Student 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. All Tutors are self-employed. They are not employed or engaged by AGF Tutoring and are not the responsibility of AGF Tutoring.
    3. AGF Tutoring handpicks its tutors. The vast majority are former Tutees of Mr. Alastair Fisher and have been selected by him personally as tutors. The other tutors are either long-standing colleagues of Mr. Alastair Fisher, or have been selected by him personally for their salient abilities.
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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. “Introductory session” means a 30-minute Session with a Head Tutor during which the end-user and the Head Tutor can establish whether or how s/he may proceed with a tutoring programme.
    2. “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.
    3. “Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.
    4. “Student” or “Tutee” means any end-user of the Tutor Services.
    5. “Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.
    6. “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.
    7. “Tutor” means a user of the Website who has signed up to and acknowledged the Tutor Terms of Service.
    8. “Your” and “You” means the person accessing, downloading or using the Website and/or the Services for the purposes of seeking tuition from a Tutor or where such person is a minor, his/her parent, guardian or any person or entity in loco parentis in respect of such minor. Where You are a parent, guardian or in loco parentis in respect of a Student, obligations herein to do something or to refrain from doing something are obligations to procure that the Student under Your control does the relevant thing or refrains from doing the relevant thing.
    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 “Student 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. Your 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 your Tutor with respect and to refrain from abusive, racist, homophobic, sexist or defamatory language at all times.
    2. Your protection and safety is of great importance to us. For this reason You must never give Your personal contact details to any Tutor. This includes Your Skype (or other online chat) username, telephone number, email address, home address or Facebook (or other social networking account) username. In the event that a Tutor requests any such information, You undertake to notify AGF Tutoring at the earliest possible opportunity.
    3. You undertake and agree not to attempt to, or to actually, contact any Tutor other than through the Website.
    4. 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.
    5. 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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  11. 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 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”.
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  13. Setting up your profile & introductory sessions
    1. In order to start using the Services, You must complete Your profile and indicate as far as possible what You intend to do (this will take about 5 minutes). You will then submit this information to AGF Tutoring. AGF Tutoring will then return to you at the earliest possible opportunity with the proposal of a free online meeting with a Head Tutor to discuss your specific needs and requirements. During this online meeting your exact needs will be discerned and the Head Tutor will return to you as soon as possible with proposed tutors, a study schedule, and the concomitant fees. All this information will be available in your profile in the AGF Tutoring site – You will see a list of the booked sessions and the payment status of each respective Session.
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  15. Commencing sessions
    1. In order to undertake Sessions, You must purchase only via direct bank transfer to one of our bank accounts below one or more of the pre-agreed Sessions through the Website. AGF Tutoring accepts payments in two currencies: US dollars (USD) or Euros (EUR). All quotes in all invoices are in USD. Therefore, if you wish to pay in EUR, for example, please convert the USD amount into EUR using www.xe.com. If your local currency is not EUR or USD then You have to settle all commissions and other transaction costs associated with the conversion into either USD or EUR.

      Account Name Currency Account Number IBAN Bank Name Sort Code BIC / Swift
      AGF TUTORING LIMITED USD 357023361375 CY78002001950000357023361375 Bank of Cyprus 0387 BCYPCY2N
      AGF TUTORING LIMITED EUR 357023361308 CY44002001950000357023361308 Bank of Cyprus 0387 BCYPCY2N
    2. By purchasing one or more Sessions, You enter into a direct contract with the Tutor, who has been previously recommended and selected by a head tutor of AGF Tutoring, for the provision of the Tutor Services.
    3. The price charged for a Session includes the Fee payable to the Tutor, AGF Tutoring’s fee for provision of the Website and any applicable VAT. You must never make any additional payment to a Tutor or provide a Tutor with your bank account, PayPal or card details.
    4. Tutors are self-employed and act on a freelance basis. They are not employed or otherwise under the control of AGF Tutoring. Tutors do not have any power to bind AGF Tutoring.
    5. Sessions are non-transferable and a Session can only be used only for the Tutor with whom the Session was booked.
    6. In the event that You wish to use a different Tutor, You must purchase separate Sessions with that Tutor.
    7. In the event that a Session is postponed or cancelled by You in accordance with clause 9.1 or otherwise by the Tutor, or if the Session cannot take place due to the occurrence of an event detailed in clause 9.3, You must notify AGF Tutoring within 48 hours of the scheduled time and date of such event. Failure to notify AGF Tutoring may result in You being charged for such Session.
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  17. Cancellations and refunds
    1. In the event that a Student/Tutee wishes to cancel a Session with a Tutor, he must notify via a message (from his/her AGF Tutoring account) the Tutor 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 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.
    3. In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter the responsibility of AGF Tutoring, the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.
    4. Refunds are not available for any Sessions purchased by a Student.
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  19. Quality of tutor services
    1. In the event that a Student believes that a Tutor has not performed the Tutor Services, has been deficient in the performance of the Tutor Services or there is an unresolved dispute with a Tutor, the Student should contact AGF Tutoring who will endeavour to resolve such matter.
    2. The Student acknowledges and agrees that the provision of Tutor Services is the sole responsibility of the Tutor and that AGF Tutoring is not liable for any aspect of the performance of the Tutor Services.
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  21. Reviews
    1. You can review a Tutor with whom You have undertaken a Session. Reviews are published in the sole and absolute discretion of AGF Tutoring. AGF Tutoring may summarise, abbreviate and/or rephrase any review submitted by You. 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 Tutor.
    2. By performing Tutor Services You grant to AGF Tutoring an irrevocable licence to publish such review in full or abbreviated form on the Website or any other medium including without limitation its social networking profiles.
    3. AGF Tutoring will never publish Your full name in connection with any review.
    4. A tutor can review 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 You. 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 Tutor. AGF Tutoring believes that the ability for a Tutor to review a Student, and vice versa, engenders a healthy level of maintenance of quality and high standards, on the part of both parties.
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  23. 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 You 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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  25. Electronic communications
    1. You consent to receiving electronic communications and notices from AGF Tutoring and any Tutor with whom You book and purchase one or more Sessions. 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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  27. 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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  29. 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 provision of Tutor Sessions by Tutors.
    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.
    8. Use of a Tutor is no guarantee of a certain result. No Tutor offers any guarantee that a Student using his services will reach a particular standard or pass any examination. By using the Website and any Tutor, You irrevocably disclaim any claim You may have against such Tutor (or AGF Tutoring) in respect of the quality of tutoring provided by the Tutor and/or the content, format, method or other approach to any tutoring session provided by such Tutor.
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  31. 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 15, 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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  33. 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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  35. 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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  37. 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, and 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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  39. 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 (see article 19).
    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.