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by AGF Tutoring.
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  33. Electronic communications
    1. You consent to receiving electronic communications and notices from AGF Tutoring. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
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  35. Privacy
    1. You provide us with information when You register on the Website and/or use the Services. We may store such information and use it to improve the Services we provide through the Website. Any information that You submit or that we collect when You are using the Website is subject to AGF Tutoring Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.
    2. AGF Tutoring continually tries to keep all information secure from unauthorised access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information You submit is done so at Your own risk.
    3. Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
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  37. No warranty and liability limit
    1. AGF Tutoring provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. AGF Tutoring specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
    2. AGF Tutoring assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.
    3. AGF Tutoring is not responsible for the attendance of Students at Tutor Sessions.
    4. In no event shall AGF Tutoring, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
    5. AGF Tutoring does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of AGF Tutoring. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
    6. From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
    7. AGF Tutoring specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
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  39. Interruptions and suspension of the website
    1. AGF Tutoring does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation:
      1. the performance of scheduled maintenance including on servers and data lines;
      2. the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;
      3. a failure by or error in respect of any service provider including without limitation any server or data line;
      4. an attack on the security or system integrity of the Website including any denial of service attack; and
      5. the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.
    2. For the avoidance of doubt, without prejudice to the provisions of paragraph 12, AGF Tutoring shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.
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  41. Indemnity
    1. You agree to indemnify and hold AGF Tutoring and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.
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  43. Disputes
    1. You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, AGF Tutoring’s advertising or any related transaction between You and AGF Tutoring shall be governed by and construed in accordance with English law.
    2. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
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  45. Termination
    1. AGF Tutoring may change or discontinue the availability of the Website or any part thereof at any time without prior notice. AGF Tutoring reserves the right to terminate these Terms of Service for any reason, without notice. In addition, these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.
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  47. General
    1. You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
    2. These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
    3. If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
    4. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
    5. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
    6. These Terms of Service set forth the entire understanding and agreement between You and AGF Tutoring with respect to the subject matter hereof.