Terms of use

1. Introduction

1.1 Figtree Learning is a limited company registered in England and Wales (Company No. 10180838) whose registered office is Suite 69, 28 Old Brompton Road, London, SW7 3SS.

1.2 Should you have any questions about these Terms or wish to contact Figtree Learning for any reason whatsoever, please send an email to [email protected].

2. Description of Figtree Learning Service

2.1 The Figtree Learning Service is a service via which Users can require and apply for opportunities (usually, but not necessarily always, related to the provision of tuition services).  Users will comprise Tutors (including suppliers of such Tutor’s services such as personal service companies) and Clients.

2.2 Figtree Learning introduces the Tutors to Clients for tutoring assignments (“Assignments”), according to suitability and then provides the Services of these Tutors to the Client (acting as introducer).

2.3 Figtree Learning is, when providing the Figtree Learning Service as an introducer such that the Client and Tutor will be introduced to each other for the purposes of a direct supply of tuition by the Tutor to the Client, acting as an employment agency. In relation to this:

• the Client has the obligation to pay the Tutor for the Tutor services;
• Figtree Learning may make available to the parties a service via which the Client can pay the Tutor and the Tutor can collect payments from the Client. Such a service shall be optional with no obligation on any party to select it; and
• additional terms and conditions will apply in relation to the Client’s relationship with Figtree Learning where Figtree Learning introduces a Tutor for any Assignment to the Client.

2.4 Acceptance of these Terms imposes on Figtree Learning no obligation to find work or assignments for Tutors or provide Tutors for Clients.

3. Use of the Figtree Learning Service

3.1 The Figtree Learning Service may only be used by individuals (and suppliers of individuals) seeking assignments as Tutors and by Clients seeking the same.

3.2 Your use of the Figtree Learning Service is subject to any other contracts (as mentioned above)  that you may have with Figtree Learning. If there is any other conflict or inconsistency between these Terms and the other contract(s) you have with Figtree Learning the terms of your other contracts shall take precedence.

3.3 You agree to use the Figtree Learning Service only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use of the Figtree Learning Service.

3.4 You are permitted to download and print content from any Figtree Learning website solely for your personal use. Figtree Learning content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without Figtree Learning’s express written permission.  You are not entitled to use the content of any Figtree Learning Resources for commercial exploitation in any circumstances, save for the purposes of assignments you receive through us.

3.5 By using the Figtree Learning Service, you agree not to:

• use the Figtree Learning Resources, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise unlawfully discriminatory, objectionable or offensive (including in relation to discrimination laws relating to disability, sex, sexual orientation, race, age, religion or otherwise);
• use the Figtree Learning Service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another person’s User Account without permission;
• provide false or inaccurate information when registering a User Account, using the Figtree Learning Service or communicating with other users;
• post any assignment where there is a risk to the health and safety of any Tutor;
• except where allowed by applicable law, post jobs which require the Tutor to provide information relating to his/her: (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age;
• attempt to re-register with the Figtree Learning Service if we have terminated your User Account for any reason;
• interfere or attempt to interfere with the proper functioning of the Figtree Learning Service;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any measures we take to restrict access to the Figtree Learning Service or use any software, technology, or device to scrape, spider, or crawl the Figtree Learning Service or harvest or manipulate data;
• use the communication systems provided by or contacts through the Figtree Learning Service for any commercial solicitation purposes; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

4. User Content

4.1 You are responsible for any content, messages, reviews, feedback or profiles (“User Content”) that you submit post or display on the Figtree Learning website or transmit to other users of the Figtree Learning Service. You will not provide inaccurate, misleading, defamatory or false information onto the Figtree Learning website or to any other user of the Figtree Learning Service, and all opinions stated as part of User Content must be genuinely held.  You represent and warrant to us that you have the right and authority to post all information you post about yourself or others on the Figtree Learning website.

4.2 By submitting, posting or displaying User Content on the Figtree Learning website, you grant Figtree Learning a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Figtree Learning Service.  Figtree Learning reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion and shall comply with Data Protection Laws in relation to sensitive and personal information.

4.3 Figtree Learning may review and remove any User Content that, in its sole opinion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the Figtree Learning Service.  Figtree Learning reserves the right to prevent further access to the Figtree Learning Service for violating the Terms or applicable laws, rules or regulations.

4.4 Figtree Learning does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users of the Figtree Learning Service nor does Figtree Learning endorse any opinions expressed by users of the Figtree Learning Service.

5. Assignment requests and contract creation (relating to each Assignment)

5.1 You agree that each Assignment request shall not contain inaccurate, false, or misleading information.  Figtree Learning reserves the right to remove any Assignment requests or content from any of its records which, in Figtree Learning’s opinion, do not comply with these Terms or if any of the content is not in the best interest of Figtree Learning.

5.2 Where a Tutor has been Introduced to a Client by Figtree Learning

• (in the case of the Tutor) the Tutor will undertake the relevant Assignment for the Client with the Tutor making a direct supply to and contract with the Client (with Figtree Learning acting as an introducer and employment agency and not as a contractual or payment intermediary), and
• (in the case of the Client) the Client will engage the Tutor to supply the services of the Tutor for the Assignment with the Client engaging the Tutor directly (with Figtree Learning acting as an introducer and employment agency and not as a contractual or payment intermediary),

then you agree that a contract relating to an Assignment will be deemed to have been entered into:

• by you as a Client with Figtree Learning on these terms
• Standard terms and conditions], by you as a Client with the Tutor on such terms as you may agree with the Tutor,
• by you as a Tutor with the Client on such terms as you may agree with the Client.
• Where a Tutor has been Introduced to a Client and the Client (otherwise than in accordance with clause 5.2) engages the Tutor, you as a Client agree that a contract relating to an Assignment will be deemed to have been entered into by you as a Client with Figtree Learning on the terms linked in clause 5.2(b)(i).

5.3 For the avoidance of doubt where Figtree Learning acts as an employment agency it shall have no right to control how the tutoring services are performed or responsibility for how they are performed.

5.4 An “Introduction” for these purposes means the earlier of the following events:

• Figtree Learning supplying to the Client, orally or in writing (including via email), any information sufficient to identify a Tutor, or
• the Client interviewing the Tutor in person or otherwise.

5.5 An “Engagement” means for these purposes any engagement under clause 5.2, and any other direct or indirect engagement (temporary or permanent) or use of a Tutor by the Client or any third party to whom the Client provides information concerning a Tutor within 12 months of an Introduction, and “Engage”, and “Engaged” shall have corresponding meanings.

6. Optional payment arrangements for employment agency Assignments
6.1 In relation to Assignments under clause 5.2 or 5.3 above (involving Figtree Learning acting as an employment agency) you may, at your option, agree with each other that the Tutor shall issue invoices to the Client and the Client shall pay the Tutor via Tutor Cruncher which shall act as payment agent (the “Payment Agent”). That arrangement may also involve the Client making payments via the Payment Agent to Figtree Learning of its fees relating to the Engagement. You may elect to do this by following this link.

6.2 For the avoidance of doubt, Figtree Learning is not associated with the Payment Agent and will make no arrangements in relation to the payments due to the Tutor and shall not be liable for any failures by the Payment Agent to make payments correctly or other failures of the Payment Agent. Details of that Payment Agent service are provided for convenience only and may be of use where you want support with the process of making payments/collecting payments.

7. Tutor Checks
7.1 By registering to use the Figtree Learning Service as a Tutor you consent to Figtree Learning’s use of your information, including the passing of it onto third parties, so that so far as reasonably possible the accuracy of the information can be checked by or for Clients (“Tutor Checks”). Figtree Learning will not seek your further consent prior to any person carrying out the Tutor Checks and you acknowledge that certain sensitive information may be included in the Tutor Checks. The information which Figtree Learning will collect is set out below:

7.2 Figtree Learning does not guarantee the accuracy to Clients of any information and the Client may request further verification from the Tutor regarding this information or the Tutor Checks.

7.3 Any additional checks the Client requires can be requested via any Figtree Learning Platform or other system of communication that Figtree Learning may use. These will be notified to the Tutor if and when they are requested.

8. Liability

8.1 While Figtree Learning reserves the right in its sole discretion to remove User Content, assignment postings, CVs or other material from any Figtree Learning Platform or other filing system it may use from time to time, Figtree Learning does not assume any obligation to do so and to the fullest extent permitted by law, excludes any liability for failing to take any such action.

8.2 You agree that the Figtree Learning Service is provided without warranty and we do not warrant or represent that the Figtree Learning Service (including any Figtree Learning Platform) will meet your requirements or that its operation will be uninterrupted or error free. We do not make any warranty as to the accuracy or reliability of any information obtained through the Figtree Learning Service.

8.3 Any Figtree Learning Platform may contain links to other websites. We accept no responsibility or liability for any material supplied or contained on any third-party website which is linked from or to any Figtree Learning Platform, or any use of personal data by such third party or any use by any person of any services provided by any such third party.

8.4 We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and our liability in these circumstances is limited as set out below.

8.5 In no event shall we, persons who act on our behalf, and/or persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to these Terms (whether in contract, tort (including, without limitation, negligence) or otherwise):

• any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings;
• any loss or corruption of data; or
• any loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, any loss or damage caused by our breach of these Terms.

8.6 Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to £2,500.

8.7 Nothing in these Terms shall exclude or limit our liability in respect of death or personal injury caused by negligence or fraud (including fraudulent misrepresentation) or any other liability which cannot by law be limited or excluded.

9. Indemnity

You agree to indemnify, defend and hold harmless Figtree Learning and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by Figtree Learning in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) the materials and content you submit, post or transmit through any Figtree Learning Platform or otherwise supply to us, or (ii) your use of any Figtree Learning Platform or the Figtree Learning Service in violation of these Terms or in violation of any applicable law.

10. Term

10.1 Figtree Learning reserves the right, at its sole discretion, to immediately terminate your access to all or part of any Figtree Learning Platform and the Figtree Learning Service, to remove your User Account and/or any User Content posted by or about you, from any Figtree Learning Platform, and/or to terminate your registration with the Figtree Learning Service, with or without notice if Figtree Learning determines that you are not eligible to use the Figtree Learning Services or if you have violated any of these Terms.

10.2 Figtree Learning reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the Figtree Learning Service generally. These Terms will remain in full force and effect while you are a user of any Figtree Learning Platform or a registered user of the Figtree Learning Service. Figtree Learning reserves the right to close your User Account and terminate these Terms with you at any time by providing you with 14 days’ notice if Figtree Learning ceases to provide the Figtree Learning Service in the United Kingdom. Figtree Learning reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of inactivity. If Figtree Learning terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the Figtree Learning Service again, whether using the same or a different identity to that under which you were originally registered.

11. Changes to these Terms

These Terms may be amended by us at our discretion from time to time and the latest version will always be available on any Figtree Learning Platform or other communication system we notify to you. Any new version of these Terms shall take effect, and will govern the Figtree Learning Service and your relationship with us: (i) immediately upon the date of posting on any Figtree Learning Platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or (ii) no less than 14 days after the date of posting on any Figtree Learning Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to us. Please make sure you check for updates to these Terms each time you use the Figtree Learning Service.

12. Privacy

12.1 You agree that any and all personal information you provide to us may be collected, stored, processed and used in accordance with our current Privacy Policy which can be found at https://www.figtreelearning.com/privacy-policy/.

12.2 The Tutor consents to the Figtree Learning and the Client:

• processing the Tutor’s personal data for purposes connected with the provision or otherwise in contemplation of providing the Tutoring Services, such as the collation of reviews on the Tutor, contract administration; and for any purposes connected with the performance of this Agreement; and
• exporting and/or processing the Tutor’s personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of this Agreement.

13. General

13.1 If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.

13.2 Only you and Figtree Learning shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.3 These Terms set out the entire agreement between you and us with respect to your use of the Figtree Learning Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you.

13.4 These Terms are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the courts of England and Wales.