Terms and Conditions

Introduction

Welcome to Scoodle. This App is published by or on behalf of Scoodle Ltd; a company registered in England and Wales under company number 10306849 whose registered office at 56 Malvern Road, London, United Kingdom, N8 0LA.

By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in the contact us section of these terms. If you do not agree with these terms, you must stop using the App immediately.

General

The App is made available for your personal use. The App must not be used for any commercial purpose  or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but not limited to, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

Competitions

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Scoodle from time to time (“Competition Rules“) and by the decisions of Scoodle, which are final in all matters relating to the Competition. Scoodle reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

Content

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Scoodle or its group companies. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Scoodle’s express permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Scoodle or its group companies or third party partners of Scoodle. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Scoodle or the relevant group company or the relevant third party partner of Scoodle.

Scoodle’s Rights & Responsibilities

  1. To help Tutors and Students meet, by allowing Tutors to advertise their professional tuition services.
  2. To maintain a functioning App, including communication systems, a booking platform, Online Classroom and payment processing, wherever possible.
  3. To communicate any planned maintenance of the App or downtime.To
  4. reasonably endeavour to keep the site free from viruses and worms.
  5. To reasonably endeavour to check the identity of all Tutors, and the DBS disclosures of Tutors with DBS Checked Status where applicable.
  6. To decide when a Tutor’s profile is sufficiently complete to be set live and be accessible by other Users.
  7. To communicate new Bookings, confirmation of Bookings, and Cancellations, to both Students and Tutors via email.
  8. To process each Student’s payments on behalf of the Tutor promptly, and usually within 7 days of a Lesson, when there is no Complaint.
  9. To investigate Complaints to a reasonable degree by promptly informing Students and Tutors of issues raised and allowing them to represent themselves by email.
  10. To process refunds promptly in the event that lessons do not take place or a complaint is upheld.
  11. To take precautions we consider reasonable to protect Student’s and Tutor’s information. Scoodle cannot be held liable for unauthorised access to information by Students or Tutors.
  12. To monitor postings made on the App and messages sent between Students and Tutors. We do so in the hope of helping Students and Tutors meet, but also to stop misuse of the site, as set out in these terms and conditions. Interaction between students and tutors can be shared with relevant third parties including parents, guardians and schools to ensure the safety of students and tutors that use Scoodle.

User Responsibilities

As defined at the end of this document, a "User" means a person who uses our platform  (whether or not registered with us).

  1. Users are responsible for their own security in conjunction with our services, both online and offline.
  2. Users are solely responsible for the material they post on the App, including messages sent, and must not post defamatory, offensive or illegal material.
  3. Users must immediately report any defamatory, offensive or illegal material they view on our App.
  4. Users must exercise their own judgement regarding the accuracy of information provided on the App. Scoodle cannot guarantee that all of the content on the App is complete, accurate or up-to-date.
  5. Users are responsible for their own internet security when using the App.
  6. Users must contact Scoodle immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Scoodle.
  7. Users must not use the site with the intention of disintermediating Scoodle in any way. Users must not use the website with the intention of disintermediating Scoodle in any way. Users must not promote opportunities or services of any company other than Scoodle.
  8. Users agree to abide by the Privacy Policy provided by Scoodle.
  9. Any User who fails to meet these terms and conditions may be barred from using the App and related services.

Student/Parent Responsibilities

A “Student” means a User who has registered a Student account on the App.

A “Parent” means a User who has registered a Parent account on the App.

  1. Scoodle takes no responsibility for the actions of Students, Parents, or Tutors and is solely responsible for its own actions.
  2. Students must be 18 years old to book a Tutor for themselves, or be represented by a parent or legal guardian who gives consent for them to receive tuition. Students/Parents must ensure that all of their personal details and contact information are accurate and up-to-date. Scoodle is not responsible for any dispute regarding parental consent.
  3. Students must be at least 13 years old to use Scoodle. Students under the age of 13 must have parental consent.
  4. When a booking is confirmed, Students/Parents enter directly into a contract with the Tutor. The terms and conditions within this document cover all interaction between the Students/Parents and Tutors.
  5. When a confirmed booking exists, Students/Parents must ensure that they have a valid debit/credit card registered on our App, with sufficient funds to cover the bookings they have confirmed.
  6. Students/Parents must not pay the Tutor directly. All payments must be made through Scoodle.
  7. Students/Parents agree that there will be no attempts to disintermediate Scoodle in any way, either at the time of booking or at any point in future and that all future Lessons with a Tutor found through the App will be booked through Scoodle.
  8. Students/Parents must ensure that they have given enough information to the Tutor, including their correct address, to allow the Lesson to take place. If a Lesson is to take place at the Student/parent’s home, the Student/Parent must ensure a suitable setting for tuition.
  9. Students/Parents must use their own judgement about the services of Tutors detailed on the App. Students are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutor with whom they confirm a booking.
  10. Students/Parents are responsible for checking that Lessons booked by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email and through the app.
  11. Students/Parents are responsible for ensuring that they have the correct equipment to be able to access the online lessons prior to an Online Lesson. No refunds will be made in the event that Students/Parents are unable to access the Online Classroom for whatever reason.
  12. Students/Parents must ensure that all written communication with Tutors takes place through Scoodle. Students/Parents are not permitted to share any personal contact information, including contact numbers and email addresses.
  13. Any Students/Parents who fails to meet these Terms and Conditions may be immediately barred from using the App and related services. Scoodle reserves the right to cancel any existing bookings.

Tutor Responsibilities

As defined at the end of this document, “Tutor” means a User who has registered a Tutor account on the App.

  1. Tutors are not employees of Scoodle and are solely responsible for their own actions both on and off the platform.
  2. Tutors must be at least 18 years old.
  3. Tutors must be legally entitled (possessing the relevant immigration status) to work in the UK on a self-employed basis.
  4. If Tutors contact Students who are under 18, they must ensure that these learners are represented by a parent or legal guardian who gives consent for the Student to receive tuition.
  5. Tutors are responsible for ensuring that the personal information they provide and their personal statements on the app are accurate and in no way misleading. They must update this information to maintain its accuracy.
  6. Tutors must disclose any criminal convictions or cautions they may have to Scoodle.
  7. Tutors claiming DBS Checked Status must meet the necessart requirements
  8. Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors should take every precaution to ensure that they work in a safe environment and are responsible for their own insurance policies to cover the work they undertake.
  9. Tutors are responsible for setting their own fee. TTutors must not knowingly charge a fee which is not in line with their level of expertise or experience.
  10. Tutors agree that they will be ranked based on a mixture of profile data, Student ratings and number of lessons taught. Positive Student ratings, prompt messaging, repeat bookings and a greater amount of lessons taught will contribute to tutors being ranked higher on our search engine results.
  11. Tutors should respond to messages received from Scoodle and Users promptly.
  12. We may retain personal data from closed accounts for a maximum of 24 months in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, and assist with any investigations and take other actions as permitted by law.
  13. Tutors must only book Lessons in accordance with the instructions of their Students. If Tutors book additional Lessons which they fail to deliver, they will be liable to repay any funds received as a result.
  14. Tutors must not complete coursework, or any similar assignments, on behalf of Students.
  15. Tutors must ensure that all written communication with Students takes place through Scoodle. Tutors are not permitted to share any personal contact information, including contact numbers and email addresses.
  16. Tutors shall indemnify Scoodle for all claims and liabilities arising out of any use by the Tutor of the App, including costs and expenses incurred.
  17. Any Tutor who fails to meet these Terms and Conditions may be immediately barred from using the App and related services. Scoodle reserves the right to cancel any existing bookings, at any time.

Disclaimers and Limitation of Liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for anything which may not legally be excluded or limited.

  1. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
  2. If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
    • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
    • such loss or damage was not reasonably foreseeable by both parties;
    • such loss or damage is caused by you, for example by not complying with this agreement;

If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are not a Consumer:

  • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
  • Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
  • In no event (including our own negligence) will we be liable for any:
    • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    • loss of goodwill or reputation;
    • special, indirect or consequential losses; or
    • damage to or loss of data (even if we have been advised of the possibility of such losses).
  • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement.
  • This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Changes to the terms and conditions

You will be bound by the revised agreement, if you continue to use our App or the Services following the effective date shown.

Governing Law & Jurisdiction

  1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
  2. If any clause or part of these terms and conditions are found to be unenforceable in law, the other terms and conditions will remain in force.

User Content License

We do not claim any ownership rights in your User Content. After uploading your User Content to this Website, you continue to retain all ownership rights in such User Content and you continue to have the right to use your User Content in any way you choose.

By uploading any User Content to or on this Website, you grant us a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable licence to use, reproduce, distribute, perform, display or electronically transmit the User Content, whether in its original form or as adapted by us, on this Website and to our associated companies, advertising networks, distribution partners, affiliates and third party service providers.

You agree to waive any moral rights you have in User Content (including the right to be identified as the author) so that we may adapt the User Content freely and without restriction.

We may display advertisements relating to or in connection with your User Content and use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on websites and advertising networks, distribution partners, affiliates and third party service providers.

Content Storage

We reserve the right to establish general practices and limitations regarding the storage of content on this Website, including the maximum number of days that messages, in-mails, postings or other content will be retained by us on the Platform, the maximum number of messages or in-mails that may be sent by or received by an account and the maximum size of messages, in-mails, postings or other contents.

We shall not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by or under Your Account or any other part of this Website.